davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-03-25
New Suits Filed

The following complaints in new suits
were filed in the superior court yester-
day:
A. NJ Osburn VS.. Harriet Lee ct ala
suit to amend mortgage and have 1t
pronounced lien against certain prop
erty.
w. j. Broderick VS.. Dalton Wheeler
ct ala suit to recover S2500 on note,
attorneys fees, costs and decree of sale
against lot 23 of the Kinney tract.
julian TroconiZ VS.. ]. w. Hellman ct
ALA suit to recover $59S.30 paid in sat-
is faction of judgment.
The estate of Sarah Breen, deceased
Petition of Fred F. Breen son, for
letter of administration. The estate is
valued at $115.
The estate of Johanna Sullivan. de-
ceasedt-The petition of Mary A. Sulli-
van for letters Of administration The
estate is valued at $2275.
Anna E Griffith VS.. j. NJ. Griffith Co.
A suit to recover s1050. interest due on
a note for $500, with costs
Anna E. Griffith VS.. ]. NJ. Griffith Co.
A suit to receiver s1050, alleged to be due
as dividends on thirty shares of the
stock of the defendant company.
C. J. Beers VS.. Thomas Wall-A suit
to recover $555 and costs. Plaintiff pur-
chased 1876 bicycles from defendant for
5000, and discovered they were worth
less than represented.
The herald., 1897-03-25
A MONETARY SALvE
Judgment for $500 Given for Mrs.
Rosa Birnbaum

Mrs. Rosa Birnbaum is to have Uon-
etary salve for the bruises she received
on Sunday. March l, 1896. if they are not
healed long ere this, to the extent of
$500. Judgment for this amount was or
dered yesterday by Judge Allen as
against the defendants, R. B. Morehead
and D. S. Hutchins.
The plaintiff claimed s2500 for being as
saulted upon the date mentioned. while
she and others were engaged in remov-
ing her effects from the store at 349
South Spring street. The evidence went
to show that a very pretty all-around
scrap must have taken place. A col
ored witness named Miller graphically
described a part of the assault COM
planned of, by saying that "Hutohins
gave Mrs. Birnbaum a terrible left
handed upper cut in the chest, that
knocked her out in the third round"
The defense claimed that Mrs. Birn-
baum was not injured at all and that
when pushed aside, she fell to the
ground, and that, as a matter of fact,
She inflicted more injury than she had
received
The herald., 1897-03-25
TOO MUCH MARRIED
Andrew Ybarra Accused of Deserving
His Wife and Children

Andrew S. Ybarra is apparently of a
pronouncedly affectionate nature. So
much so indeed that he has drifted into
trouble and the chances are that before
it is over he will be cursing the luck
that gave him such loving disposi-
ton.
About five years ago Ybarra entered
into a contract of marriage and has
had four children as offspring of the
union. Six weeks ago he conceived the
idea of renouncing connubial bliss as
represented by a wife and four children
and entering it again in much modi-
fled form. In other words he skipped
out and married Mary F. Castillon. Ac-
cording to the representations of Mrs.
Ybarra, No. 1, it is a simple case of
bigamy, and as she poured the story of
her woe into the sympathetic ear of Dep
uty District Attorney McComas, COM
plant was drawn, and a warrant issued
for the delinquent's arrest.
Ybarra was captured yesterday after
noon at Ballona by Constable Simmons
and at o'clock last evening landed in
the county jail.
The herald., 1897-03-25
o,KEEFE's EXAMINATION
Held for Trial on Two Charges of At
tempted Murder

