davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-11-09
"POKER" DAVIS AGAIN
William Feathers Relieved of $3.50 at
Little Game

E. c. Davis-known to the ungodly
manipulators of what have been termed
"the devils pasteboards" as Poker"
Davis-with Jim Burk and John Feath-
er, are again in trouble.
Yesterday the leader of the trio was
arraigned in the township court before
Justice Young on the complaint of one
of his latest victims, who objected to
being fleeced, William Feathers of San
Fernando, who was relieved of $3.50, as he
alleges, by "tricks and devices by use of
cards, the exact kind and description
being unknown to him, but as a matter
Of fact Mr.. Feathers little wad changed
hands over a quiet little game of poker
Davis did not appear much disturbed
at the turn affairs had taken, and, in
deed, mildly chaffed Assistant District
Attorney Williams by saying that it
probably was not him that was wanted
at all, but another fellow like him with
whiskers. He asked the court to allow
him sufficient time to get ihs evidence to-
ether, and was content that his eXamin-
alton should be set for Saturday morn
ing. His bond was fixed at $1,000 and j.
c. Thomas and j. Fl. Anderson, pro-
prietors of the Eintracht saloon, went
upon the bond as sureties.
The herald., 1897-11-09
OF VARIABLE VALUE
A Nugget Pin That Figures in the
Hoffman Case

William Hoffman, who, with one
Gilbert Young, was concerned in break
ing into the Eagle stables, on Broadway,
on August 9th, and after maltreating
Tom Latter, one of the employees who
was acting as watchman, robbed him of
certain valuables, was brought to trial
yesterday before Judge Smith and a
jury.
The evidence went to show that the
watchman was robbed of three S. gold
pieces, s1.35 in silver and a gold nugget
pin valued at Sc, but which Latter, after
the robbery, was willing to buy back for
$40, and which he swore yesterday was
worth only s4
Young, who is a co defendant, in Civ
ing his testimony yesterday, denied hav-
ing been in any way implicated in the
robbery. He stated that he had gone
to his room on Broadway, adjacent to
the stables where he worked, and was
reused out by Hoffman, who had money
to burn, and wanted him to come down
and have good time. Young refused
on the plea that he had no money TO
spend, and then Hoffman loaned him a
dollar, and both together went about
town, drinking. Under the cross-ex-
animation of Attorney J. D. Fredericks,
counsel for the defense, Young enlarged
upon his story in such manner as to
make it appear that he was a much in
jured individual-that is, if his story is
to be believed.
The further hearing Of the case will
be continued today.
The herald., 1897-11-09
East Side News

The funeral services of Carl r. Dively
were largely attended yesterday after
noon at Divine chapel on Lacy street,
Rev. r. Dodd conducting the services.
Many beautiful floral offerings were
contributed. The remains were inferred
at Evergreen cemetery
Mr.. and Mrs. f. D. Learned of 1219
Pasadena avenue entertained number
of relatives at dinner last Saturday
evening in honor of Miss L. V. Learned )
birthday anniversary. The rooms were
decorated with smilaX chrysanthemums
and roses.
Mrs. Z. J. Guirado has been quite Ill
for several weeks at her home on Haw-
kins street.
r. Dows is at home for few weeks
from his mine at Piru.
Mrs. Geddings and daughter of San
Francisco are the guests of Mrs. L. E.
Vetter of 1856 Downey avenue.
Mrs Ella Robertson of Grandin street
was called very suddenly to Oakland
yesterday by the illness Of her son.
Miss Ada Miles is at home again after
a pleasant visit in Pomona with friends
The herald., 1897-11-09
estates amounted to a very nice

