davidaulloa/AmericanStories huggingface dataset:
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

a dead faint. There was speeding to and
fro in hot haste. Sal volatile aid other
restoratves much affected by fair fem
ininity are not among the accessories of
ths district attorneys Office and so re
course had to be taken to the simple. and
in this case efficacous cup of cold water.
Judge Williams. the ever genial assistant
district attorney, assisted Mrs. Fithen
into one of the ad jacent rooms and con-
trived to bring the patient around all
right. Meantime several of the deputies
stood around in silent admiration of the
deft dexterity with which the Judge
adapted himself to the exigencies OF the
occasion.
1t appeared that Mrs. Fithen had left
her 4-year-old boy at home in charge nf
young girl, who was leaving at II
O'Clock. She was in m0tral terror of her
husband abducting tho chilu, and as she
did not get through with the business
quickly as she expected or desired, she
was afraid the child might be left alone
IN the house and an opportunity afforded
for its carrying off. As matter of fact,
however, the little child was found by
her safe and sound upon her arrival at
home. There are certain facts in con
nection with the Fithen divorce that are
rather unusual. About year or SO ago
Mrs. FitheD obtained divorce from her
then husband and was awarded the GUS
tody of the child. Several months ago
the divorced couple made up their differ
ences and were reunited IN marriage.
Almost before the marriage feast had time
to grow cold Mrs. Fithen has again maze
application to be divorced from the same
man and for the secondE time.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

arraignm emit, when an attempt was made
to have his bail reduced from $1,000 to
$1,000. The court stated that il the dis
trict attorney would consent he would
make the order. but the latter did not
seem disposed to consent to the reduction.
]. II. Mckenzie, charged with grand
larceny, he being accused of having
''held up" James Cronin at the end of
the Pico street car line and robbed him
Of $14 several weeks ago, was arrais1ed
before Judge Smith yesterday. and waiv-
ing time to plead, his trial was set for
October 29th.
Earnest Hebsch. a native of Germany.
was admitted by Judge Shaw to all the
rights and privileges of citizenship upon
making proper proof of his eligibility.
Il. NJ. and J. g. Coe. held on a charge
of grand larceny, they being accused of
having driven off drove of hogs at Lam
caster. the herd belonging to the as
signtes of an insolvenr. have given notiti-
cation that they have applied for writ
! + habeas corpus. which has been made
returnable betoreJudge Shaw on October
4th. The grounds upon which the ap-
plication vas made was want Ut probable
cause.
permission by Judge Shaw TO mortgage
property held by the institution.
Auditor G. f. Bicknell yesterday filed
his report for the month of Septem Der
with the board of supervisors. According
to his figures there was on October 1,
1892, 341 in the treausry. The fees re-
ceived during the mouth amounted to
$3047.30. The tax receipts were 1912. and
for the whole quarter ending October LIST,
SIS, 749.
Jennie Fife attempted to regain her
liberty by the habeas corpus route yes.
terday IN Judge Van Dykes department..
The not fair Jennie is suffering confine-
ment in the county Jail for vagrancy, and
her claim yesterday was that she had
neither waived nor received jury trial.
This contention mas been raised before
and has been passed upon by the suprem 9
court. which decided that under the
terms of the Whitney act person could
not demand jury trial upon charge
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