Under $4,000 bonds in each case, Wm
O'Keefe was yesterday held by Justice
Owens to answer in the superior court
for assault with intent to murder DOC"
Anderson and Damian Gebhardt, in the
Elite saloon, on South Spring street,
about month ago.
O'Keefe, who has also gone under the
aliases of William knight and Charlie
Kieth, had had a drunken quarrel with
kid" Cunningham during the after
noon over money which O'Keefe wanted
to pay for some drinks O'Keefe tried
to get Cunningham to fight, and when he
refused kicked him. Bob Anderson, who
was standing by. stepped up and inter-
fered and got the Setter Of O'Keefe in
the row which followed. The latter
went out, secured a revolver, and re-
turned to the saloon for revenge. Dur
ing his absence both Cunningham and
Bob Anderson had gone away, but Hen
nv Anderson, a brother of Bob's, and
who had separated the pair, was stand
ing at the bar. O'Keefe began firing
almost as soon as he entered the place.
His first shot took effect in the back
of Gebhardt, a pickle peddler, who had
Just purchased cigar and stepped back
from the bar. Anderson started toward
him, and as O'Keefe attempted to shoot
again struck the gun down, the bullet
taking effect in his groin. Luckily, nei-
ther of the victims were seriously
wounded, and Anderson was able to
appear in court yesterday to testify
against his assailart. Seven witnesses
were called for the prosecution in the
first case that of attempting to kill An
derson. 1t was stipulated that the tes-
timony in this case should be consid-
cred as taken in that of Gebhardt.
O'Keefe offered no testimony in his own
behalf, and was promptly held to await
trial on both charges.
The herald., 1897-03-25
AN UNEXPECTED WILL
That Is Brought to Light From the
Vault of the Savings Bank

Charles D. Wright, well-known citi-
zen, died in the early part of the current
month, and shortly after Public Ad-
ministrator Kelsey filed a petition for
letters of administration. 1t was set
forth in the petition that the deceased
left a lot on South Olive street, on which
were four flats, valued at about $40, 600;
another lot in block B, Ord's survey, on
which were four flats, worth $4,000; a
lot in, block 63, Ord's survey, with a
house thereon worth $1,000. 1t was also
set forth that there was money belong
ing to the deceased in the Broadway
bank, the whole property being set down
as worth about $500
1t was given as the opinion of the pc
titioner that there were no heirs in this
state; that search and inquiry had been
made, and no will had been found, and
that Wright had died intestate.
But he hadn't. When the case was
called in the probate court yesterday A.
P. West, cashier Of the Columbia Saw
ings bank, appeared, bearing a safe de-
posit box, and upon being opened, there
were found in it will left by the de-
ceased and also one made by Mrs.
Wright who died previous to her hus-
band. The latter will was dated July
"a, 1879, and was very brief. She be-
queathed all her property 10 her nus
band.
The last testament of Mr.. Wright is
also brief in its terms, and was witnessed
by Matt e. Copeland and c. w. Burrls.
The first clause reads:
II give, bequeath and devise to my
wife, Ella L. Wright, all my personal and
real property of every kind and nature
wheresoever the same may be situated,
that 1 may die possessed of or entitled
to.
"Second-In the event of the death of
my said wife previous to my own, then
I give, bequeath and devise all of my
said property, personal and real of every
kind and nature, to the then heirs at law
of my said above mentioned wife, to the
same effect and purpose as il my said
wife had died possessed of said property
Immediately succeeding the death of my
SELF
His wife. Mrs. Ella Wright, is named
as executrix. Judge Clark dismissed the
petition for letters of administra tion, but
letters testamentary will now be issued
to whoever may represent the heirs at
law of Mrs. Wright.
The herald., 1897-03-25
Court Notes

The citation in the case Of Gibbs VS..
Gibbs was continued by Judge Allen
to April 23.
Jean Trebaol yesterday filed his pc
tition in insolvency with liabilities set
a $474 and assets nil.
In the suit of Livingston VS.. Livingston
Judge Allen yesterday denied the mo-
ton for a new trial. The case Is now en-
train for appeal to the supreme court.
In the suit of Telfair and w. S.
Creighton against Alvini Gibbs. to re-
cover attorneys fees, it was yesterday
stipulated that judgment be entered in
favor of the plaintiffs in the sum of $40
in full satisfaction of all claims against
the defendant. The stipulation was
filed in Department five.
The Palace Wine company yesterday
filed articles of incorporation with the
county clerk. The purposes of the or
ganization are to engage in the whole
sale and retail liquor business. The
capital stock is placed at $4,000, divided
into 1000 shares of $40 EACH The di-
rectors named are: NJ. E. Wright, c. T.
The herald., 1897-03-25
lin by his father. declared void Illus

