davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08
POLICE COURT.
This Has lleen Another Busy Day for
Justice smith.

This was another busy day lu a..
police court, twou.y-1nu cases p,r.s
dispCscd o. The case against Al's.I
snlfer, charged with yagauay wac
d.su.s-sI on motion OF the prosecution,
EmmA Dimsu, charged with assault
ami battery upon oun 1t ,he Inmates u
her aUus., .pr.ui,uI SO.
Flank Williams aud George F0s.ya
who wee uo.ore the court yusl.rlny
on the charge Of stealing uIu, anu
allowed 'a go, were foolish enough to
enter tHu lull yard late Iasl ulsnt Go
Give some tOuNua. 90 QUO OF Sue prison.
.rs. They Were s5gutul fur tgvnpsB
ana were given H,lpcu days each.
Williams hBl been lu Iai bias tuau
time when no had na alteration with
giclIUW urisunrr named eu. Adam,
who he uuai numerically Tor which
ao was TINS afternoon gwen ten days
more,
rho ouar,c oi rrut larceny against
Thomas Blown, % lad a Ilu years, was
dismissed ito WaB accused TO. rob.
uiug a lIll, She bglug tuu second time
uD has been BOO court uu q rImlIsr
charge, aud tue court decided 90 give
u3m one m o. chance,
j, q, Nixon WAS ura'Euud on the
charge %, disturbing tue peace aud
uIng "a ulny clio wlthDul Pc license. lie
plead not guilty O. both, ans stated
mat hu .ll NOT oven uHyus bicycle.
alH case WAS ~. lsT % D.. m. tomorrow.
We johnson, FauE Porter, j, W.
Miles ana j. h., Evaur, arrested tot
violating the ulgy Gle .g.luauuy. The
int two were uuuJ g. par. amt the
ether, forfeited the samu amount
j, W, sH..u llaaI guilty NO leaving
his team uHuyu Hua WUs uu,l g..
The charge usHIut Mike Murphy
Tor pcddilug without % license wss an
miNcI,
Elizabeth G. Deuu, who wa.
charged with dlsa.u,l. the pcscs,wa,
discharged,
CuHTIys J0uuslu forfeited SO l1r
rosoruug, Eliiu smith DowI tJgIauui
$50 Tor prCstigutlon, uuI Maggie Hui
- Tor tlUuamu uuusu,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

LONDON, May s.--Wigh bright sun.
shine anu u cool breeze, which raised
CLOUDS OF dust, the approaches 20 the
buckingham palace were thTOuged To-.
Jay long before the hour fixed iUt tho
opening OF the drawing room, uy
treble flo Of carriages, The pfOugsHiuu
10 the throne room included the FRINGE
ul Wales, the Duke ana Duchess of
York; the Duke and Duchess OF SAKE
CobuTg- tho Duke aud Duouus.
of COnuaugh5 tue Grand Duchess Ul
MoohleuuTg.A ustgTlllz, PTluue-s ChfIs.
tau, Princes Victoria VI SchloirwlE-
H0ttoiu; tho Duke and Duchess ui
Fife, Princess Aen-y OF BatlouUUIp;
the Marquis aud MurChloucss %,
Lornui tue Duchess OF Albany; the
Duke NJ Cambridge and the Duke of
5aXG- Weimaf; tho third daughter lI
the Duke and Duchess Of SaNt.COuuTg-
Gotha,, Princes Alexandra, made her
debut m tho royal oIrcis. The queen
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

