The morning call., 1894-07-04
NONSUT DENIED.
The City Scores Another
Victory.
An Ex-Sheriff and His Bondsmen
Are Sued for Heavy
Damages.

OAkLAND.-Juuge UgQen yesterday rendered
decision on the motion for nonsuit brought
by the waterfront company IN the water
front suit. The motion was denied. The
Judge desired to have the matter under advise.
ment until the close Of the case, but this was not
permissible.
The denial OF the motion for nonsuit will
neceSsitate the waterfront company's putting
in defense. The case will be called on Au-
gust Z.
Died Suddenly.
Henry Deering, 65 years Of age, who has
been employed as janitor by Brown & McKin.
non Tor the past seventeen years, died sud
denly at his post yesterday morning. The fact
was hrst discovered at 80 o'clock when the
employees OF the establishment came down 10
the store 10 The days work. They found the
doors locked, which OccasioDed some surprise
as Deering always hid then open by business
hours.
After working at the doors for some time the
conclusion was reached that the old man had
OVERSIGHT himself, and an entrance was accord
ingly effected through the skyight on the sec
ond floor. They found The tools and benches
in their regular places. Deering lay dead on
the floor near the door.
suicide was suspected from the first, but at
an autopsy held later in the day 1t was found
that death resulted from heart disease.
Foreclosure Suits.
The Germania Savings and Loan Society has
brought suit against Joseph Pfeifer. Charles
Hill ct al. TO forecl0se mortgage on Oakland
real estate given TO secure the payment of a
note for $4,000 made by Pfeitfer In favor OF
plaintiff on July IL, 1889, the note to draw in
terest at the rate of two-thirds of per cent per
month.
Suit in foreclosure has also been brought by
Harry w. SyZ against j. r. Miner ct al. to re.
cover Op note OF S4420 made TO plaintiff De-
cember2, 1889. The note, to draw interest at
the rate OF tWo-thlrds of 1 per cent per month,
Is secured by mortgage on OAK land property.
His Bondsmpu NIust Answer,
When Henderson Glover sought to recover
$4,000 damages from the Judson Iron Works
for false Imprisonment in connection with the
great Judson tram robbery. he was nonsuitrd
by Judge Ogden. Now Glover has returned 10
the attack with a new complaint in which he
makes eX-S Sheriff Hussey aud his bOndsmen al
mat time parties 10 the suit In conjunction with
the JudSon Company.
Hussey was the arresting officer at the time
of GlOver's Incarceration, and was on the wit
neSs-sTand In the former case, and suffered a
severe roasting at TIE hands of w. w. Foote,
GlOyer'S attorney.
The Populists' Fourth.
The Peoples party will be out at Blair's
Park in full force to-day. They are to have
what they call grand picnic. Speeches Will
be delivered Among the orators are: j. v.
Webster. Peoples party candidate for Gov
ernor; w. A. Van. Peoples party candidate
for Congress; +. Nj. Gibson candidate for Su-
preme Judge; Ben Morgan, Judge A. W.
Thompson, DR.. j. l.. York ano others. Music
L
exercises are TO begin at 10 A. NJ.
he Cartridge Exploded.
Ed Kennedy of this city while cunning in
Redwood Canyon on Monday met With an acct
dent that came near destroying his eyesight.
Iu attempting 10 shoot rabbit the clrtridge In
his Winchester rife exploded prematurely,
filling Kennedy's face with powder The boy
was accompanied at the time by his brother
and together they hurried back 10 Oakland,
where Dr. Webster attended the wounds. The
sight Will not be lost.
Petition in Insolvency.
George ]. Ulrich and Albert E. Ulrlch. doing
business under the firm name of Ulrich Bros,
as contractors and builders at AlcatraZ avenue
and Raymond street, have filed their petition in
insolvency. Their liabilities amount to S26S5
and their assets and several thousand more
They own real estate worth $4,000 and a home
stead worth $4,000 The latter lncumbered 10 the
extend OF S262o.
Dishonored Old Glory.
Z. ". Woodward, senior department COM
mander G. A. R., called upon a Broadway
clothier yesterday ana notified him that In put
ting words and figures upon flags in order to
advertise he was not only degrading the flag
but violating law which the old soldiers had
secured the passage of by Congress. The flags
were taken down.
Contestants Win.
Judge Henshaw has rendered decision
granting perpetual Injunction in favor of the
parties who have been contestDg the opening
OF commerce street.
Only those whose names are attached to the
decree are TO receive the benefit. Accordingly
committee has been appointed 10 receive
names and many applicants are coming in.
Turned Loose.
The only arrest made on account of the
strike thus tar In Oakland was that OF Fred
Wannaker, West Oakland boy, who was
locked up for throwing stones at a Seventh.
street local engine. Yesle erday morning Judge
Allen turned him loose because no one ap-
peared to swear 10 complaint against him.
Mrs. HiDckIey's Death.
Mrs. Mary HincKley. wife OF D. b. Hinckley
OF the Fulton Iron Works and the mOther-in-
law of Florence Blythe Hnckley, died at her
home on Fruitvale avenue Monday evening
after long illness. Mrs. Hinckey was ma
tive OF Maine and 81 years OF age. She had
resided In California Tor twenty-five years.
Not 80 Bad.
The charge of felony embeZZlement made
against j. 7. Srqueira, secretary OF the Portu-
gueSe Society, was dismissed yesterday. The
case came up before Police Judge Allen and II
was shown thai instead OF $500 Sequeira had
only S25 unacconnted for. This he will paw TO the
society and the score will then be settled.
suit in Foreclosure.
E. j. Crane has begun a suit In foreclosure
against II. j. FOutS, his wife, Lucy j. Fouts
Charles Henderson, John Henshall ct al to re.
cover principal and interest on SO, 900 note
drawn in October, 1889.