liable estates amounted to q very nice
little sum.
In the case of Louis Fatjo and Mariana
Fatjo Roco, executors, against Henry
A. Pfister, at San Jose, the validity of
this additional charge was contested. A
demand had been made for $240, which
was not paid, but a writ Of mandate was
sued out to compel the administration
Of the estate minus the additional
charges. The case came up before the
supreme court and it was there held that
the law passed in 1895 was unconstitu-
tional in that it violated several sections
of the constitution, and was an attempt
to levy a property tax under guise of
regulating court fees.
This is all very satisfactory, but in
the interim fees have been paid. estates
administered upon, executors discharged
and estates distributed. BY a reversal
of the law there are amounts now in the
county treasury that ought to be re-
funded, but to whom-that Is the Ques-
ton. Where an estate has not been
closed it is thought that the court may
direct the clerk of the court to return
any fees of the kind alluded to back to
the estate from which it was paid; but
where an estate has been closed the
case is somewhat different. The exec
utor may lay claim to return of the
excess fees, and upon being paid may be
by the heirs to the estate who
may also lay claim to this refund money.
At present it is trifle obscure how
such cases will be dealt with. Meantime
several claims for return of these fees
have been filed with the board of super
visors, including, among others, a claim
of $3.50 paid in the estate of John Wilson.
The herald., 1897-11-09
ON LAND CONTRACTS
The Southern Pacific Must Refund
Where Title Is Defective

In the two suits of Emil Deutsch and
Henry Elms against the Southern Pa
cific company, Judge Allen yesterday
ordered findings and judgment in each
of the cases for the amount prayed for.
Both of these actions were brought
to recover moneys paid in pursuance
Of contracts by which the railroad COM
pany agreed to sell certain land to the
plaintiff, the payments to be made at
stipulated dates. The land was claimed
by the company to be part of a grant to
it by congress, for which patent had not
been issued, and due diligence to pro-
cure patents was promised in order that
deeds to the property could be made.
The company disclaimed any guaranty
of title, however, but stipulated that,
failing to obtain patent, any payments
made upon the lands would be refunded.
The plaintiffs contended that it had
been determined that patents should not
issue to the lands, and for this reason
demanded a return of $SS2.2O in the
case of Deutch, and S710.40 in the case
of Elns, the moneys they had paid to
the railroad company: The defendant
company, ON the other hand, denied that
the matter lad been determined, and
preme court of the United States,
brought by the United States against
plaintiffs and defendant to quiet title to
the lands in question. Furthermore,
the statute of limitations was invoked.
Judge Allen has held that with regard
to granting a patent to the land, the
matter was determined, and adversely
to defendants, by the supreme court of
the United States in 1893. AS the rail-
road company had no right in the lands,
and had no interest in them, as deter
mined by the court, it would be an idle
procedure to tender possession of a thing
to which it was not entitled. "The pay
ment of the balance of the purchase
money under these contracts" says the
court, "would have given the plaintiffs
no additional rights. except to have in
creased the amount which defendant
could hold without interest, to be the
subject Of future litigation The ques-
tion involved in the statute of limita-
tions was also decided adversely to the
defendant,
The herald., 1897-11-09

aged 26 years, and Sophie Jacobs, a ma
tive Of Minnesota, aged IS years, both
residents of Los Angeles.
Sylvester Bracken, a native Of I'LL
nois, aged SS years, and a resident of Chi
cago, ILL.,, and Jessie Allen, q native o
Pennsylvania. aged 2s years, and resi-
dent OF Pasadena.
George Boyes, a native OF Scotland
aged q years, and Mary A. Weigle, a
native of Michigan, aged % years, both
residents of Pomona.
Ernest Jesch, a native Of Germany,
aged q years, and Ida Rapp, a native OF
Connecticut, aged 90 years, both resi-
dents of Los Angeles.
Walter Theodore Neitz, a native of Or
egon, aged Is years, and Emma Barnes
a native of Pennsylvania, aged II years
both residents of Los Angeles.
The herald., 1897-11-09
Salvation Army Officers Here