ls,m, Eogai,ui,hsro Fortune Tor the
lHWFurss

...
DO aut T.y.l uy,t thu twyu.y gr
o. EI..u. ,tby tHc late sen Tor
a-a @. fa|I aud the prospect 90
U a.ui1l promises ht plcEiugs
letnuy o, lawyers iu the case.
UrHL FaIfua uIrd bis contest
satsIlg. b.. A,Nyt fsmgt.mga du'
ieElt ,h0 "aI NiuiI3w viii" nul
t-.lu e...al iHr "u1u viii as
.'.il.'te. l.H. No. ".uucii will"
-H. Hj .'if' NriIu craven.
20 glis'. is made rarity ON the
af 90 w.t. Che Cfaygu viii, nuI
4l 90 poo ground ui undue Iuilu.
en- a1tIuF .n "a man iu vnlceuIri
.a.. lha. Been OIL. upuu secret for
la0ae'ha, iarH...u.ia iug Cha.
it',. H.lHi ot Oh. '.ar No a.. '.l.
cay" Do H. iHg du.airi.uw
"a ol,gii ..aI. '.ugIt aliutI. 90
'-'a 2. 'uru''.rn. I.iE wsHur aH
'A" 90 ia. u lsagIr.a.y uuuus
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08
ruE oonnoN TRAGEDY
4 well Lntd risu 81 Azsas.inatiou,
sH1s tie Persecution.


sH1s thr Prosecution.
LOuryuIE, kyY May s-The
Courier journal today urlutstht follow
iug' The sensation attending the Cor
don double ElillnR 81 not over yet uy
uniL Tue prosecution Will attempt 10
PROVE that the KILLING uf Arch rix1u
Brown was due 90 deep laid plot %
assagsila'o him,tho tap, astGo prose u.
ton believes, Was fgHtyTuI aud planned
10y a person who, Tor reasons beet
au0wn % himself, was afraid 90 10 the
ws,s and used Gordon us tool 90
carry gut bic dualguE The governor
uur reason 90 believe tlat hta aJuSr
coming 20 Louisville Uu tuu LAY OF the
,fsguly aud bl8 usHlguEilIu with Mrs.
GORDON Was huuWn 90 o. man iu Luuls.
yiiIr. THIS AyuIHyIlIr man, ,uu prose-
gutlun claims, notified Gordon that his
wife was 10 meet Brown nui "nctIvely
lTHlftri INA the foul ussussluntiun.n The
prosecution further says the name of
the man who, "Aclu1 uH "a Hpy,p is
known, and hB viii have IN he pro.
luuul lu court,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

HuusrUS, r,Ass, Stay a.--A upecial
tom Gslyustlu tD the Plt say. Ngl.
wilnstauJiuH Adjuaut Uuuufai Sine
liy'4 protest tU the contrary the
5ruly % ils- Will IepIr, iur memphis
next Thursday evening. Whether
iuuy VIII enter the competitive iutgr
state dtil, Do "a uugNlgu which viii
be- decided upon tine gHmlsuy's arrival
90 MeWUuIs.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

Tho Ilmiug ct school Trustees b.
lIatrlItI..

iIRtrIIU..
tuWU, Cg.ae May The c0rauurs
Jury ...H HuuI tuy Hilllug ui School
Director Wyatt, Taylor aud MuUuriy
no IIu laUyall district, by Buulam
Radcliffe. 90 90 lrlUuialH. I4y tfipIp
murder WEH ihc uulgT0wth VI most
uYHUyUry scandal, Radcliffe lives
WIKI hlB two young daughters Gl9no.
lln girls have never been allowed to
Whit town OF ovuu ueighblnug
IHnuhUf, Months ugI pAssuf.by
claimed 10 have suen things rejecting
on .ho father
Radcliffe had dislike ior the school
b.gII because thuy had refused 10
build % trhUulhousu on bic ranch, aud
hu imagined tuu members originated
the g.OFlua about him. This week ho
heard ui % TumIT that his uaushtp
was IN delicate condition, i1T whiCu
Radcliffe WAS held responsible, lusluf-
Jay be- went 90 the enuU5lh0uso, know.
INK that The school directors would hu
together Ito waited iUg awhile tor H..
X, CfggIoL whom hu also connected
with the matter, 20 arrive. Finally.
be- entered the sghguluUuHu aud killtd
hla three UuumiUl. CEgZler wa only
saved by his tsriIrvss,
Leaving, HhlcIlir went twgrd
Como, looking Tor Cr0ziUr but messed
him Lat night "a meeting Of citizens
was held at Jefferson acknowledgements
matu o. go tp Falgulny tonight 10
lynch Ratclille, but rh.rH Wilson
spirited bio prisoner away anu bis
whereabouts are atill a secret.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