thirty-six years ago this fall. My hus-
band and drove in with the wagon load
OF peaches and went right down through
where all these big houses are now. 1t
was nothing but pasture then and there
was nothing here but few houses under
the hill along the river bank. l have
not seen it since until today
And how does the change strike your
son, it's not as fine as | thought it
would be-" said Mrs. Rowland. with a
laugh. You see we have always taken
the papers and have read about the big
city buildings up here. but l thought 1t
wac much nicer than this.
II heard so much about the market
square that went there the first thing
todav," she continued.
"You ought to see it on Saturday; you
would see the crowd them" said her
nephew.
piled Mrs. Rowland.
Mrs. Rowland rather dreaded her long
ride this afternoon. One of its drawback
was that she would have TO eat at a rail-
road restaurant.
"You know have never eaten at a
restaurant or hotel in my life,' she said.
g! don't think l would like that sort of
cooking"
Mrs. Rowland saw the battle of Lone
Jack fought August IL, 1862. She lived
short distance form the battle field and
her sIster-in-law, Lucinda Case, was kill
ed by stray bullet from federal rife.
She had hidden with her children in the
weeds and was nursing her baby when
the bullet struck her IN the breast and
pierced her body. She lived three weeks
after the accident. Mrs. Rowland visited
the battlefield the night after the battle
and helped nurse the wounded. She was
asked todav to describe it, but said "Oh.
my. l couldn't. 1t was just awful, with
dead men and horses lying all around,
and people moaning and groaning and
taking on"
Mrs. Rowland is the wife of Blue Row
land, one of the most prosperous farmers
in the county. He is 70 years old. and
hale and hearty. A member of their FAM
lily is Aunt Annie, a negro woman VINO
does not know her age, but is supposed
to be rs years old. She was a slave in the
family and after the war said all the free
dom she wanted was to live and die with
"Massa's folks. kansas City Star.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
All Parties to a Suit Now
Dead
WANTS TO REMOVE TRUSTEE
From Administering Very Valuable
Estate Near Pasadena
An Unusual and Not Unpleesing Episode in the
District Attorneys Office-A
Too Sympathetic Jury

THE case of the United States VS.. E.
Hunter, b. D. Wilson and John g. Dow
ney was continued in the United States
district court yesterday. This suit is Of
Q rather curious character inasmuch as
1t is forty years old and the several par
ties to it have crossed the river Styx and
Joined the great majority.
1t appears that Ed Hunter was ap-
pointed marshal of the southern district
Of California in August, 1854. and B. D.
Wilson and John Downey went as sure
ties upon his official bond. Hunter, when
the time arrived for him to surrender the
office, failed to account for $780,. 81
which he is alleged to have appropriated
to his own use. The sureties were called
upon to make good the loss but refused
and the case has been in practical o bey-
ance ever since. Now the estates of the
defendants are being sued for the amount
of shortage. with per cent interest from
Deem Der 4, 1855.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

not ha7ing been done, the present suit
has been Instituted.
A. S. Moody has commenced suit to re-
cover 1853. "a, with lawful interest, from
M. N. Newmark and d. X. Edwards and
J. s. Robinson. On Septemb Der "a, 1894.
the last-named defendant drew and deliv-
was accepted and endorsed by Newmark
and Edwards. Partial payments, aggre.
eating $183. 90 have been made and to o.
tain the balance still due the present
suit has been instituted.
P. V. kuh and Herman White have
begun suit against NJ. F. Coronel to fore
close a mechanics lien on property stu
ated on Also street.
Lambert Eliel has filed suit against A.
D. Ripley to foreclose an open mortgage
for HOO.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
New Suits Filed

Suit has been flied by James Hay, su-
pervisor of the fourth district, and ex-
officio road commissioner, and W. L..
Woodward, supervisor OF the fifth dis
trict, against Marcus Meyer. The defend
ant Is the owner of tract of land form
erly portion of the Rancho Los Coyotes
and it is alleged that in June, 1892. he
constructed across the highway certain
fences whereby travel is obstructed. In
August last notice vas served on de fend-
ant requiring him to remove the en-
croachments within ten days, and this
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
Big Land Interests

The suit of G. W. Morgan VS.. I. H.
Preston came up for trial in Judge
Shaw's department of the superior court
yesterday. Very large interests are in
volved and some serious allegations are
made. The complaint filed in the case
is such voluminous document that it
took nearly two hours to read it. 1t ap-
pc ared from the facts set forth that the
plaintiff owned several hundred acres of
land situated between Pasadena and this
city and including Sycamore grove and
portions of the Highland View tract.
Several years ago the property became
involved and in order to straig hten
affairs out ]. H. Preston, who is an at
torney in this CITY, was appointed trus-
tee to administer the estate.
+ The property is valued at from $3.50. 900
to 5000, 900, and the Highland Park Water
company, whicn was organized by the
plaintiff with q capital stock of $50 600,
divided into 1890 shraes, and of which
he has been president, general manager
and zanjero, has very fine plant. For
the past three years the defendant, as
trustee, has been selling parts Of the
In his behalf 1t is claimed he has saved
the estate from practical ruin ana in so
doing has contrived to save for the
plaintiff $4,000 worth of property that
otherwise would have been totally lost.
On the other hand Mr.. Morgan alleges
that Mr. Preston has diverted certain OF
the proceeds OF land sales to his own
pocket. and that he has not performed his
duties under the law in just and equit-
able manner. This being SO he asks that
Mr.. Preston be discharged as trustee and
be enjoined from making any further
sales of property; that the trust deed
made at the time of the conveyance of
the property in trust be reformed to con-
form to the terms of the agreement as
negotiated by the defendant. Preston.
with Mr.. Morgan that Preston be re-
quired to give an accounting; that no
comm issions, percentages or compensa E.
tions be allowed Preston as trustee, but
that they be adjudged forfeited; that a
successor be appointed by the court to
sell such lots and lands necessary to pay
off all liens on the property and the re-
manning property be reconveyed to the
plaintiff.
Mr.. Morgan was on the witness stand
the entire afternoon yesterday, and gave
his evidence regarding the property and
the difficulties which led to the appoint
ment OF a trustee.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
READ THIS