him by his father. declared void Illus
trates this point.
The late Alvah Marlett came to CALI
fornia twenty-five years ago and never
returned east During that period of
time, or the greater portion OF 1t, ne was
separated from his wife and son, and
finally died at the Soldiers home. When
he left the east on account of his health
the boy was only 2ls years old. Previous
to his death he made deed OF convey
ance to Louis of the small piece OF real
estate now in dispute, and valued at
about S1700, and drew two checks. one
in favor of his wife and one in favor OF
his son. Then he died.
Mrs. Marlett now claims that her
husband made the deed of conveyance
without authority, inasmuch as 1t was
community property. After her husband
became i'll in the east she was the bread
winner, and, rather curfousiy, when
the public library was burned in Kan
sas City long years ago, she purchased
the books saved from the wreck, added
to them, and for considerable time
ran the only library that Kansas City
could boast. After Mr.. Marlett came
west she assisted him financially, and
although he remitted small amount
back to the east, Mrs. Marlett made out
a good case, but for one thing. She told
of her marriage, gave the name or the
minister tnat performed tHt ceicHiohy
and the witnesses who were present,
and, in fact gave all the details that
might reasonably be expected. But she
did not support this either with copy
of any official record or the deposition of
anybody who had absolute knowledge
of the marriage having taken place.
Louis Marlett showed an inclination
to take advantage of this legal lapse,
but Judge Clark, in commenting upon
the case pointed out that any attempt
in that direction by the defendant was
merely an attempt to prove his mother
a lewd woman and to put himsef-well,
in decidedly unpleasant position.
The court, upon the case being sub
mitted, stated that he would not pass
upon the matter until he had seen the
text of the recent opinion of the supreme
court in the case of Spreckels VS.. Spreck-
els, which rests upon facts similar In
certain particulars to those of the Mar
lett case. The decision in the Spreckeis
case involved no less sum than $1,000,-
ono
The herald., 1897-03-25

for the employment; that the defendant
told the plaintim that he would engage
her as long as she proved satisfactory
to him, but If he was not satisfied, he re-
tanned the right to discharge her; that
the defendant stated to her that he
would not make q contract for definite
time with anybody, and that he had new
er done so, and that the plaintiff replied
"I will try it," The defendant agreed to
pay, and did pay, the fare of the plain
tiff to Los Angeles.
although there is sharp conflict In
the evidence in the case" says the court,
1T have been impressed with the appar-
ent honesty of all the witnesses, aud
have regarded the discrepancy as result
ing more from failure OF memory than
as a willful misrepresentation OF facts.
AS to the making of the contract, as
plaintiff alleges, it is incumbent upon
her to establish the same by prepon-
derance of evidence.
There are circumstances which sus-
tain the plaintiffs contention upon this
point, but there are equally strong cir
cumstances which sustain the DEFEND
ants contention. Although 1t is imma-
terial how many witnesses testified for
plaintiff and defendant as to the max
ing of the contract, the witness, Samuel
Schiff, seems to be entirely disinter-
ested. and his testimony is consistent.
"It seems, from a consideration of the
various conversations had between the
parties in the case. that the plaintiff has
considered conversations had after the
contract was completed as forming part
of the contract. 1t was not, however,
intended by the defendant that these
statements should enter into the con-
tract. And they were not in terms sufti-
cently specific to sustain PLAINTIFF $
contention, even if they were part of
the contract Of employment. I am.
therefore, of the opinion, weighing this
evidence according to the well-estab-
lished rules. that the plaintiff has not
the contract in accordance
with her contention, and that the con-
tract, as really made, authorized the
defendant to discharge the plaintiff at
any time, at his option.
Plaintiff is, therefore, not entitled to
Judgment in the action, and the defend
ant is entitled to judgment for costs"
The herald., 1897-03-25
A WHEAT DEAL
A Laborer Who Played in Rather
Hard Luck for His Wages

