davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-10-13
THE DoWNEY ABDUCTION
The Curious Circumstances Surround
ing the Case

The trial of John Foster, charged with
an assault with intent to commit rape
upon Lee Mayne, was begun in depart
ment one yesterday before Judge Smi h
and jury.
The girl, Lee Mayne, is II years old,
and in height and form rather imma-
ture for her years. The story she told
yesterday when upon the witness stand
was almost iuconceivably strange. On
the night Of the 9th of June las. the
girl vert with her father to church and
upon returning went into her grand
mothers room, the door of which opened
almost directly opposite the children's $
room, kissed her good night and then
went to bed by the light shining across
the hallway from her grandmother
apartment. In the early morning hours
she was aroused by finding herself in
mans arms outside the house. The girl
tried to scream but was choked into sub
mission. and then was carried into the
adjoining fields for some distance when
she was put down and made to walk
under threats OF being killed. Through
one field and then another the girl was
taken into pasture and then the man
the defendant. as it is claimed-attempt-
ed to outrage her. That done the girl
was released and found her way home
with her night dress all dirty and be-
draggled and she in a woful plight.
DR.. Rowley of Downey testified yes
terday to having examined the girl and
having found marks on her neck which
seemed to Indicate that she had been
choked. He confessed, however, on
ross-examinaton, that the swelling on
the throat might have resulted from ex-
posure to the night air; slight scratch
under the chin could not. however, be
accounted for in the same way. In an
other way, too, the girl showed that she
had suffered violence, although their
was no Indication that her assailant had
succeeded in his purpose.
Mrs Patten, the grandmother of Lee
Mayne, testified that she had awaken ed
from her sleep by hearing a choking
sound. She got up and went into the
children's room and then the younger
sister told her that Lee had been car
ried off by man. The witness gave the
alarm and the household being aroused
the back door was found open.
So far the evidence has not been par
statement had to be eXtorted from her
piecemeal and while she pointed out the
defendant in the court room as the man
who had carried her off, her reasons for
identifying him left something to be de-
sired. At the time OF the transaction she
said the night was so dark and she was
50 frightened that she couldn't recog-
nize her assailant, but she thought 1t
was one Will Horner. When Horner
was brought before the girl she said he
wasn't the man because he hadn't a mus
tache. The hirsute appendage on a
man upper lip is a rather doubtful fact
upon which to make such horrible
charge. but Foster acted at the time of
the crimes preparation in very sus-
picious manner and that will be testified
TO today.
The herald., 1897-10-13
AN ODD CONTRACT
A Board Bill That Kept Mounting Up
All the Time

]. G, De Turk the sale and livery
stable man, seems to have got into a
rather curious trouble, for suit has been
brought against him by M. S. Harten-
stein ar.d for an unusual cause Of action.
1. is alleged that on February 20. 1893.
De Turk was indebte to plaintiff for
$40 for work done between September,
1889, ana February, 1893 He was also
indebted to plaintiff for 5000 for board,
washing and lodging furnished. In con-
sideration of this Indebtedness cou-
tract, it is claimed, was made whereby,
in consio3era ton of what was owing ard
for a con ontinuance of board and lodging,
De Turk agreed to make deed convey
ing to Hartenstein the lot at South Pearl
and West Eighth streets.
Ir. accordance with and, by virtue of
that contract the plaintiff erected a
house on the lot in question in 1893 and
upon its completion moved in with the
appreciation of De Turk. Trees were
planted out, etc, an0 improvements to
the extent OF 525 were made. But the
defendant failed to make the deed and
igs Decem ber, 1894, De Turk incum bered
the lot by placing on it in common with
some other property, a mortgage to Sc
cure the payment of note for $6000 A
few days ago plaintiff had a deed of
conveyance all prepared and in readi-
ness and asked De Turk to sign it, but
he refused Plaintiff considers he has
been damaged to the extent of $500, ard
as the lot is only valued at $4,000 he
considers matters are now about a
stand off. He has consequently brought
euit to cnrnpe1 De Turk m mako the
deed of conveyance and give an account
ing of the manner in which he has in
numbered the property.
The herald., 1897-10-13
Marriage Licenses

