The herald., 1896-12-29
HIS FIRST AND ONLY CRIME
j. T. Faulk in Jail Charged
With Forgery
| Ne Makes / CLEAN CONFESSION
Led Astfay by Companions Who
Robbed Him
| Contested WILL OFR.C.BELL
A CoIored Brother Threatens the Peace
Of q Church
Cleaning Up Day Ia the Several Crfmi.
saI Courts
n,,vho vlr Arror%ad far
CONTESTED WILL OFR.C.BELL
A CoIored Brother Threatens the Peace
Of q Church
Cleaning Up Day Ia the Several Crfml.
aaI Courts
Tramps at Burbank Arrested for Grand
Larceny-Behrenat, the Main Street
Shoemaker, Charged With En-
Observation-Disclosures Granted.

observation-disclosures GRANTED.
A young man. who belongs to good
family in South Carolina, has fallen
| from grace and is now in the county Jail
awaiting the arrival Of the Sheriff Of
Abilene county, Texas.
It is Just about ten days ago that
Sheriff Burr received letter from the
| sheriff of Abilene county, requesting
him to keep a look out for a young fell
low named J. T. Faulk who had forged
check for $780, and with two compan-
ions was supposed to have gone to CAL
ifornia. He was also requested to make
inquiry at the various banks in the event
Of any bogus paper having been passed
| upon them. Local inquiry failed to re-
| veal any indications Of the presence Of
Faulk in this neighborhood. Very
! shortly afterward, however, Constable
Slanker of Pomona, after having seen
the description at the sheriff's office,
stated that he had seen Faux in North
Pomona only few hours before. When
the officers tried to find the young fellow
however, they failed, but did discover
that an order had been left at the post
office to forward Faulk's letters to the
general delivery at Los Angeles. On
Thursday Constable Slanker and Dep
uty Sheriff WoodwarZ.laid in wait at the
postoffice fop some one to come and
claim the mail matter lying there and
addressed to the man whom they desired
to arrest. But he failed to materialize,
and in the evening their vigil came to
an end when Deputy Sheriff Barnhill re-
lieved them. Sure enough young fell
low appeared at the window and de-
| manded the letters addressed to Faulk.
When Deputy Barnhill was about to
| make the arrest he was anticipated by
Detective Hawley who stepped forward
| and placed the supposed Faulk under
| arrest. The detectives presence was
accounted for by the chief of police hav-
ing been communicated with, as well as
the sheriff's department, and so far it
| seemed as If the detective had scored
| one against the sheriff's office. But the
young man, when taken to the police
| station, satisfied Detective Hawley that
he was not young Faux, and he was
permitted to depart.
Meantime Constable Slanker hit the
right trail and found that the real,
| Simon-pure had left on the eastern
train. By telegraphing ahead Faulk
was arrested at Indio and yesterday he
was lodged in the county Jail by Deputy
! White. 1t now appears as If Detective
| Hawley had not been altogether wise in
| letting the man he arrested at the post
| Office escape. He was one of Faulk's
| companions and having learned that
| the latter was expecting money from
home he determined to play false to his
| friend and get the money. 1t was he
| who ordered the postmaster at North
Pomona to send Faulks mail to Los
| Angeles, and before coming to the city
| to claim the money expected he stole
Faulk's valise.
To Sheriff Burr clean confession has
been made by Faulk, who is a young fell
| low, barely 21 years of age. He has stat
ed that his father is a wealthy resident
| of South Carolina, and while visiting in
| Texas he was induced to commit the
| first crime of his life by three young men
whose acquaintance he made on the
| train soon after leaving home. He does
not deny forging the check for $500, but
| claims he got but $25 of the amount. He
announces his intention of telling the
l
matter cam be settled by his father re-
paying the amount, well and good; but
if not, he is prepared to accept the pun
| ishment attached to the offenSe to which
| he pleads guilty.
z The material allegations of the sec.
| ond ground of contest consist Of allega-
tions that the will of June 1st were
| based upon valuable consideration, viz.
| the agreement to marry.
| "A III of the allegatiOnS.' saws the court
| with respect to the marriage of 1852
| divorce of 1878, and the nursing, etc.
| are immaterial, and serve only to illus
| trate the proclivity of pleasures in fram
ing complaints in contest to the probat t,
of wills to state evidence and to give
n detailed family history. 1t is urged tha
the will of June 1st, resting upon val
liable consideration, is an irrevocabl,
will and can be offered to defeat tn,
probate of any subsequent will though
such subsequent will be executed will
all the formalities that the law requires
and would otherwise be valid. This posi-
ton cannot be maintained While tn
term "irrevocable will'' is often use,
the term is inapt and tends but to con
fuse the law Of wills with the law o
contracts. Accurately speaking, there il
10 sucht hing as an "irrevocable will"
The court, after examining closely int,
the law bearing upon wills as distin
gulshed from contracts says: THE vic
of contestants position that the will o
June 1st cannot be revoked and mus
be admitted to probate because founde,
upon a valuable consideration, become
apparent when We consider the charac
ter of the transaction and the result
that would follow from such rule.
THE plaintiff agreed to and did MARI,
deceased in consideration of his agree
ment that she should have one-thir,
of his estate after death. With the othe
two-thirds she had no concern, and yet
if contestants contentiun should b
maintained, the deceased would be de
prived of his testamentary power owe
that portion of his estate as well. I
follows that / am of the opinion tha
contestant must seek her remedy in
court Of equity; that this court, Will
setting as court of probate. has n
power to enforce specific performance
or establish a constructive trust, an
that the demurrer to the second groun
CT contest must be sustained 1t may b
noticed that the will of June 1st wa
expressly revoked by the will of Jun
4th, and that the revocation Of the latte