11dIu AQCh lOA AAAS w os3OS
An opinion was received yesterday
from the supreme court in the case Of
John O'Brien, respondent, VS.. S. D. Bal
low and ]. B. Blake, appellants, carried
on appeal from the superior court of
San Luis Obispo county
1t was a case of replevin to recover pos
session of 63S sacks of wheat or their
value If possession could not be had.
Plaintiff has a verdict for 571 sacks Of
the value of s571, upon which Judgment
was entered. Defen dalt, J. B. Blake
(the action having been dismissed as to
Defendant Ballow). appealed from the
judgment and from an order denying
his motion for a new trial, and the su-
preme court has now affirmed the judg-
ment and order appealed from.
1t appears that during the year end
ing with the harvest of 1894 plaintiff had
fabored as ranch hand for one Bruce,
who was farming about 800 acres OF land
sown to wheat. Some so to 70 acres OF
this land was rented from one Wyman,
and the residue. which was adjoining.
from one Jack. The land was not sep
arated by fence. The crop of 1894 was
a failure, and Bruce was unable to pay
plaintiff his wages. Bruce them pro-
posed to plaintiff that If he would con-
tinue to la boz for another year he, Bruce,
would convey to him sufficient of the
Drop to pay his wages. Plaintiff ac-
cepted the proposition. The land was
ali cultivated TO wheat. Jack had crop
mortgage on the wheat growing upon
his own land.
On June 21, 1895, Bruce. being indebted
to the plaintiff in the sum of s574.75, made
to the latter a bill of sale of the 60 acres,
more or less. of wheat growing on the
Wyman tract, in payment of the sum
due him
Bruce also, in view of the fact that 1t
was doubtful if the grain would pay
plaintiff in full, agreed verbally to fur
nish sacks for the grain and to pay the
harvesters. plaintiff to pay all incioen-
tai expenses. The wheat was harvest
ed, kept separate from that on the Jack
ranch ard placed in pile where it was
marked by plaintiff with his initials. He
paid for gathering It, and the board, ETC.,
of the harvesters. While in this oondi-
ton, and about two weeks after it was
harvested, the wheat was attached by
defendant, S. ID. Ballow. as sheriff, un-
der a writ of attachment against Bruce.
Bruce thereafter went into voluntary in
solvency. Defendant Blake was ap-
pointed assignee in insolvency and the
wheat was turned over to him by the
sheriff
The herald., 1897-03-25
A JUDICIAL ENDORSEMENT
Of Milliner's Ability to Trim Lady's
Haadpear in First Glass STYLE

Nine. Annie Clarion has been unsuc-
cessful in her suit against Lud Zobel but
she is on top of the heap as judicially
commended milliner.
Judge York yesterday handed down
an opinion in the case. wherein he de-
cides against Nine. Clarion on her $50
claim but after bringing all the aoumen
Of a legal mind to bear upon the intri-
cacies of imported hats vs.. the home
made article, has decidedly pronounced
In favor Of Nine. Clarion as being mil
liner of decided artistic ability.
This point is touched upon by the court
while adverting to the madames hav-
ing been discharged. "There is no dis
pute," says Judge York, about the fact.
AS to the facts upon which the defend
ant excuses his discharge of the plaintiff,
the burden of proof is upon him-that
is, he should show by preponderance
of the evidence that the facts which he
alleges as an excuse for the discharge
existed While the defendant may have
produced the greater number of wit
nesses upon this point, l find that the
weight of the testimony is with the
plaintiff, and that she has established
by the best expert testimony obtainable
that she is and was at the time of enter
ing into the contract with the defendant
q first-class designer and trimmer in
millinery work; that she performed her
duties for defendant in a faithful and
efficient manner and that his objections
to her work and method of conducting
the business intrusted to her was hy-
perc~itical and not sufficient to justify
his action in her discharge"
Al that is very gratifying, doubtless,
but the gist of the courts opinion lies
in that portion wherein is inquired into
tie terms of the contract so far as af-
f,cted it's length Of term. Nine Clarion
and her brother testified that the term
agreed upon was one season of ten
months. The defendant and Samuel
Schiff, at whose place of business in the
city of New York the contract was made,
each testified that the contract did not
provide for any definite term of employ
ment- but, on the contrary, that it was
stipulated that the defendant would en-
gage the plaintiff by the week; that
there was no length Of time mentioned
The herald., 1897-03-25
THE FOUR HUNDRED
WORK AT ELYSIAN PARK BEING
RAPIDLY PUSHED
Relief Fund Over Seventeen Thousand
Dollars-Suggestions for the
Boulevard's Name