The following licenses issued yester-
day from the office Of the county clerk:
Robert H. Greer, a native of Missouri,
aged Al years, and resident of Bars
tow, and Jennie C. Gooding, native of
New York, aged SO years, and resident
Of Los Angeles.
Archibald M. Taylor, native Of Can
ada, aged 81 years. and Minnie Eta
Pearse, native Of West Virginia, aged
81 years; both residents of Compton.
John S. Thomas, a native of Wales,
aged 80 years, and resident of San
Pedro, and Ida C. Sylvia, a native of
California. aged 26 years, and a resi-
dent of Wilmington.
Lucius John Newcomb. a native of
Missouri; aged 36 years, and Mary Eva
Cook, native of Iowa, aged 28 years;
both residents Of Sar Francisco.
The herald., 1897-10-13
LOVED LOS ANGELES
And Whisky, too, Did Tom Baum,
Alias Bohin

AlldS oOuln
Tom Baum, alias Bohin. who escaped
from the chain gang last March, will be
given another opportunity to serve out
his sentence. When he got away Baum
was doing time on two charges of in
decerSt exposure, on which he had. re-
ceived sentence of $50 days ard 80 days
respectively. He went to Downey for
awhile, but didn't like 1t there so well
as in Los Angeles, and came back. He
had been here only a few days when he
succeeded in getting himself arrested
by promiscuously flourishing a revolver
in a saloon where there We're lot of
people. He was locked up for Gay or
two, but there was a hitch in the evil
dence, which resulted in the prisoners
being discharged. A few more days
passed and Baum was again run in
charged with being drunk and disorder
ly. Since he took French leave of the
city prison the jailers in the institution
have been changed. consequently he
was rot recognized. One of the TRUSTEES,
however remem bered the fellow, who
now gave his name as Bohin, as the
Baum of old days, and reported the fact
to the jailer. The truth having become
Known Baum was taken before Justice
Owens yesterday afternoon and again
committed to serve out the balance Of
his term which he had, sought to avoid.
Then the prisoner was brought before
Justice Morrison, who gave him the full
limit on the druCk charge of so days in
jail AS it now stands, Baum has the
gloomy prospect of spending
close TO nine months in Jail before he
has a chance to get arrested again.
The herald., 1897-10-13
Court Notes

Charles M;nshart was arrested and
arrGigned before Justice Young yeste'r-
day at the instance of the horse dealer,
Mcmillan, who charged him with hav
ing uttered threats. The examination
was set for the 10Th inst, and Minehart
was held in $500 bonds.
On Sept, Goth last In street car COL
lision at Grand avenue and Tenth street
Mr.. A. A. Hopkins of 629 Santa Fe ave-
nue. was quite badly injured, being cut,
bruised and badly shaken. Attorney
Lucier Earle was retained by Mr.. Hop
kins to institute suit against the COM
pany. and has now succeeded in eff
fecting a satisfa ctory settlement out OF
court and before the suit was filed
In the case of the California Loan and
Trust company. plaintiff and respond
ent, VS.. H F. Weiss and H. w. Weineke,
defendants and appellants, the eu-
preme court has held, that the defend
ants demurrer was Improperly over
ruled and that Judgment should be re-
versed, and directions are given to the
trial cour! in San Diego to sustain the
same
The herald., 1897-10-13
School Of Art and Design

The School of Art and Design, being
incorporated under the laws of Califor-
MIA, it became necessary at the trustees
meeting Tuesday evening to fill vacan-
cies. This was done by the election Of
w. A. Spaldngy W. H. Knight and Prof.
w. L. Watts. The board of trustees
now consists of Drs. S. H. Weller and
C. Fletcher, Hy. Koch, Prof. w. L.
Watts, Prof. A. J. Cook, w A. Spalding
w. H. knight, Garden Macleod and
Malcolm Macleod DR.. A. Davidson :
report on the anatomy examination was
read. DR.. Fletcher reported on behalf
of the examination. and the diplomas
and certificates are to be awarded on
Thursday evening
The herald., 1897-10-13
To Be Called Tomorrow


