davidaulloa/AmericanStories huggingface dataset:
The herald., 1896-10-10
FRUIT MEN IN A FIGHT.
L. S. Brlckler Charged by II. Reddinger
With Assault.

Special Officer c. v. Miller, who is on
duty at the public market at Ninth and
Los Angeles streets, yesterday morning
brought to the police station L. S. Brick
ler and H. Reddinger, whom he booked
for disturbance of the peace.
Reddfnger is an elderly man who re-
sides in Pasad Sla, while Brickler lives
on San Pedro street, this city. Both are
fruit dealers having stands in the mar
ket. They had some difficulty about
fruit boxes, Reddinger claiming that
Brickler had couple which belonged to
him. Accordingly yesterday morning
ne went over to Brickler's stand and Sc
cured his crates. This proceeding did
not suit Brickler and. he engaged in a
wordy alteration with his opponent
One word brought on another and the
affair eliminated by Brickler's pulling
a monkey-wrench from his pistol pocket
and cracking Reddinger over the head
with it. The men grappled and were
struggling when Miller arrested them.
At the police station both put up 500 bail
for their appearance in court and were
released.
Reddinger Immediately sought out the
district attorney, after he had had a
scalp wound dressed, and swore to a
complaint charging Brickler with as
sault with a deadly weapon. When the
latter showed up in court in the after
noon to answer to the disturbance OF the
peace charge he was arrested by Officer
Sparks on the warrant. The two men
were arraigned on the first charge and
the matter continued until the 18th for
pleading.
Brickler wall also arraigned on the as
sault complaint and examination set for
the 18th at 9 a. m. He was represented
by Col. ]. Marion Brooks. In default OF
$500 bail he was committed to the county
jail to await his hearing.
The herald., 1896-10-10
A FUNNY INCIDENT.
Treated for Alcoholism the Patient H.
lustrates the Cure.

A funny incident took place in depart
ment six yesterday when the case of j.
p. Shumway VS.. A. c. Haley was called.
The suit was on an appeal from the JUS
tees court and had been instituted by
the general director Of the Los Angeles
Wherrell institute to recover s100, being
a balance due for medical attendance
Yesterday was the day appointed for
the filing of a new bond, but this not
having been done, counsel for Shumway
moved to dismiss the case. Thereupon
G. M. Norson. ESQ.,, who appeared for
Haley, stated to the court that the claim
was for medical attendance in curing his
client of alcoholism. He was unfortu-
nately situated with regard to filing a
bond for his client was at that time in
a state of intoxication and was quite un-
able to attend to any business. He
asked for a continuance under the cir
cumstances.
Judge Mckinley wanted to know from
counsel how long it would take his client
to sober up, but Mr.. Norton stated that
he presumed the court was as expert as
himself In diagnosing a case Of pla1n
drunk.
Thereupon the case was continued un-
til Monday,
The herald., 1896-10-10
to be illegal and void, s:
CAL. 1ss.l..

CaL.s lSS.J
~or va. Supervisors (1e Csl.
21o), the court quotes. with approval. the
opinion OF the New York supreme court
In People vs., Mayor (5 Bart, 45l, to the
effect that when the acts Of municipal
tory, the law will afford a remedy, and
a writ Of review will not be granted. But
In neither of these cases was the point
necessary to the decision Of the case,
and the remarks referred to were mere
expressions Of opinions and not judicial
decisions, and, therefore, not Of full
weight as authority. after a very
thorough examination" says the court,
II am unable to find a case which holds
this doctrine directly and necessarily,
and the attorneys for the city have cited
me to none. Any opinion may express
on the decision of this case will not be
an adjudication, and II I should be in err
ror. the petitioner would have no reme-
dy except by appeal. An order to dismiss
the proceedings might be construed as
a decision that the resolution of the
council was without their Jurisdiction
the city attorney comedies that the res
olution, as an attempted cancellation Of
the contract, Is void, and 1t follows that
an order Of this court that the resolution
be annulled would do no harm to the
defendant. And, at the same time, 1t
would preserve whatever rights the pc
titioner may have, II it is proper case
for review.
Let an order be made declaring the
resolution or motion of the council, so
far as 1t purpprts to cancel the contract
to be null and void, and that it be an
nulled accordingly"
The herald., 1896-10-10
AN OLD TIME SUIT.
A Plucky Woman Who Has Finally Got
Judgment.