Hot Springs, Ark, March z, 1893
DR.. Railway & Co., New York.
Dear Sir: have been sick nearly two years
and have been doctoring with some of the most
expert doctors of the United States. l have
been bathing and drinking hot water at the
Hot Springs Ark, but it seemed everything
failed to do me good. After saw your adver-
tisement thought would try your Pills, and
have nearly used two boxes; been taking two
at bedtime and one after breakfast, and they
have done me more good than anything elseI
had used My trouble has been with the liver.
My skin and eyes were all yellow; mad sleepy,
drowsy feelings; felt like drunken man. Pain
right above the navel like as ii it were bile on
top the stomach. Ny bowels were very cos
tive. My mouth and tongue sore most OF the
time. Appetite fair, but food would not d.
gest, but settle heavy on my stomach and some
few mouthfuls of food come up again could
send aBooE OF Advice Respectfully.
BEN ZAUGG.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
Early California Hospitality

The hospitality Of both ranches and
missions was unbounded. Ono could
travel the length OF the land and no mon
ey asked for. nor would it be received il
offered horses were furnished from one
rancho or mission to another; food AMI
housing were given with ever a hearty
wecome.. In gentleman home it was
customary to leave in the guest cham Der
a heap of silver coin covered by cloth !;
from this, il the visitor were in need, ne
was expected to supply his immediate
wants. 1t was considered a disgraceful
act for any member of the household to
count the guest silver. In 1929 "a young
American travelling with a Spanish party
from Monterey to Los Angeles astonished
oil by offering money for fruit and other
courtesies. VA young Spanish girl voiced
the general feeling when she exclaimed
in contempt, Los Ingleses pagan por
todos. THE English pay for everything.
Overland.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

Quite moving little scene was en-
acted in the district attorneys Office yes
terday. Mrs. Mollie f. Fitnen had been
given permission by Judge York to vcr-
lily her complaint in the suit for divorce
she has instituted and was waiting In the
district attorneys office while Deputy
Holton went into court to complete some
detail in her behalf Upon his return
he found the lady lying upon the floor in
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

Mrs. H. G. Bath of the Associated
Charities is now full-fedged notary
public and the only one of her sex in the
city. Yesterday she filed her bond for
$4,000, with H. Jevne and G. Ducommun
as her sureties. Judge Young has an
nounced his intention to swear ali pen
sioners and city claimants without de-
mandlng the ordinary fees. and as a
consequence, Mrs. Bath and the town
ship Justice are very popular just now
with the numerous subordinate attaches
around the court house, who heretofore
have been compelled to pay % cents each
time they received their salary.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

The following informations were filed
yesterday by the district attorney in de
partment of the superior court:
W. A. Bell, burglary, charged with
having on August 18th feloniously en-
tered the room of o. Il. Knute1 with in
tent to commit larceny.
Richard Woodward, assault with a
deadly weapon, charged with having on
August 18th assaulted Julia Durrant with
coupling pin.
Mary McGary, grand larceny. after
having been convicted of the same
Offense. She was convicted in the super
ior court CT Santa Barbara county on
June goth of having stolen a purse con-
tanning $40. belonging to a Mrs. Sherder-
mer. On the 2Sth of August she stole a
purse containing 81 from Mrs. J. john
son in this city.
Brullo Laventhal, grand larceny
charged with having on Septem Der 18th
driven away horse with saddle and
bride, belonging to W. J. Reed and H.
i. Stebbins, and valued at $l0O.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