regent u H..Iaui aud he lti'c queen
OF HDIIbug wont 90 tue palace but alu
not attend the actual draw INK ROOM
CgIym uy. The queen cent afute'sI
carriage 90 Br5wU's hotel 20 fetch
them Co Buckingham p1luCu, 20 Hs o.
enable tue young queen 90 zee hrr nf'
rtyei I'm her cd uf VI Blsto before tue
ceremony.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

EAN FEANUueu, JaI. May SIN.
bench show uf the Pacific Nuuuul
club 90 tlr Mechanic Pavilion, uuuuz
today, aud dogs have arrived and arc
arriving from 1lI over the state. Tho
Fcotu,uTy OF tho Kennel club says tho
show VIII up one 90 the most HuurpsHIuI
ever held in The stale.
one NJ tho most Interesting classes 0f
tho show hTc the 30. BHunFd-. There
have been nearly sixty entries, aud
some splendid specimens VI that breed
Will be- exhibited. There are great
many pure &c. Demands ON this r.ast,
som" u' whom trace their ancestry
Straight lara io Barry /, who IL known
AL over the world Us tue most Cplubral.
ed suimti ever bred by tue monks VI
the Alps.
A competition that will excite =
great deal NJ attention iH that for the
lnigrst dog 40 the show. Thinner
lIuufis brought down from Sacru-
msutu one that viii receive much adj
mimtl1n, His name H"lLo CD, naud
although he 81 bur ~ muHt#s Old, me
weighs $50 p1uu4s
NATIONAL CAI uJw.
NEW Yuml, Hsy s-rnc national
cat show viii begin it Hut annual *.
hiuiti0u be Cue Madison square garden
.gday. Toe mauaEuH Uiler ntasIy
$1,000 iu prize, distributed hM1,g
iaJty Hifl8f,u, UipHrs, Many hRnts0mr
special pT.4us VIII aI-n he given. Au
exhibition uf trained cats VIII be-
among the ATTRACTIONS Among the
.aly patrons are Mu Richard Irwin,
Mrs, W, Seward NHUu, Mr.. j. j.
AsIpr, Mrs. FrH GHwrI. Sic. stan
ford Waite, Mu.4s. p.rT.lnt H0r.s.,
John q. HeCGsuvE a.. %. Aillis, stan
iord White.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08
SIZE SELECTED.


The CHE us' Electric company have
purchased sitc ilr their plant, and %
is the iutcullln 10 Igt tho coulrso. Tor
construction OF the power house AT
unue, us 1ue plans are completed. Tue
otto selected Is lot @, Boo block %, plat
A, embracing about l1zIi rods VI
rgJuad, AMI is situate on the east slide
Of Fourth Nest between Fltst anu
SECOND South streets, just south OF the
Utah d Nevada railway depot. 10
llrs between two lines Ui narrow gauge
railway t,ayA, uu each OF which 10 lH
propogcI Go Icy "a tuitI rail frg com.
mu-lcaaOn with tur broad guage, AMI
connection Will probably Doe made with
llu hlp Glaulu Nvsturu's tracks sp ~
Go provide ZOO q coal supply tUm b1.a
rungE The purchase pTluc was $40 1000,
Hui tho mpsuy a. sect 10 uElruu
sllU,Ull ln the nstsblluhmuut 40 tue
plant The Iis1- system viii be-
used Tor both arc AM incaudrcuut
HEuH. The Ian. Will probably Us Ia
uF,TlllJu By 7e. tumupr lst.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

JERSEY CuY May Safer being
out sEleun hIufI tue Jury Ia Inc
Garz uuriur case tolly returned IA
yugYIct of guilty ln Inc nut degree
GEM, VITO kllei his sweoluuart
CLARA ATuheiu, SAID 900 tho verde, was
announced, "lnat suits me-"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08
rIlE noon or 0AunIIN0.
Judge nniisy AimsD uiow at Hoard,
Of trHUr.