An old and very interesting suit was
decided by Judge York yesterday. The
names of Sarah v. Rubens VS.. Mary N.
Mead, Administrative Of the estate of
Alexander J. Mead, have figured on the
files for a long time.
The plaintiff and her mother got into
the hands of the land sharks and were
most beautifully done up Alexander ].
Mead and Attorney Shinn were promi-
nent figures in these transactions, but
Mead saw fit to die and 1t was insinuated
at the time that he committed suicide
in order to save himself from the peni-
tentiary. He had become involved in
certain complicated insurance affairs
which did credit to his ingenuity at all
events.
Miss Rubens advanced certain sums OF
money, aggregating s6500, on certain fer
tile fruit-bearing lands-or she thought
she did. AS matter Of fact every rood
was wildcat land situated either in a
river bed or on a mountain top. But
Miss Rubens was plucky and showed
fight and has been in the courts ever
since. Yesterday she got judgment fol
the full amount, $500.
The herald., 1896-10-10
THE MA1N-sTREET CASE.
A Ruling Made Regarding the City
Councils Illegal Action.

Judge Shaw yesterday handed down
an opinion in the suit Of the Western
Construction and Contracting company
VS.. City of Los Angeles, bearing upon the
paving of Main street.
The proceeding was to review and an
null the action of the city council in
adopting a resolution purporting to can
Gel a contract entered into by the plain
tiff with the superintendent Of streets
for the paving of Main street.
"The contract" says the court, was
made in pursuance of proceedings to
pave the street under the Vrooman act.
The action OF the council complained of
was not done under that act, nor under
any proceeding known to the law, but
was done by the council of its own mo-
tion and without notice. 1t Is conceded
by both parties that the action is utterly
void, SO far as 1t purports to adjudicate
upon the validity of the contract in the
least particular. The only point in dis
pute is whether 1t is SO absolutely void
that 1t can work no injury and, there
fore, cannot be the subject of review, be-
cause the law affords an ample remedy,
or whether 1t IL mere excess Of juris-
diction which ought to be annulled on
certiorari
III this were court Of last resort, and
the opinion here expressed could be cited
as binding authority, and were to fol-
low my own convictions on the subject,
/ should refuse the writ on the ground
that the proceedings Of the council
sought to be reviewed are SO utterly
void as not to require any action Of any
court to declare them SO, and that the
petitioner has an ample remedy In the
fact that the declaration OF the council
could not be made the basis of any ac-
ton against 1t, nor the foundation Of any
oNtactior m the proceedipgs to nave the
street Expressions to this effect are
..aut.a-. In the decisto OF the su-
prems court In Spring Valley Water
COMPANY VS.. Bryant, It is said that
writ o. review will not be granted when
the ct Of the municipality 10 90 extra
The herald., 1896-10-10
AN OLD BUNCO GAME.
Vic wattell Works It With Sick Wit,
and a Brass Ring.

