The record-union., 1896-02-26

the third was a more mighty affair, and
was not SO easily disposed of. Interest
on the same was kept up for time as
follows, when payments ceased:
Jan. 4, 1893. / $50 90
Jan. Is, 1893. $50 90
neo. -, 1853. ............. o0O W
Since that time no inStalIments of
interest have been paid, and since the
signing of the note only the following
sums have been paid on the principal:
Dec. II, 1894 So 800 90
Jan. ~, 1S.'2-.. LOG u3
Jan. %, 1898. / 800 90
Jan Z, 1o9o.... 1oo0 W
These payments were simply made by
the company in order to secure releases
for certain purchasers who refused to
make payments unless a deed was in
sight. The complaint also calls for
S114 42 taxes the plaintiffs were COM
PEELED to pay and for attorneys fees
and costs of suit. The trouble seemed
tc be directly traceable to the cause
that has wrecked many a ventura
lack of capital and lack of business
judgment.
The original "Kenwood Land Com
pany" consisted of D. NJ. Carmen, c.
STAGE Bareford and A. o. Witbeck. Of
these Carmen was the head, and did
most of the talking. Bareford was the
capitalist, and Witbeck, the only mem
Der of the company who lived upon the
tract, acted as Superintendent. After
securing control of the tract the first
duty Of the promoters was to interest
Eastern people, and Chicago was Sc
lected by Mr. Carmen as a promising
field. To a man of his fine abilities
it was no trouble to paint a picture of
sunny skies and almond blossoms suffi
ciently alluring to interest his hearers,
and a number of tracts were sold to
purchasers who had never even seen
the land. Others, more careful, came out
to inspect the country, and of these
many purchased tracts and planted
them in fruit and vines. Few, if any,
of those who purchased before leaving
Chicago were thoroughly cognizant of
the terms upon which the land company
had secured its control, and as most of
the colonists purchased upon the in
stallment plan, a receipt for their pay
ment and a contract for a deed when
the payments were completed was all
they were then given in return for their
money. Those who Investigated for
themselves before paying anything,
however, saw how matters stood. but as
the company represented itself as being
in a fiourishing and prosperous condi-
ton, probably not as much attention
was paid to details as would otherwise
have been done, and they, too, were sat
isfied with a contract to claim deed
when their payments were all in.
For a time the income of the company
was sufficient to enable it to meet it's
obligations, but when new eolonists
ceased to come in things took on a diff
ferent hue, and when some improve
ments in the hills were considered nec-
essary, such as opening up inaccessible
spots where roads were necessary, it is
claimed, the money went into these
like issues instead of to the payment
Of the mortgag ge, and now the too con-
fiding coIonists are about to reap the
result Some of the sufferers do not
hesitate to charge the company with
unfairness in not properly applying
these payments. Those payments made
by the company on the last note were
made necessary by some of the purchas-
ers refusing to pay in their last install
n1ent until they saw the deed forth
coming, and therefore d meeting was
arranged at the savings bank between
the representatives of the Gianella in
terests and those of the Kenwood Land
Company and the interested colonists,
and, everything being in readiness, the
money was paid over to the land com
pany, who, in turn, paid it over to the
Gianellas, who then gave release to
the tracts in question.
Some time ago d. r. Gale, attorney
fr,y. 10 Ia iYta actc M
Carmen that his company was in de-
fault for interest and shortly afterward
a payment of $500-the last-was forth
coming. He was reminded that the in
terest on sos, 900 at 6 per cent. amount
ed to 1,650 every six months, but no
more payments have been put up. The
Gianellas in self-defense, it is claimed,
have fully decided to push the matter
to finish, and the result will undoubt-
edly prove disastrous to many of the
Kenwood people. It is certainly unfor-
tunate that such a condition of affairs
should exist, for besides being disas-
trous to some Of the most excellent cit
liens we have, great deal of injury
has been done to one OF the farest and
most productive sections in the State
of California.
i ne UeIenQdulS dL the suit are as 1Ol-
lows: D. M. Carmen, c. STAGE Bareford,
". Edna Anderson, G. II. Berger, Es-
tella Berger, M. G. Bently, William H.
Binns, William Bishop, William Bonen-
izer, Mrs. Nettie w. Carey, Joseph C.
F. Dick, Herman l.. Erdman, A. e.
Gage, John H. Gilmore, Eddie B. Hone
nitt, Frances H. Kersten, r. o. kers-
ten, Edward n. Lincoln, Arthur Llew-
ellyn, Alexander McClashan, Fred Nc
Coy, Harriet E. Mumm, E. P. Murdoch.
Mary A Murdock, S. A. Phoenix, Har-
riet Sears, S. L. Sanders, Alice J. Sher-
riH, Minnie W. Sheriff., Samuel Stacey.
James Stroner, William F. Thomas,
Winfield Scott Voy, Mrs. A. D. voy. A.
c. Witbeck and wife. George Walker.
Charles E. Wilson and Kenwood Land
Company "a corporation).
A generation or so ago a great deal
or noise was made over the forcible
taking of boy child from his parents
at Bologne by Papal gendarmes. As
the law then stood, the act of the gem
darmes was justified through the fact
that the child had been secretly bap-
tized by a Catholic nurse. The boy sub
sequently became a monk of the order
Of St Augustine, and is now known
as Father Mortara,-one of the most
dfcffvoy1iShad Jiue1iSfs Of olIf- time