The Salvation Army officers, Lieuten-
ant-Colonel William Evans of Philadel-
phia and Colonel E. I. Higgins of New
York, arrived yesterday. A large and
enthusiastic welcome meeting was
held in the evening at the barracks, on
South Spring street. Colonel Evans
comes to the coast to succeed Colonel
Keppel as chief divisional officer of
this section, which includes Utah, Ari-
zona, California and the Sandwich
islands.
Today from 10 to IL an officers council
will be held. after which Colonel Evans
leaves to visit the army at Santa Ana
and San Diego before proceeding north.
Colonel Higgins will leave Los Angeles
for Chicago today.
The herald., 1897-11-09
All Louie's Case Put on the
Calendar
NUGGET OF VARYING VALUE
SOUTHERN PACIFIC MUST RE-
FUND ON CONTRACTS
A Knotty Point in Cases Of Probate.
The Jewels Of Mrs. Emma Tolfree.
"Poker" Davis in Trouble

The jurisdictional suit of All Louie
against Justice Madison ]. Owens was
called UP in department two yesterday
by Horace Appel attorney for the plain
tiff.
The article that appeared in these col
umns anent this curious case in the issue
of Sunday caused much comment, and
interest is being manifested as to the
final outcome. Meantime, however,
Judge Clark ordered the case to be put
on the calendar for next Monday. to be
then reset.
AS illustrative of the tangle in which
the city courts are likely to be involved,
in the event of the plaintiffs obtaining a
Judgment, it was contended yesterday
by certain of the attorneys engaged in
discussing the merits of the case that
q state of chaos would result.
So soon as official declaration was made
of the census taken of the population OF
Los Angeles city, then and there the city
had passed out of it's previous class and
the jurisdiction Of the city justices dis
appeared. From that time on, it is
urged, they have usurped their office,
and they, with all other attaches OF the
city courts, have been drawing salaries
to which they are not entitled and which
they can be made to refund. But that
is the least important phase Of the mat
ter. Inasmuch as the justices were ex-
ercising authority without warrant Of
law every judgment and sentence rem
dered is illegal, void and without effect.
Criminals under sentence in the city
Jail, fines inflicted after being paid and
deposited in the city treasury, as well as
judgments rendered in civil cases, will
all be made nugatory, and regular
carnival of legal discord will ensue If the
heather Chinee proves in open court
that, at least in the city justice business
the Caucasian is in very truth played
out. Prisoners would have to be re-
leased, either voluntarily on the part of
the authorities or just as speedily, per-
haps, by the habeas corpus route; civil
suits would have to be reheard, and for
the money lost and time expended by
litigants somebody would have to foot
the bill.
All of this is not pleasant to contem-
plate either by the city justices, who are
most closely concerned, or by the public
who are likely to suffer by reason Of the
imbroglio. Then, too, if by an odd
chance the judges of the superior court,
sitting in banc, should hold that the CEN
sus taken by legislative direction did
not decide the city's classification, there
is still another point that will be raised
that is depended upon to give the qui-
etus to the city courts. For long time
and in many quarters, in an unofficial
way, it had been argued that certain
portions of the whitney act" are clear
ly unconstitutional. This applies par
ticularly to the creating of city courts
for in this respect that law is not based
on the classification Of cities as required
by the constitution.
The herald., 1897-11-09
BACK FROM MEXICO
Mercantile Representative Not En-
thusiastic Over Trade Prospects

The representative of the Los An
geles houses, Mr.. Sattley, who went
down to Mexico on the steamer Albion
some few weeks since in the interest Of
trade between this city and Mexican
points, returned Sunday night.
He reports the arrival of the steamer
Albion at Ensenada and that all on board
are we'll. 1t was undecided whether the
Albion would come to San Pedro. so
Mr.. Sattley came from Ensenada to San
Diego on sailing schooner and by rail
to Los Angeles. He reports an inter-
esting trip, but says it will take consid-
cradle time and very careful work to
get a strong foothold, besides the most
favorable conditions must exist regard
ing transportation facilities.
At present the coast line has no sched-
ule time and unless sufficient freight can
be assured from this city it is extremely
doubtful about calling at San Pedro.
The herald., 1897-11-09
A LUCKY DEFENDANT
Who Escapes the States Prison by
the Mistake of One Letter