Beecham's pills are for bilious
ness, bilious headache, dyspep.
STA, heartburn, torpid liver, dir
ziness, sick headache, bad taste
in the mouth, coated tongue,
loss ofappetite, sallow skin,etc.,
when caused by constipation;
and constipation is the most
frequent cause of all of them.
Go by the book. Pills loo and
ESQ a box. Book free at your
druggists or write B. F. Allen Co.,
COS Canal Street, New York.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
NOfice-SChOOI Bond Election

NOTICE IS HEREBY GIVEN TO THE
trict of the county of Los Angeles, state of
California, that in accor dance with the pro.
visions of the political code of the state of CAL
iforpa, as set forth in article XXI, title III,
part Ill thereof, and amendments thereto ali
election will be held on the fifth day Of Octo-
Der, 1895, at school house at the Summit, in
said district, between the hours of a. m and
2. m. during which period the polls shall
remain open), at which time the question of
issuing and selling bonds OF said district to the
amount of three thousand dollars, for the pur-
pose of raising money for purchasing site,
building a school house and furnishing the
same and improving said lot, will be voted
upon
The said bonds hereunder to be issued and
sold to be of the denomination of five hundred
dollars EACH and to bear inter est at the rate of
seven per cent per annum, and TO be num-
bered from one to six, consecutively, as TO-
lows, to wit:
Bond No l, five hundred dollars. to run to
January LIST, 1897.
Bond No. q five hundred dollars, to run
January LIST, 1898.
Bond No. 8, five hundred dollars, to run to
January LIST. 1899.
Bond No. 4, five hundred dollars, to run to
January LIST, 1900.
Bond No s. five hundred dollars, to run to
January LIST, 1901.
Bond No. y, five hundred dollars to run to
January LIST, 1907
That Ed Dupuy as inspector and W. A. Bur-
rows and 8. Huchins as judges, three compe-
tent persons and qualified electors of said
school district, will act as the inspector and
judges of said election and conduct the same.
In witness whereof we have hereunto set our
hands this Seventh day of September, 1895.
NJ. A. SMITH
GEO. D. BARRON
Trustees OF Howard school district Los An.
geles county, California. 9-l1-le-25 10-2
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

If you want to learn just where man
stands. follow him into crowded street
car-Texas Siftings.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
Court Briefs

Judge Erskine M. Ross left fer yam
Francisco yesterday afternoon for the
purpose of sitting in the court OF appeals
in that city. He will be absent from
Los Angeles about a month.
]. Miller, esq.,, was admitted to prac-
tice in the United States court yesterday,
upon motion of W. A. Harris. esq.,, and
upon presentation of his certificate from
the supreme court OF this state.
Mace Mayes of Antelope valley was
brought before Judge Smith yesterday for
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

1t was currently rumored yesterday
that the grand jury has case under con.
sideration that presents exceptional fea-
lures. Certain witnesses have been into
the inc uisitorial cham Der and the mere
fact Of their having been SUNNI on ed was
warrant for the belief that deputy sher-
iff who he'll. position in the county Jail
under the former regime, is charged
with undue fam iliarity with one OF the
female prisoners. 1t is claimed that the
deputy was seen in compromising posi-
ton with the female prisoner, she being
at that time locked up in the women's
which is shut off by lattice
from the corridor, while he was on the
outside.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
A Sympathetic Jury

The jury IN the Van Horn case retired
to the jury room in department yester-
day morning at o'clock, and although
the testimony was convincing to any Or
binary person who happened to be in the
court room. a verdict was not returned
until 3 O'Clock in the afternoon. Even
at that time it is dou btful if any return
would have been made had it not been
that Judge Smith intended to lock the
jury up all night on the spare diet of
bread and water.
Van Horn Is charged with having
stolen certain pieces of jewelry from Mrs.
Phoebe Dayton in April last. The arti-
Giles were found in his possession, and lie
himself, when on the stand, did not
deny taking them, but claimed no was
drunk at the time. In spite of the unde-
niable guilt of the accused, the jury re-
turned verdict of guilty of burg larry in
the second degree" and strongly recon-
mended the prisoner to the mercy OF the
court.
Van Horn is said to be SO years old,
and several of the jurors allowed SYM
pathy on this account to move them,
which was neither at one with the law
or the evidence. Hence the recommend
alton of mercy.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
Seafaring Troubles