DEPARTMENT ONE-Judge Smith.
Nothing set
DEPARTMENT TWO-Judge Clark.
(2710D Holmes VS.. Ramish ct AL
(N +. 1926 Jeande Carr. incompetent; Pc
tition TO sell real estate.
IN. P. 626) Camilla w. Sanford final ac-
count and distribution.
IN. p. 221S) Henry Eisielier; letters, with
will
IN. P. 224G Daniel z. James; letters Of
administration.
IN. p. 225S) Jacob Raohker: letters OF ad- =
rnisistration.
IN. p. 95) Bridget Wilson.
On. p. 2210 Charles Z. Breed; probate of
will
DEPARTMENT THREE-Judge York.
(2SS22) Hansen VS.. Hansen; trial
DEPARTMENT FOUR--Judge York.
t2ss62) Sentous VS.. Horncastle.
DEPARTMENT FIVE--Judge Shaw.
t27S5O Brooks VS.. Barlow.
DEPARTMENT SIX-Judge Allen.
(260SO Gould VS.. Could trial.
{2Ss4D Alexander VS.. Basaler ct al. mo-
ton.
TOWNSHIP COURT--Justice Young.
Michael vs. Thompson; $3.50 a. m.
Waddinghan VS.. Newlyn; trial; 1880 q. m.
Pierce VS.. Carter; trial. a. m.
Andrsas W. Roth; trial; 1880 p. m.
The herald., 1897-10-13
Attorney Mills Applies to
the Supreme Court
TO REOPEN TUPPER's CASE
FORECLOSURE SUIT OF THE MT.
WILSON RAILWAY
List Of New Attorneys-Curious Suit
Against De Turk-rhe Downey
Abduction

Attorney Bernard L. Mills is going to
have one more crack at the "Col." Tup-
per case-if he can, and ne has done
rather bold thing In order that the de-
sired opportunity be afforded him.
"Col." Tupper was convicted of hav-
ing conveyed to "kid" Thompson, the
Roscoe train wrecker. while the latter
was awaiting retrial in the county jail,
a loaded revolver He only did so corr
structively, however, for Kramer, the
ed-heaGeo, yourg trusty who has re-
Gently gone up to do time at San Quen-
tin. and the two stool-pigeons who hS-
ured so prominently in the case, were
the ones who werewilling Intermediates
while reporting everything that Went on
to Jailor Kennedy
The motion for a new trial having been
denied Mr. Mills seeks to nave Inc case
reopened. igs rather unique way. he
Yesterday filed with the Supreme court
now in session Ia this city, an applica-
tion for a writ of habeas corpus. The
basis for such application is the COLI
tention that the Judgment Of the court
Is void and the defendant is being
wrongfully and Illegally restrar,e6 OF
his liberty. During the hearing of the
case-as a matter OF fact ii was during
the arguments of counsel to the jury
II is claimed that Judge Smith was abb
sent from the bench and was IN cham-
bers passing upon another matter. In
such case Mr.. Mills maintains that there
was c,o court, and the proceedfn gs that
then took place and, which may nave
influenced the minds of the jury, were
irregular and rendered the verdict IL
legal ard also the judgment of the court
based upon that verdict.
An erroneous judgment OF court
cannot be reached by habeas corpus
proceedings, but judgme ent claimed TO
be void may, consequently there is at
least possibility of the Tupper case
being reviewed by the supreme court
in this rather unique way.
Bu. Mr. Mills in his effort 10 benefit
his client is confronted with grave
difficulty. There Is nothing or the
court record TO show that upon the day
is question, during Tupper's trial. Judge
Smith left the bench, and the crucial
question to be decides will be whether
a Defendants counsel can go behind the
official record of thu court. Mr.. Mills
claims that he can, and while conceding
that the raising of such question is al
together unusual, states that upon the
two cases alone cited, in the reports
one in Georgia and one IN Il.inois-the
stand he now takes was in each case
held to be legally sound The appl!ca-
ton in itself is interesting, but the pc
culiar ground upon which II is based
enhances its interest a hundredfolG.
The herald., 1897-10-13
COURT CALENDAR
Cases to Be Called in the Departments
Today

DEPARTMENT ONE-Judge Smith.
(23s5) w. NJ. Ware; forgery.
(2l3SS) Sepulveda VS.. Runels; justifica-
ton of sureties.
Lou Turner: arraignment.
DEPARTMENT TWO-Judge Clark.
People VS.. Scott.
IN. p 205) J. E. Hewaid; final account
Of administration; final account of ex.
and distribution.
IN. F. 1l9O Louise Madeline Stout, a MI
nor; second annual account.
IN. =. 3SD John P. Downey; second annu.
al account; account supplemental to
same.
DEPARTMENT THREE-Iucge York.
(257lS> Perkins VS.. Gassen.
(239i) Carl Rees trial.
DEPARTMENT FOUR--Judge Van Dyke.
Nothing set.
DEPARTMENT F1vE--Judge Shaw.
(25499 Farmers bank OF Odessa, Mo-, vs.
Kensler.
(2s606) Lawrence VS.. Jordene
DEPARTMENT SIX-Judge Allen.
Culp VS.. Davis ct al.
TOWNSHIP COURT-Justice Young.
People vs.. Teagers: trial, 1:3o D. m
Radavich VS.. Merrill ct al 10 a. M
Cruthers VS.. Nolan ct al; demurrer; 1:3t
.. m,
The herald., 1897-10-13
mission to practice appeared for exam
ination and Of these fifteen successfully
passed through the ordeal.
THE DAVIS CASE
General Surprise at the Jury's Hang
ing Fire