About week ago Attorneys Chapel
and Syvertson had the information in
the case of Earl Riddle, charged with
grand larceny in having stolen a bicycle
from shop at Whittier on September
29th, set aside on rather odd conten-
ton.
The complaint upon which Riddle was
originally examined at Whittier before
Justice Owen set forth that the bicycle,
alleged to have been stolen, was "of the
value of 'silty'-five dollars or there
abouts," and counsel contend
ed that the meaning of such
language was SO obscure as to be in
The herald., 1897-11-09
Academy of Sciences

Prof. ]. ]. Montgomery will lecture
before the Southern California Academy
of Sciences this evening, his subject be-
ing '"The Mechanics Involved in Bird S
Wing in Soaring. and Their Relations
to Aeronautics."
The astronomical section of the acad-
emy will visit Mount Lowe observatory
next Saturday night, to study the sur
face of the moon through the mammoth
telescope, and to observe the Leonide
meteoric shower.
The directors Of the academy will
visit the high school laboratory this
afternoon in response to an invitation
from Professor Foshay to inspect the
new biological apparatus.
The herald., 1897-11-09

comprehensive. The information was
knocked out all right, and Riddle was
remanded for another preliminary ex-
animation.
Yesterday he was again brought up at
Whittier before Justice Owens, and after
listening to the representations of the
defendants attorney, r. Newell Chapel,
the court permitted Riddle to plead
guilty to the minor charge of petit lar
ceny and sentenced him to thirty days
in JAIL Inasmuch as Riddle has a rather
bad record, if his attorneys had not been
shrewd enough to have the information
in the superior court set aside it is very
probable that for the grand larceny, with
a previous record, he would have got a
sentence of six or eight years in the
states penitentiary.
The herald., 1897-11-09
Court Notes

John Woodruff, charged with grand
larceny, yesterday pleaded not guilty
in Department one and had his case set
for January 3rd.
An order was yesterday made in the
district court by Judge Wellborn for the
summoning of United States grand
jury. Fifty names were ordered drawn,
and the order was made returnable on
November 10Th.
The herald., 1897-11-09
COURT CALENDAR
Cases to Be Called in the Departments
Today

DEPARTMENT ONE-Judge Smith.
Nothing set.
DEPARTMENT Two-Judge Clark.
(2S090) Burbridge VS.. Lemmert.
On. P. 1882 Chas. A. Steele.
(5040 Agnes Mary Bennett ct al, minors
petition for order to invest money for
wards.
O433) Estate of L. Freeman; petition to
sell real estate.
(2022) Estate of NJ. o. Smith; petition to
sell real estate
(4S30) Estate of H. Chambers; final ac-
count and distribution.
(224D Estate of ]. A. Bell: probate of will
(27e5) Estate of D. r. Benitez; final ac-
count and distribution
l293) Estate of NJ. Mason: distribution.
Q4l0 Estate of j. Wilson; annual ac-
count.
(2049) Estate of j. Lobingier: final ac-
count and distribution.
(2270) Estate of ]. A. Delude; probate of
will.
(2272) Estate of J. o. Hoff; letters.
t2l63) Estate of NJ. c. Dunkelberg; final
decree.
(2255) Estate of NJ. c. Mckenzie; letters.
(2229) Estate of j. G. Lane; confirma ton
of sale of real estate.
Q92) Estate of P. Beaudry; confirma-
ton of sale of real estate.
DEPARTMENT THREE-Judge York.
(2S593) Babcock VS.. Los Angeles Traction
company.
(29413) In re application of African NJ. E.
church: petition to sell.
DEPARTMENT FOUR-Judge Van Dyke.
(2s563) Lassell VS.. Campbell.
DEPARTMENT FIVE-Judge Shaw.
(2726O) German-American Savings bank
VS.. Redondo Railway company.
DEPARTMENT SIX-Judge Allen.
(2S0s7) Ross VS.. Turner.
TOWNSHIP COURT-Justice Young
Comadi VS.. Barnwell; supplemental pro-
ceedings; a p. m.
Mitchell vs. City of Los Angeles; trial;
$3.50 a. m.
Wyiie VS.. Seymour: trial; 1890 a. m.
The herald., 1897-11-09
To Be Called Tomorrow