A case illustrating the high-handed
method of the Pacific Ship owners assoc
citation is to be ventilated in department
i. before Judge Smith. ]. W. Davis,
who was agent at San Pedro for the asso-
citation in Septem Der of last year, wnen
the trouble over the shipment of crews
had reached an acute stage, is charged
with perjury. 1t appears that last year
a man named Michael McNulty was
arrested at the instance of Davis, and
was tried before Justice Moore at San
Pedro. Davis. in giving testimony,
claimed that McNulty was instrumental
in provoking tine riot and preventing the
shipment of a crew on the schooner W.
G. Wright. He testified that McNnlty
used vile language and threatened to
throw any man who shipped for the trip
on the schooner overheard. 1t has since
transpired that McNulty was not in any
way connected with the difficulties ct San
Pedro, and at the time OF his arrest he
was charged under John Doe warrant,
even his name being unknown to Davis.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
Barred BY Time

H. W. Dean. ex-postmaster at Visalia.
was brought up for trial i'll the United
States district court yesterday before
Judge Wellborn. He is charged with
havin: appropriated to his own use
S1S1.5l of the government funds on or
about the Sd of January, 1898. A nice
point of law was developed yesterday
when it transpired that of the several
amounts which aggregated constitute the
total deficit all but one are barred by the
statute of limitations. Whether this will
invalidate the prosecution will be seen
today when the further hearing of the
case will be resumed. In such case.
however, the remaining amount, small
though it be, will suffice as a foundation
for q new prosecution.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02

The following opinion was rendered
yesterday in department three by Judge
York in the case of Afr ed MAOre VS.. s.
H. Mott and W. G. Furrey:
Tho allegation OF non-payment Of judy
ment in the action in which the writ OF
attachment issued is equivalent to an
allegation that the undertaking to release
the attachment has not been paid, and is
sufficient as an allegation of breach OF
the undertaking. Sec. 4, COP.
Plaintiffs former action on this under
.aking, decided by this court in February
of this year, included the issue as to
whether the demand made upon the
sureties on the undertaking to release
the attachment, January 10, 1880, was
law. I further hold that il that allega-
tion was sufficient, that. plaintiffs cause.
of action Is barred by the provisions of
Sec. 337 Of the code of civil procedure.
Inasmuch as an execution cannot be
issued on a judgment after the lapse OF
five years from its rendition, the alleged
demand upon the sureties of Decem Der
20, 1894. being after the lapse of five
years after the rendition of the Judgment
at time when no execution could b. is
used thereon. was OF no avail.
Under the circumstances of this case.
where o demand for the property that
was released from the attachment could
HOb pe Ill tue Ou tue pTlHClpdlt tuo SURF
ties, if not entitled to demand for the
property, were entitled to return the
property in the name of their principal,
a right which they could not exercise
after the time for the execution of the
jugment had expired. They we're also
entitled to be subrogated to the rights
of the redeemed creditor, which have
been lost to them by the default of the
plaintiff. 2s48 A. G. G.
Plaintiffs remedy upon his undertak-
Ing was clear. 1t has been lost by his
| neglect: during the life of the judgm ent.
to make demand upon the sureties con
sistent with the terms OF their undertak.
ing and the oiroum stances of the case.
1t follows that plaintiff cannot recover.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-02
On q Tech nicality

e. G. Tvlman, who committed an un-
provoked assault upon Mrs. Abner Long
ley short time ago, who was rescued
from his brutal hands by ex-May or
Henry 7. Hazard, was up in department
l yesterday. before Judg, Smith. under
habeas corpus proceedings, brought TO
secure his discharge. The contention of
his counsel was that the evidence did not
suffice to warrant his being held on the
charge of assault with intent to comm it
rape. The testimony of Mrs. Longley.
taken at the preliminary examination,
was read by Mr.. Pendleton. but the cross
examination being very long, the court
interposed and stated he would look it
over at a more opportune time. The
matter being thus continued will be
brought up later.