I Detective Frank Steele yesterday ar
rested a young man named v. A. Wat
tell, and on charge of obtaining money
under false pretenses booked him at
the city jail. Wattell has been in
trouble on numerous occasions before
on similar charges, but has managed
to get out of the scrapes.
He is this time accused by F. H.
Parks, O lodging house keeper at 3203a
South Broadway, with obtaining from
him the sum of so cents on brass ring.
On the 4th of this month Wattell came
into Parks place in rush and told n
pitiful tale Of his wife having been in
jured in an accident at Santa Monica.
He must. go to her Immediately, and
pulling heavy ring off his finger,
asked Parks to buy 1t for so cents, thus
giving him enough money to get to the
seaside.
He got the half dollar and Parks got
a ring which was made Of the purest
brass and worth about cents. When
he found how he had been taken In
Parks reported the me tier to the police.
From his description of the man and his
method of operating the detective i'm
mediateiy concluded that Wattell was
the culprit He kept his eye opened, and
when he met him on the street yester-
day morning placed him under arrest.
In the afternoon Wattell was arraigned
before Justice Morrison and wanted to
plead guilty and get a fioater at once
so that he could leave town. He was
allowed to enter the plea, but won't
get the fioater. The case was set for this
afternoon for hearing, when the evil
dence for the prosecution will be sub
mitted
Just after the prisoner had been sent
back to his cell lady appeared in the
courtroom and desired to enter another
complaint on the same charge. She was
Mrs. A. II. Pinkham. whose husband
runs a shoe shop at $50 West Sixth
street. On Thursday evening Wattell
came into the shop. told the regulation
tale of woe to her husband and from him
got so cents on another of the brass
rings which he. as usual. pulled off his
finger. Mrs. Pinkham was not desirous
of prosecuting the fellow. but thought
his career of swindling should be cut
short. ..--,s .....
In his own defense Wattell admitted
getting the so cents from Mr.. Parks,
but said he did not think he had told
Parks the ring was solid gold. He
might have told him 1t was gold-but
not solid. The defendant seemed anx-
ious to receive sentence and get away,
being considerably disappointed when
he was remanded to Jail It is probable
that Wattell's former record will 60
against him. and that he will receive n
sentence which will cause him to avoid
future ODeratiOrs of the kind
The herald., 1896-10-10
PERSONALS

L. NJ. Arnold and wife are down from
San Francisco for short visit and are
registered at the Ramona.
Milan Ray of the Eastman Kodak
company of Rochester, N. Y, Is in the
city and is stopping at the Romona
w. L. Stockwell, senior member of the
arm OF Stockwell & Sons iron works of
Columbus, Ohio, is guest of the Hotel
Ramona
Adjutant-General A. W. Barrett is in
the city. General Barrett is accompa-
MED by his wife and will remain until
after the races.
Mr.. Charles N. Crittenton, the evangel-
list, is stopping with Dr. and Mrs Sher-
wood-Dunn. 666 West Adams street, dur
ing his stay in the city.
Rev. Fred v. Fisher and his mother
left last evening for San Jose, where
Mr.. Fisher will fill the place of pastor
Ht- the Centella church. They will be
: missed by large circle of friends in
this city and also at Hollywood, Mr.
Fishers last charge.
The herald., 1896-10-10
IN THE POLICE COURTS
Little Business Transacted by the City
IusticeS

Little Business Transacted by the City
Justices
Little was done in the police courts
yesterday, and the cases that were
heard were all of petty nature.
Louis Hardin and Charles Stevens,
vagrants captured by Sergeant Nc
Keag of the East Side station, sleeping
under q brush heap in the river bottom,
got floaters of thirty days each to get
out Of town on. When arrested they
had in their possession fine piano
cover and a razor, which are supposed
to have been stolen, but as no owner
could be found for the articles the men
were allowed to go with warning Ia
make themselves scarce.
Time for pleading in the case OF
John Brown, or 'Scotty," as he is
known, who grabbed a challenge list al
the Republican primaries few days
ago and made off with 1t, was continued
on motion, until the 18th. The defend.
ant is charged with disturbing the
peace.
Ben Franklin, a negro, accused by his
wife of disturbing the peace at Com
mercial and Alameda streets Tuesday
night, was dismissed from custody. His
attorney filed demurrer to the COM
plant, which was sustained, leave be.
ing given to the district attorney to file
The herald., 1896-10-10
COURT NOTES.