90 trHuv,
Eau CLAIRE Wisr May s.-Judgs
Bailey l1uuy teutcuuul ImUszElrr
Harry B,HcMuttrg tDtwU yrpr.' pus.u
with mHrl labor, Hr declared Ga q
0uly WY 10 suppFuss such uaF8, Of
pmutZz.pmeut was 90 atflku AZ the root
VI gambling, The Chicago board of
trade, he believed, hal caused m1Fp
distress, Tuiuui more mon anu WtyukrH
more families than the c,yII war. YET
10 was iuIusul by the public aud
when Senator Waahburn raised ni.
voice against Il, no was thrown out ui
office,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

BuESus hyW8, May t. There wac
a severe earthquake tOuny At Men.
dUuUa, capital uf tue province OF that
uumv, The inhabitants were terror.
stricken aud i5d from the town. Men.
d0nca II situated about hlty.hye
Mules southeast from tho volcano OF
AiC0ugua, The place was destroyed
by an earthquake IN 1860.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

BERLIN, May s.-rhu Reiphs,ng
committee tOdhy by vote Of % a. ~
rejected the motion By Count Ngu
SuEwurlu, conservative. APPROVING
Won kaniiZr ton Ia favor Ot gov.
eminent monopoly Tor gain, tlu.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08
DrLtWAI!E nEAnIoCil.


DOVER, U.r May s.--rho iudici.
t,uus uru thHt ihu senatorial deadlock
will UU ufUbuu this afternoon uy the
election %. Henry ]. Dupont % Win
iug,gu, PRECEDENT % tbs DuIJat
LlMLuL mIL--.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08
NULL AN VOID

rho law Truhibi,us. Importation g
so H.r tur rriyatv use,
COLuMBlA, 5. g., May s.-Judges
SlmonIeT aud Goa decided tUday that
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08
THG ENDOE THE CUBAN WAR
Rebels Said 10 Have Abandoned Their
Cause 10 Despair


NEW YOHl,, Mry "A special itom
Havana TO Is morning paper eays'
Tho end of the war 10 nc hand Tho
fuW1r Iurme1loI lhe ely J1youHy
Last night AMI now 10 b. confirmed in
Ola well informed c.rcIcs pnctR ai
,He B.uBu have Iiso.. The c1iri Ui
the insurgents have abandoned their
Cause lu a.,paiD
Captain General Martinez snmp50
has ordered That tUe works on tue rUfl
90 rtuutHO tu begun at once. RAFT
wpyH and isIcgfa.H Iuus arc 90 De-
uuuN TetuI.i uuI improved through
Ma. 1.uU.U, Bag ONO, Puerto puualpU,
Santa l.Ia, $500 LuiH, aud sYIipUU.
IIu..u.ut D.gvrlAH.' cordial Iurr
Wow with sru.r NH.Iy u i.m., the
Spanish minister Is Iu..HH. uy toe
uuNHiuNas hero ANA y.usU great Uu.
tHusiasu among She PEOPLE. This De-
uiscusuiuio .iu the lou applause which
gruuIa the report that the sIau.0u gov.
eminent nIa ordered GImluulUu 90
tax tatyH ON Lil the Industries aud
railway loo Cuba.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08
IlImoALInN Az 1,,r
'"'H OF ronrr uttvsp lana,
ami China.