]
The case Of A. E. Davis. charged with
! completely in the forgery OF the Greene
deed. went TO the jury yesterday morn
ing at II O'Clock. They settled down to
steady consideration OF the case ap-
parently, for nothing was heard from
the jury room for hours. AS the time
slipped by general surprise was ex-
pressed that the jury should fake 80 long
to arrive at determination in what to
the average op-iooEer appeared fairly
clean-cut case.
At o'clock Judge Smith ordered the
bailiff to inquire il they had agreed
upon a verdict but the official was met
with the response that there was no ap-
parent possibility of an agreements be-
ing reached.
At S:45 in the evening the Jury re-
turneS into court with the announce
nlerst that it was impossible for them to
come 20 an agreement. From o'clock
in the afternoon they had stood to 5.
and repeated ballots made no change.
Whether the nine were for conviction or
acquitta. could not be learned. AS there
seemed no prospect of verdict they
were discharged and the casew placed
on the calendar to be reset for trial.
The herald., 1897-10-13


PINKHAM-ln this city, October -, 1897
Clarkson Pinkham, aged 81 years, 6
months and 21 days; native of Halo
we'll, MA
Funeral from residence, Pill Bonsallo
avenue, Thursday at 2 o'clock. Interment
at Rosedale cemetery No flowers.
BOWMAN--At his residence in Los An
geles. Cal, Rev. John Rice Bowman,
d. D., native of Virginia, in the sew
enty-second year of his age.
Funeral Thursday. October 14th, at II
a. m. at Emmanuel Presbyterian church.
Interment at Rosedale. Friends invited
without further notice.
WICKER-In this city. October 18th. at
the residence of T. M. Joseph, 223 Bon
ME Brae street. George 8. Wicker, a
native Of Woodstock. ILL.,, aged 81
years.
ECCLES-In this city, October 12, 1897, Mrs.
Elizabeth Eccles. aged 40 years.
Funeral Wednesday, at p. M, from
1912 San Fernando street.
The herald., 1897-10-13
FORECLOSE THE ROAD
Trial Of the Mt. Lowe Bondholders'
Suit Begins

In DEPARTING ent four, before Judge Van
Dyke, yesterday began the straighten-
ing out Of the difficulties that have as
sailed the Pasadena and Mt. Wilson
Railway company for some time past
The present suit was brought by the
Los Angeles Safe Deposit ard Trust
company, as trustee, to foreclose the
properties Of the defendant corporation
by virtue Of the trust deed given to Sc
cure the bonds issued in October 1892
Yesterday when the case was called
the several interests were represented
as follows: Metcalfe & Andersen FOR the
The herald., 1897-10-13
THE SUPREME COURT
List OF Lucky Applicants WHO Win
the Sheepskin

yesterday was examination day in the
supreme court. the following gentlemen
being the ones lucky enough to be sd-
mtted to practice as ATTORNEYS and
counselors at the Los Angeles bar:
DE Los Magee. p H. Johnson, Geo. r.
Hill, F. e. Scott, Frank Dominguex,
White Smith. Oscar c. Mueller. Victor
L. Ward, Victor E. Keppel, Thomas
Preisher. c. v. Anderson, c. L. McFar-
land, Sheffield S. Sanborn, James f.
Kenealy. Frederick w. Housar
In all twenty-thrce applicants for per-
The herald., 1897-10-13
JUDGMENT GRANTED
In a Suit for Damages Against
Thacker Brothers

Yesterday, in the circuit court, Judge
Wellborn gave Judgment as prayed for
in the complaint in a suit for $10426
damages brought by w. L. Adams, an
orange grower Of Orange county. against
the firm of Thacker Bros, the fruit ship
pers. The damages were asked for al
legged breach of contract in the failure
Of Thacker Bros. to take large con-
sigpment of oranges which had been
ordered from Mr.. Adams.
The herald., 1897-10-13
The Divorce Mill