DEPARTMENT ONE-Judge Smith.
(24l6) Chas. Harrison; assault to murder;
trial.
DEPARTMENT TWO-Judge Clark.
Nothing set.
DEPARTMENT THREE-Judge York
Nothing set
DEPARTMENT FOUR-Judge Van Dyke.
(27556) Scott VS.. Winch.
(27539) Golden Cross M. & M. Co. VS..
Spiers ct al
DEPARTMENT FIVE-Judge Shaw.
(27260 Healy VS.. Redondo Railway COM
pany
DEPARTMENT SIX-Judge Allen.
(27525) Andreolli VS.. OReilley; trial.
(27S9O Eads VS.. Kissler.
TOWNSHIP COURT-Justice Young.
Cooley VS.. Cummings ct al: trial: $3.50 a. m
People vs.. Thrasher; misdemeanor; 1:3C
p. m.
Iabbarch VS.. Parker; trial: 1870 p. m.
Dawson VS.. Croswell; demurrer; 1870
p. m.
The herald., 1897-11-09
Sayer-Walters

Among the weddings which occurred
last week was very pleasant early
morning marriage, November 2, at the
residence of Mr.. and Mrs. ]. M. Walters,
544 South Hope street. The contracting
parties were the Hon. Dade Dayton
Sayer of Chickasha, Indian territory,
and Miss Florence Rosalthe Walters. a
native of Parkersburg, w. Va. The Rev.
John Gray of st. Paul's Episcopal
church officiated. The newlywedded
couple departed via the Santa Fe for
their new home at Chickasha.
The herald., 1897-11-09
BAIL NOT REDUCED
And Blackman Will Have to Remain
in Jail

Attorney F. Finlayson appeared in de-
partment one yesterday morning and
moved the court that the bail of w. R.
Blackman. charged with embezzlement,
be reduced from $4,000.
Counsel, in arguing on his motion,
made the point that at the preliminary
examination the evidence only went to
show that there was only shortage of
$1753 on the books of the Los Angeles
Electric company. The court was OBJ
durate and stated that even if the
amount of shortage was as stated, in
stead of $4,000, as charged in the COM
plant, the sum of $4,000 was reasonable
bond. The motion was denied.
The herald., 1897-11-09
A KNOTTY POINT
Money for Someone but Uncertainey
As to Whom

In 1895 the legislature passed an act
which in operation bore rather hardly
upon the heirs to an estate. This new
law made it necessary that in the case
of estates being dealt with by the pro-
bate court the clerk should be paid, in
addition to the ordinary clerks fees,
81 for every $1,000 of the estates value in
excess of $4,000. This in the case Of val
The herald., 1897-11-09
Marriage Licenses

The following licenses issued yester-
day from the office of the County Clerk
John ]. Mattos, native Of the Azores
islands, aged 81 years, and Mrs. Fannie
Merrifield. a native of Missouri, aged
80 years, both residents of Cerritos.
Charles Wilson, native of England
The herald., 1897-11-09
N eW Suits

W. H. Kelly VS.. Porphyry Paving COM
pany-A suit to recover s411.65 for labor
performed at defendants quarry in
Sepulveda canyon and for board sup
piled at request of defendant, s1o0 for
attorneys fees, etc.
The estate of Herman Victorson, de-
ceased-The petition of Lizzie Victor
son. the widow, for letters of admins.
tration. The estate is valued at 5000.
The herald., 1897-11-09

ons and top delivery wagons. Hawley
King & Co.
The herald., 1897-11-09
Our Home br.W