The Elysian Park boulevard commit
with the effect of pushing this work
rapidly.
AS this Is as large a force as can be
handled to advantage. no more appli-
cants will be received, though large
force of men are anGiously waiting for
employment
The Pasadena boulevard committee
will meet Saturday at p. m. to discuss
the ideas of the property owners from
the different localities on this work. A
large attendance is desired upon that
day. The following names have been
suggested by the school children for the
Elysian Park boulevard: Beautiful
Way, Mckinley boulevard. Cloverdale
avenue, Fern avenue, Elysian boule-
ward, Hillside drive. Elysian Park ave-
nue.. Evergreen boulevard, Fairies
driveway, Golden State boulevard.
Grandview drive, Los Feliz avenue,
Park avenue, Parkside drive, Paradise
avenue, Pleasure street, Recluse path.
Rio Vista road. Sunset boulevard,
Washington boulevard, School Chill
dren's boulevard.
The following donations have been re-
oeived, making the sum total now over
seventeen hundred dollars: School di-
rectors and additional school donations,
$92 80; Bishop Montgomery, collections
made at the Catholic churches Sunday.
March 21, s217e0 Times-Mirror Com
pany employees. sos; Judge Lucien
Shaw, $40: H. Jevne's employees, s2h:
Newmark & Edwards, s25 August
Schmidt, $40; Times Mirror Subs fund.
s1e1; Los Angeles Turf club, s25; Turf
club employees, $40; Byron Erkenbrech-
er, $50; Standard Oil company en-
nIovss $40. so: Harris & Franks en-
nloyes. sl3; GanahI Lumber company,
$50: Bishop & Co.. $50; Earl Fruit COM
pany. $50; Fay Fruit company, S50 and
william T. Allen, S25.
The herald., 1897-03-25
Absolutely Pure.

Sentence was yesterday pronounced
by Justice Morrison on Manuel Sepul-
veda, a Mexican youth, who battered up
an inoffensive Chinaman. Sepulveda
will pay a $40 fine or go to Jail for 20
days.
George Spawn, youth arrested Tues
day morning by officer Walker for
stealing a bicycle, was yesterday ar
raigned before Justice Morrison on a
charge of grand larceny. Examination
was set for this morning al IL 80 o'clock.
G.. Hede and Ida j Hobbs, arrested and
brought into the police court yesterday,
charged with violation of the county
liquor license law, asked for time in
which to plead. and their arraignment
was consequently postponed until Mon
day next at 1880, both being released on
their own recognizance.
An Italian lad named Frank Tanzola
was yesterday convicted in the police
court of disturbing the peace of his
father and stepmother. the complain
ant being his own parent. The boy Is a
tough youngster and has been In Jail
several times before. He was convicted
and will be sentenced today.
H. G. Tinsley. the we'll known maga-
zine writer of Pomona, is in the city for
a few days. accompanied by his wife.
The herald., 1897-03-25
A CURIOUS COMPLICATION
To Press Legal Advantage Sor
Must Endure Contumely

In ones eagerness to take advantage
of technicality OF law ii sometimes
happens that one is brought face to face
with state of things anything but de-
sirable.
The suit of Mrs. Josephine Marlett
against her son, Louis, to have a deed
to a lot in East Los Angeles, made to
The herald., 1897-03-25