It is expected that Judge Clark will
return to the city on Monday.
In the suit of H. ]. Woollacott against
w. A. Spooner ct al. judgment was Civ
en- yesterday by Judge Van Dyke tc
the plaintiff for S222.10.
In the suit of Ashley VS.. Rice wherein
1t was sought to recover $40 for certain
plans drawn by Lawrence Walk. Judge
Shaw yesterday gave Judgment in favor
of Mr.. George Rice, the defendant.
Senator Stephen NJ. White moved tq
set aside the Information charging DIR.
A. s. Shorb with murder yesterday in
department one. The grounds were
purely statutory, and the matter was
taken under advisement.
Rosie Plantre was brought before
Judge Smith yesterday, charged with
being an incorriglble. She is II years of
age, and has been in the habit of run
ming away from home. She was or
dered committed to Whittier.
In the suit Of l.. F. Henderson vs.. W.
Fl. CHM. case on appeal from the Jus
tees court, Judge York yesterday gave
judgment for S100 and costs to plaintiff.
The suit was brought to recover s299
from CHM who, as foreman over Fen
derson took it upon himself to thrash
his subordinate.
In the suit of S. c. Hubbcll ct al. VS..
the City of Los Angeles, brought to en-
join the city from opening Sixth street
under the assessment map of the coun-
Gil, Judge Van Dyke has sustained the
motion for non-suit. The assessments
will now have to be paid and the work
Of opening UP the street will proceed.
Charles w. Blake, the long-suffering
clerk in department No. two, after hav-
ing been continuously at work, minus
any holidays, for six years, has gone
on a strike. He leaves for San Fran
cisco this morning, and will be absent
for one week. While north he will at
tend the meeting of the grand lodge of
California, r. and A. M, and be present
at the lavirr of the corner stone of the
Masonic home
The herald., 1896-10-10
ANGELES HERALD. MORNING.

and with good reason, that a previous
demand IL not q condition precedent te
the right to sue trustee for an account
ing; but that, ol the contrary, such a
Hill VIII be entertained without pre-
vlous demand, and the only effect Of the
failure to make demand VIII be that the
plaintiff will be required to pay the costs
Of the action IL - does not appear that he
had reasonable cause to believe that
he could not get proper accounting
without appealing to a court of equity.
(Jones vs.. Petaluma, 36 CAL, 232; Gray
VS.. Dougherty, 25 CAL, 266-2S2.)
"The demurrer to the complaint will
be Overrruled."
The herald., 1896-10-10
BOLE'S NEW DIRECTORY.

"Bole's Railroad and Steamship Ca
zetteer of California and Business d.
rectory of Los Angeles" is a worthy
and reliable publication and deserves
liberal patronage. For the business
and professional man and public gen.
orally this work will be found indisper-
sable, as 1t is published monthly and
all changes among business men, rail-
road time tables and rates are brought
up to date. Preparations are now be-
ing made for the second edition, and
Notwithstanding the first number is
scarcely thirty days old. the publisher
today showed US that over 300 changes
had been found and the census is not
vet cOmpleted
The herald., 1896-10-10
SHE GOT DAMAGES.
A Small Sum Paid as the Cost of HUI
mantLife

In the c4se OF Sarah J.. Kirk. who re-
Gently brought suit against the Los An
geles Railway company and obtained
judgment for the loss Of her husband,
who was thrown off car by Conductor
Nichols, a settlement was reached yes
terday.
The parties came into Judge York's
department and by stipulation a judg-
'ment for $3.50 was entered up for plain
tiff. She had to pay her own costs.
The herald., 1896-10-10
A RECEIVERS DUTY.
Judge Shaw Gives an Opinion on q Point
Raised by Demurrer.