Muier !: Zobeleins lager. fresh from their
brewery. on draught in all the principal
saloons: delivered promptly in bottles o.
kegs. ONCE and brewery. 40 Also street:
telephone 81
The herald., 1897-11-09
Free Holiday Gift Until Dec. sbth

With each SOC sale, enamelled stick pin.
With each $1.0O sale, silver hat pin.
With each $3.50 sale, silver toilet article
With each $500 sale, silver souv'r spoon.
S. D. Bailey, jeweler and optician, 80
South Broadway.
The herald., 1897-11-09
Useful Books

What wonderful guides and COUNSEL
ors books are"
yes; especially bank books. DE
troit Free Press.
The herald., 1897-11-09

Hawley, King & Co. .,cor.5th st. and Bwy.
agents genuine Columbus Buggy compan,
bugg!es and Victor bicycles.
The herald., 1897-11-09
DEA TITS

Everything on wheels Hawley. Klne
& Co.. cor. Fifth street and Broadway
The herald., 1897-11-09
IOTTINGS

All prices of wall paper greatly reduced
A. A. Eckstrom, S24 South Spring street.
The herald., 1897-11-09

Agents Victor. Heating. Wcrld and
March bicycles. Hawley. King & Co.
The herald., 1897-11-09

KEARNS-In this city, November 8, 1897
George A. Kearns, native of England
aged "a years.
Funeral from parlors of Kregelo &
Bresee, Broadway and Sixth street, to-
morrow at 10 a. m. Friends invited.
NJ M'MILLIAN-In this city, November Z, 1897
Frank Mcmillan, aged 65 years.
Funeral from parlors Of Kregelo &
Bresee, Broadway and Sixth street
Wednesday at p. m. Friends invited.
The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1897-03-11

There was wonderfully heavy rain.
fall here on Thursday night last. The
creeks were higher Friday than they had
ever been before in the memory of our
citizens. Clear Greek was river, cover.
ing the fields from hill to hill. The
pumping station of the water works was
surrounded by water. But the cement.
ed walls and cellar floor kept out the
flood, which had not quite reached the
elevated floor of the building. This ter
rife rainfall seems to have been general
over the southern part of the State. The
railroads never before had so many and
such serious washouts. Communication
was cut off east and west. Cincinnati,
Columbus and Chillicothe were alike
unattainable. The B. & o. s. w. had a
very serious washout just beyond the
bridge at Loveland, besi des suffering the
loss of several small bridges and culverts.
The @. P. & V. was equally unfortunte
beyond Batavia. Every little rivulet was
roaring torrent filled with wrath and
bent on destruction. The Cincinnati
Weather Station reported rain fall ol
about four inches in eighteen hours
Hillsboro mails were cut off till Monday
morning.
The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1897-03-11
The Kansas Plan.

Something good can come out Of Kan .
sas after all. The legislature Of that
state has an idea on the convict labor
problem, which, while it may have it's
objections, certainly possesses merit. A
bill is now under consideration to divide
the convicts into classes and to put all
to work without bringing them into com.
petition with free labor. One class is to
be employed in digging irrigation bitches
another is to raise farm products for the
various state institutions a third class
will be used in building roads, while the
more vicious will be employed within
prison walls in breaking stone to be used
in building state macadamised roads.
The plan of using convicts in road
building has been urged by The Blade
for many years, and it now believes that
carried into practice it would 60 far to.
wards solving the convict labor problem.
The idea of the Kansas legislature to
keep the vicious and more hardened
criminals within prison walls, where
they can be guarded at less expense, is a
good one and worthy of emulation. The
Kansas plan has merit in t.-Portsmout
Blade