l.Is. W., IA. 'lay SILT isalalpd here
hg t.,..A. h,a.Ignsof tna treatv ,,'s oi
ll.,,.l, 'l.hy ht Cuo1 Zoo.
stgI., 'i.',ll ihuJ sF lllaorl Hort.
q, WY ". senemI OF tlu Cnipsp, ', c,,I v
lr.ssu'.'anluod tine uaymrnt ~,
aasssaI.',,.,.,' .pniIy i,maadod ~
aa 10 n i,.D,' of rauuqui-hlug her
,sEll5c,.- 10. lao Iulg peuinsula in
81 sue ' W.IA t4u views Of Fus.i 80
In, b, Sul 1e,mnuy sir R,6rri
s1s9Bs,1 makes his guarantee
d, lI,.l .l that the llnaucieTiny
BE-. ~''' indemnity Is lett in bls
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

plul IN ''H Cattle Feeders.
y ls 55 1,'9 May Sat noon 10.
F,,dlBg u, ,le Disabling and Cal.
IN, Ss65io yomlEny was called 4,
3FaIy i nns shares l. being represoptei
~ cS, ps9 'O1l In person. y, ID,
sl,f,,v.,. a a resolution that, 80
S'c.si u q, 'ue by'lsws had been
" allow the msstings Of
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

Reports FROM several statos CO. uhr
"tuImtrs' EHNItU."

"IHImtrs' EaNItu."
CUCAUD, May .-rnu falm.rF
h,us9 Iu thvlr lssuu this wg,a Wi
s1ys
Reports have lopu received tom the
special correspondents of thu IuTWrrs'
Atugw boo lluuuiH, luuiuur, Uhiu,
Michigan, kentucky, Missouri, kAI.
Fat, Nebraska, lowe, Wnu0uun,
NIuuuH1ln AuI ihu Dlkltsa on tho
condition Uf winter wheat, plfIufps,
urt the comparative urea planted Go
IJiAtDUs, Since the reports Wufu
mailed b. tuu correspondent there
have been C0riUuH TaIuE BOO many
places, wuicu tend o. improve the
tituaIUn.
WINTER wmAT
In Illinois iue crop guuuralIy BE-
doing well. thiucluugs uIu numerous
Boo many Uuu tiu., TIE IIasIruls fUT
the t'H.u as whole are puUI. 600 lie
diam tho outlook Do good isrA iH.ge
CROP,
M. crop of Ohio DO IaIur vpI, Iu.
ihu development NaH boon TsIHrIuI
tho recent very UIy weather 4un
general condition u' Vac ulsiu be- IaIf lU
good.
lu Michigan tho crop s hardly
Alr though sumo correspondents o..
rUff uH.H.
Kentucky reports HUrC'1 good.
4. Nls g.1. n.U. UHgn UI..HIu
many c.uufy s. bur fUnC ulIug. HUH
,.Wtna v.Huf. ChIuuHNulH nfr o..
WuIH ana Orc the s.u.tJ uf niue
anxiety. a .uuHful v.umn.r 90. Ilg
HlH.g .Ivrs Hu average uuuIUu ..s.I
la hyu.HH the crop Will uHIIe "y
not Boz I.Is., DruIu end yhIug.uu
uayu r.vvI very elective 0. ur..u.
.wu 90" condition, Some I1.gr
h.Nu been IJWcI up ana Iut into
ua.o ana com. Prospects ~ tue btaIn
grg bad.
rAnIuEIH.
In Iili ole tUoy rfe good iu most
gIuullai tut Iu come localities ufU
greatly lu need 90 rain,
In Indiana they have been back.
ward up 90 the prgseut umu ON account
of .arh %. moisture,
lu OHIO Tive condition b. poor O. fair.
lu HHuNiEAu fair Go good.
lu AiIs1uur god CO. niT and Kansas
good.
NuuraaEa quite good.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08

NLw NuW,, May -.-A apccial l1
tue Hor.d from Slutiugl uu Cuun says.
iuu IuyoIuuguilts under Muut0'-
leadership attacked tho town OF GrF.
to- They burned houses uud shop,
turu up tlu railway tracks and uUsuilui
o. tiaIu l.nluu with 5pnuisl sUldi.fH.
AZ iglhtuu rpaaarl Wa killed uu4
several were wounded, The l1ss UI
the luauiEuatH Do mot Known, luu 900.
tufrurir also made a. attack upon tbu
town OF 1aary Hau burned one house
byisgg 1uuy were compelled 90 retire.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-05-08
oupmrp RELEASED