In the suit Of the Briswalter Land and
Water company vs. w. o. Dow ct al, an
opinion was given by, Judge Shaw yes
terday. The court holds that the COM
plant sets forth good cause Of action
for an accounting from GIBSON, as trus-
tee, and that the other defendants are
proper, II not necessary. parties to the
action. ~, 2l
1T is true" says. the court, mo pre-
vious demand for IN accounting II e1r
legged. but the authorities seem to hsld,
The herald., 1896-10-10
A CRUEL ITALIAN.
Pitochelli Brought to Task for Threat
ening His Wife.

Lorenzo Pitochelli, an italian who Is
charged with having threatened to kill
his wife, Carmen Pitochelli. was
brought into the township court yester-
day to give bonds in $500 to appear at his
examination.
The defendant was fortunate enough
to marry a woman who possessed
among other property, forty acres OF
good land at San Juan. He made away
with the best part of the property, ano
then began to maltreat his wife and the
eldest child q girl about IL years of age
The wife filed her divorce suit shorj
time ago. and since then Pitochelli has
been more cruel than ever, and has
threatened to make away with his wife
The herald., 1896-10-10
RAILROAD NOTES

J. Charlton, general passenger agent
of the Chicago and Alton railroad, ar
rived in the city yesterday. He is Wis
iting Pacific coast agencies.
The winter service of the Santa Fe
limited trains will begin in November,
the first to start from Chicago on the
4th and from Los Angeles on the 9Th.
Eckert Skinner, agent for the Jud-
son excursions. has returned from va
cation trip in the east.
The herald., 1896-10-10

an amended complaint If he desired.
The cases Of Charles Miller and Au-
gust Courtney, who sold liquor on SUM-
day to police Officer Fowler, were heard
as far as the evidence for the prosecu-
ton is concerned Today at 2 o'clock
the testimony for the defense will be
put in and a decision arrived at.
Sy Chook, a Chinese lottery ticket
seller, pleaded guilty to the charge and
paid $40 fine. Aldagracia Melendrez,
convicted of disturbing the peace last
Sunday night on New High street, was
given a ninety-day floater and released.
The herald., 1896-10-10
A GOLDEN RULE.

Always have bottle of Tip Top Cough
Syrup in the house. The time to cure
a cough or cold is right at the beginning
A few doses of Tip Top has prevented
many cold from developing. 1t is a
good safeguard to have on hand. Price
so cents. All druggists. Sc.
The herald., 1896-10-10
NEW SUITS FILED.

Clara B. Carpenter VS.. w. H. Goucher
"A suit to revive a judgment obtained
in October, 1891 for $780, 26.
Catherine l.. Gwynne VS.. Charles A.
Houser ct ala suit to recover S70O,
attorneys fees and costs, on foreclosure
Of mortgage.
The herald., 1896-10-10

The Celebrated John WieIsnd Lager Beer
Try 1t. On draught at all principal sa-
Icons. Family trade solicited. ADLOFF
s. HAUERWAAS, sole agents, $40 N. Main
Tel. Main 468
The herald., 1896-10-10

Our Home Brew
Maier & Zobeleins lager. fresh from their
brewery. on draught In all the principal
saloons: delivered promptly in bottle or
kegs. Office and brewery, 40 Also street:
telephone 81.
The herald., 1896-10-10

Only official National Silver button, IL
cents. 301 South Broadway.
The herald., 1896-10-10

Hawley, King & Co., cor. Fifth st. and
Broadway. agents genuine Columbus Buggy
company buggies and bicycles.
The herald., 1896-10-10

New sewing machine for rent, 50 per
month. 427 S. Broadway. Telephone 141s
Main.
The herald., 1896-10-10

Hanniman Fish Co., San Pedro
Fresh fish and Holsters shipped direct to
all points in Arizona. Texas and Mexico,
from cannery in San Pedro. at loves:
wholesale prices.
The herald., 1896-10-10

Largest variety Concord business wagons
and top delivery wagons. Hawley. King q
Co.
The herald., 1896-10-10

Call tel. 243 for ambulance. Kregelo
& Bresee. Sixth and Broadway.
The herald., 1896-10-10
.JOTTINGS

My prices for wallpaper beat all the city
A. A. Eckstrom. 324 South Spring street.
The herald., 1896-10-10

Everything on wheels. Hawley. King 4
Co., cor. Fifth street and Broadway.
The herald., 1896-10-10

"Ice Cream and Ices"
Dollar per gallon. Hicks. 206 8. Broadway.
The herald., 1896-10-10

xices from South Africa report that
sotye; 6chreiner and her new husband
~ hying in poverty in Kimberley.
The herald., 1896-10-10
MARRIAGE LICENSES.