Buchanan, both OF Santa Monica; J. A.
Grow. j. M. Price and A. M. Grant. all
Of Los Angeles.
Burt Longden. one OF the recent ap-
pointees to the janitor's staff at the
court house, had his bicycle stolen yes
terday. Upon arriving from his home
at Pasadena in the morning he deposit
ed his wheel in the lower corridor, where
numbers of wheels are deposited each
day. At 1870 1t had disappeared, and
Longdon, who was off duty until 3
o'clock and wanted spin in the park.
had to exercise on "shanks' mare"
The herald., 1897-03-25
The Divorce Mill

Mrs. Minnie Worth was granted de-
cree divorcing her fror~Con Worth yes
terday by Judge Allen. The testimony
was to the effect that the husband had
been cruel and brutal to his wife; that
he had neglected her for the companion
ship of other women and had succeeded
admirably in making a wreck OF his
wife's happiness.
The citation In the oddly exceptional
case of Gibbs vs. Gibbs was continued
in Department six yesterday until April
23rd
The herald., 1897-03-25
Policelets

A fine of $50 or an equivalent number
of days in Jail was yesterday given by
Justice Owens to Pete Kelley for carry
ing a concealed weapon. Kelley was
arrested while drunk and found to be
Juggling around revolver.
The herald., 1897-03-25
JOTTINGS
Our Home Brew

Maier & Zobeleins lager fresh from theil
brewery, on draught in all the principal
saloons: delivered promptly in bottles ol
kegs. Office and brewery. 440 Also street
telephone 81.
The herald., 1897-03-25

~~-~~-~~S~~~---~~~~-~~~~
DOLLAND-Tuesday. March 23. 1897. at
o'clock, Ella, beloved daughter Of John
and Annie Dolland and sister of Ed
ward and Grace Doland. aged "a years.
Funeral at Norwalk. Cal, Thursday
March 25, at 10 a. m. Friends invited to at
tend.
MAIER-At the family residence. corner
Sixteenth and Figueroa streets. at 5
o'clock p. m. Wednesday, March "a, 1877.
Lulu M, daughter of Joseph and Marie
Maer, aged IS years.
BAILEY-In this city, March %. 1897, Lizzie
f., beloved wife of n. P. Bailey. aged
IL years, months.
The funeral services will be held at the
family residence, No. 326 West Twenty
eighth street this wednesday, afternoon
at $780, Interment Rosedale.
The herald., 1897-03-25

Largest variety Concord business wag
ons and top delivery wagons. Hawley
King & Co.
The herald., 1897-03-25

Organ recital, First Congregational
church, March 2sth, by W. F. Skeele. Only
tx cents
The herald., 1897-03-25
DEATHS

Agents Victor. Heating and World bicy
cles. Hawley. King & Co.
The herald., 1897-03-25

Hawley, King & Co., cor. Fifth st. and
| Broadway. agents genuine Columbus
Buggy company buggies and bicycles.
The herald., 1897-03-25

Everything on wheels. Hawley. King
Co., cor. Fifth street and Broadway.
The herald., 1897-03-25
For Mirrors or Beve

For Mirrors or BeveIed Plate Glass
Go to H. Raphael & Co., who are the man
ufacturers of them, and you will make a
large saving. No. 43s and 40 South Spring.
The herald., 1897-03-25
Anheuser Bar and Cafe,

AnueGscT OUT uuu Su1ct
243 South Spring street. Los Angeles. Cal.
Telephone No. 935 main. Entrance to cafe
through natatorium on Broadway. ad-
joining city hall.
The herald., 1897-03-25

TO Cure Cold In One Day
Take Laxative Bromo Quinine Tablets.
All druggists refund the money II It
fails to cure. 25c.
The herald., 1897-03-25

Revised Laws for Timing Stockholders
The mining laws as revised by the pres
ent legislature. per copy, 10 cents. N. A.
Wolcott & Co., 12S South Broadway.
The herald., 1897-03-25

Latest style of wall paper at A. A. Eek
strom's. 1924 South Spring street.
The herald., 1897-03-25
Cutlery at Furrey's. 15s N. Spring st.

Glenwood Range. Furrey Co.. I5e n
Spring.