NEW AUWl, May s.-A special 90
the Uut.d ON Santiago, Cubs, buys.
Con lal sslcudO, commanding INC
military department, haB Iuft iu-
formed the World correspondent that
au ugltE bias been issuri iUr thr release
uI Manuel fout1 who wac arrested f4l
uls ulltgrI Relations with the iusufg.
uut.. Ills Tulrnsc o. conditional Iu hiH
leaving 600" leland. Tho result EsH
u..r brought nuuu. t.rau Ia rulrcsou.
WuuHa muIU uy Juu Hu.d &. Governor
LA.,iuh ana Gvu.wl NaruYyz CampU5.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-29
Ferd B. Kenneth on Trial for
the Crime
PEOPLE CLOSE THEIR CASE
The Testimony of Dennis Kearney aud
A. B. Lawson
Damaging Evidence by Sheriff Burr and
Under Sheriff Cienents-Gooi Char.
acter OF the Defendant

The court room of department one OF
the Superior court was we'll filled yester-
day morning when the trial of Fred B..
Kenneth, charged with the murder OF A.
B. Lawson, was commenced before Judge
Smith and jury. The defendant occu-
pied seat just back of his counsel, Ben
Goodrich, esq, Capt Will A. Harris,
Hon. T. E. ribbon and Judge w. II.
Shinn. The people were represented by
Assistant District Attorney George NJ.
Holton and Deputy C. C. McComas. The
widow of Detective Lawson was present
with several lady friends, and there were
several other ladies in attendance. De-
tective Insley, in whose employ Ken
nett was at the time of the shooting, &C.
cupisd a seat by the prisoner.
Dennis Kearney, brother-in-law OF
Lawson, and who was in his employ at
the time of his death, was the first wit
ness called for the prosecution. After
the usual preliminary auctions, Kear-
nev testified that he was In the business
office of Lawson's detective agency on
THE MAN WHO DID THE SHOOTING
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-29
General Court Notes

Arthur A. Plaisted has brought suit
for asdivorce ftrom his wife, Lorabella 7.
Plaisted, on the grounds of adultery.
The Main Street Savings bank and
Trust company has sued Henry Clement
ut al. to recover on a promissory note for
$500, and To foreclose mortgage securing
the same.
William Riley has sued Sherman Smith
and NJ. A. Long to recover on a prornis-
sorry note for $500.
In the case of Giiday VS.. Carpenter
Judge Shaw yesteray gave judgment for
the plaintii1 by default.
Judge Shaw called the law and notion
calendar in department. two yesterday
afternoon, in the absence of Judge Clark.
Z. Il. Bemis was yesterday arralgned
befor Township Justice y oune on charl g
of petty larceny.
In the case of Augusta Weber VS.. 7. So
Oldham, Judge Van Dyke yesterday gave
a decree of foreclosure in favor of tn u
plaintiff for $64l0. 10.
Mrs. NJ. W. Ormandy was yesterday al
| lowed by United States District Judge
Wellhorn to Withdraw the exhibit used
against her in her recent trial for coun
tereiting, she having been acquitted d
the charge.
Robert Hayes. charged with raising a
~ note 10 $40, yesterday ente:ed his
plea Of not guilty IN the United States
district court, and his trial was set fol
Novemb Der l9a.
Judge Smith yesterday continued the
sentence of Frank Ruemer, convicted o.
murder In the second degree, to Novem-
Der 4th.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-29