The following licenses were issued
yesterday from the office of the county
clerk: /.
Joseph H. Scecchitano, a native of
Louisiana, aged 25 years, and Gertrude
b. Lindsey. native Of Kansas, aged
II years, both residents of Los Angeles.
Robert e. Reid, native of Ohio, aged
rs years. and resident of Pasadena,
md Mrs. L. E. Walton, a native of Ohio,
aged 2S years, and a resident of Los An
geles.
w. wayman Watts, native of Mis-
a6urt aged 26 years, and Magdalena
kthein. a native of Tennessee, aged 1S
yAars, both residents of Los Angeles.
Cyrus Cary. native of Ohio, aged 60
years and Sarah Brown, a native of
Germany, aged 4S years, both residents
:Qf Los Angeles.
The herald., 1896-10-10

1Ss6-1s lbs. Keatings-'365 days ahead Of
them ALL" Hawley. King q Co.
The herald., 1896-10-10

s Wedding invitations or announcements
311f1ief printed or engraved, fine duality
194noona6le I'm price. H. M. Lee & Bro.
IN N Spring st.
The herald., 1896-10-10
.Eeziniun 4snperaturs. 30.
Mmtnun tsmpsraturs. ~

HonHcAor .-For Southern California; oener.
nv nm ~ Gseurday; cooler in the east portion; |;
EGSS WaGSsFlY winds, northeriy In the Interior
The herald., 1896-10-10

& r;'pssSsF sSSssls lsssses's sss'as. :sssssa :.ss:.
The herald., 1896-10-10
r os ANGELES SAVINGS BANK.
40 N. Main st.

!, z. Pleter, Pres. H. W. Hellman. v. Pres.
W. n. Cagwell. Cashier:
DirectorS-I. w. Hellman, J. b. Platter.
r. y: Hsllmsn. !. W. He'iman. 'r'' w.
infsrsss paad on deposits. Money to loan
The herald., 1896-10-10

POLITICAL ANNOUNCEMENTS
M. e. c. MUNDAY.
Candidate for Judge of the superior court
Los Angeles county: nominee Democratic
and Peoples parties.
Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1896-10-02
Decisions Judiciaires Con
cArnant les JOurnauX.

49, OOxxACk1xV xV0 VV03A11eONAA t2
10 Toute personne qui retire re-
guliArement son journal du bureau
de poste, qu'elle ait souscrit on
non, que &c journal soft adresse q
son nom on 4 celui dun autre est
responsible du Placement.
20 Toute personne qui renvoi IN
Journal est tenue de payer tous
les AVERAGES qu'elle dot sur abon-
nement, autrement r6diteur peut
contlnuer 4 Ie lu1 envoyer jusqu'A
GO quill cit Pave. Dams ce cas-
|rabonn6 eat tenu de donner en- ou-
TIE, le prix de Pabono sment JUS
qu' al moment du paien. nj, quill
ait retire on non le journal du bu-
reau de poste.
30 Tout abonn6 peute tre pour
.suivi pour Announcement dams le dis
trict Oh le Journal se public: lors
meme quill demeurerait 3 dos cen.
taiines de lieues de Get endroit.
40 Les tribunaux ont decide
que le fait de refuser de retirer IN
Journal du bureau de poste, on de
changer de residence ct de laisser
accumuler les num6ros 3 l'aLcienne
adresse constitue une presumption
etsune preuve .prima facle' dim
tention de haude.