In the case of Lucy A. Rawson VS..
Fred Gross ct AL, Judge Van Dyke yes
terday gave decision finding for defend
ant, Wright, as assignee in insolvency.
AS there are some points involved out OF
the ordinary the opinion is given, as fol-
lows:
The action Is enc to foreclose what is
| claimed to be mortgage, but the docu-
ment IN question is simply an assign
| ment of deed from the defendant,
Gross, to the plaintiff it being agreed ir
such assignment that the plaintiff, as as
| slgnee of the deed, will deliver back to
the asslgnor the deed referred to upon
receipt OF 500 with interest at 10 per cent
per month. The instrument is dated No.
! vember /, 1894. anu was never acknowl-
| edged or recorded. The assiguor of the
deed, Defendant Gross, filed voluntary
petition in insolvency. and after the
! proper proceedings in the Insolvency
! case, the defendant, K. l.. Wright, was
! duly appointed as assignee, and after
| qualifying as such received from the clerk
| of the court an assignment or all OF the
| insolvent's property.
| 1t is contended on the part of the
| plaintiff that the document in question
! should be interpreted as mortgage. The
language. however. is plain and obvious
and requires no Interpretation, and In
! such case the rule is imperative that tt e
language must control. Hawley VS..
| Brumagim 33 Cal. 1874. e. G. 2. 1858. The
authorities referred to on the part of the
| plaintiff do not support the contention
| that such document can be enforced as
| mortgage.
By the code mortgage is contract by
| which specific property is hypothecated
| for the performance of an act without the
necessity OF change of possession, and
| it can only be created BY writing executed
\ hp IN q \
| of grant of real estate. q. &. 2290-2922.
| The document in question does not con-
vey or bypothecate any specisc property,
or attepmt to convey or hypothecate any
porperty. The deposit of title papers
| does not pass or affect the title TO the real
estate that may be described In the pa
pers, nor create lien upon the property
| so described, and the courts of this state
| have in no case sustained as a mortgage
a mere deposit of title papers. When a
| deed is properly executed and delivered
it conveys title. Its redelivery to the
grantor or its cancellation does not
operate as a retransfer of tho title so con-
viewed. Devlin on Deeds, section 800.
Bowman VS.. Cud worth, 81 Cal. 14S. Law
ton vs. Gordon, "a Cal. 366. Kearsing VS..
Kilian, s1S Cal. 492.
| The property in question was neither
conveyed nor incumbered by the assign.
ment of the title paper and remained en-
tifely unaffected thereby at time Of
the Insolvency proceedings; and by such
proceedings the assignee in Insolvency
has succeeded to the title and possession
of tho property unaffected by the assign
ment and deposit of the deed in question.
| Civil Code 1914, 1852. Insolvency act Of
1895, section q. Hastings VS.. Cunning
ham, 30 Cal. $40. As to the so-oalled
mortgage therefore findings and iudg-
ment will 90 in favor of defendant
| Wright as assignee in insolvency.
Judge.
| October %, 1895,
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-29

for at least half an hour after the shoot
ing, either by himself or young Lawson,
after the body had been removed from
the Office.
A. b. Lawson, son of the deceased,
was the next witness. Like kearney, he
was in the outer Office aG the time OF the
shooting, and while his testimony was in
the main corror borative of Kearney's' he
went more into detail. He said that his
father was out when Kenneth first called
at the law Office adjoining. He noticed
som ething peculiar about him at this
time. When Lawson came in he began
talking with the witness, when Kenneth
came in and asked MS father if he could
see him in his private Office. Lawson said
that he could and got up and led the
way into the room, Kennett following
with his hand in his pocket, and as he
passed in he shut the door with his
elbow. As they passed in the witness
chair in which he was sitting to see Ken
nett as he passed in. The men had only
been in the room short time when he
heard mum bling, closely followed by
three pistol shots. The remainder of
young Lawson's testimony was substan
TALLY a corrorboration of Kearney, except
that he told about telephoning for the
doctor and what TRANSFERRED In the inter-
val while Kearney was absent at the jail.
On the cross-eXamination, however, the
witness was cornered on two PROPOSE
tions. One, that when Kenneth passed
into the private Office he had his hands
in his coat pockets, and the second, that
he heard mumbling in the private Office
just before the shooting began. 1t ap-
pears that neither at the coroner's in