Margretta Barber was yesterday
grauted a decree by Judge York. di-
vorcisg her from John II. Barber, on
the ground of desertion. The defen oa nj
was ordered to pay $40 per month as
alimony
Judge Smith granted decree divorc-
ing Ma. u. Richie from D. A. III E!e,
on the ground of cruelty.
The suit of Mary Elizabeth Martin
against Edward Martin was heard be-
fore Juoge Clark yesterday behind
closed doors. The couple reside at Pas
adena as,d have a grown up daughter
abou, is years OF age Some time ago
the wife bad her husband arrested, but
the charge preferred against him was
dismissed when it came up before JUS
tice Rossi.er. The decree OF divorce
was granted on the ground Of cruelty.
The herald., 1897-10-13
New Suits Filed

NJ. s. Hartenstein VS.. j. G. De Turk
A suit to compel defendant to convey
the northeast corner of South Pearl AMI
West Eighth streets, and that he may
account for any membranes put upon
the property.
Application of w. F. Phillips-A suit
to have determined as community prop
crty lot So of Myrtel's subdivision of the
Messick tract.
John Nut. vs. A. 3. Thrill and c. W.
Owen-A suit 20 recover ss3.15 on a me-
chanic's lier $50 attorneys fee and de-
cree Of sale against lots 40 and Al, block
10, Garvanza addition.
The herald., 1897-10-13

Agents Victor, Heating. World and
March bicycles. Hawley. King & Co.
The herald., 1897-10-13

ons and top delivery wagons. Hawley
King & Co.
The herald., 1897-10-13
Bright's Special Delivery

Will check baggage to any part of the
world. One trunk. 35c; round trip, SOC.
404 S. Broadway; TEL, main 40.
The herald., 1897-10-13
JOTTINGS
Our Homo Brev

Maier = zobelein's lager. fresh from their
brewery. on draught In all the principal
saloons; delivered promptly in bottles o.
kegs. Office and brewery. 40 Also strees;
telephone 81,
The herald., 1897-10-13
DEATHS

Everything on wheels. Hawley. King
& Co., cor. Fifth street and Broadway.
The herald., 1897-10-13

Hawley, King & Co.. cor5th ST. and Bwy.,
agents genuine Columbus Buggy company
buggies and Victor bicycles.
The herald., 1897-10-13
Aliens Press Clipping Bureau

los East First Street. Los Angeles. Cal.
Furnish advance reports on all CONTRACT
pumping plants and public buildings Per
sonaf clippings from al papers in the Untteo
etateA
Arizona republican., 1897-10-22
NUGGETS FROM THE HILLS.

Regarding the entry of lard for gravel pits and reservoir purposes, and granting right of way for pipe lines, bill passed both houses of congress in December, 1894, authoriz- ing such entry and granting such right of way. Under this law any cit izen of the United States, or ditch company, or water company, may buy lands for reservoir purposes not to exceed 160 acres of unoccupied land, at price not less than $2 per acre. When the purchased lands are in a mining district they are not to be considered mineral lands, but the pat ents do not authorize the purchasers to extract mineral therefrom, rsserv- ing that right to the government. Non-use of the land so purchased for two years constitutes forfeiture.
 It is we'll established fact thas copper held in solution in water can be easily obtained by using iron as precipitant, but as the precipitant of copper in solution with iron is com paratively slow and in many in- stances costly, more active and less expensive precipitant was much in demand. But Thomas Wren, late of EuIekd, Dul uOW or Reno, N9VaQa, seems to have solved this problem beyond a doubt. MT. Wren has made the question study, and, after re- peated and numerous experiments with different substances, has discov- cred that copper in solution in water can be readily nhrown down with alkali. Alkai will precipitate the copper at once, while iron requires from twenty-four hours to several months-depending upon the amount of iron used.
 Gold and silver are always to be weighed in Troy-twelve ounces to the pound, 4S0 grains to the ounce. Gold is s2O.671S24 per ounce and $0.0430663 per grain. One grain gold button from an assay ton of ore, 4371h grains, one ounce avoirdupois, is $1.- 38712 for the ton of ore, 32,OOO ounces and 32,000 grains of gold. One one hundredth of one grain gold button from same assay ton Is $137S12 for the ton. One-tenth of one-hund. edith of one grain gold button from asay Is $1.37812 for the ton
Arizona republican., 1897-10-22

from the center to near the east side is covered with water conglometate, and is almost vacant, as there is nothing on the surface to indicate what may be below.
 Continuing southeast along this mineral zone and outside of this bar sin, we come to the Solomon Springs country, where Charles w. Blackburn superintendent of the Copper King of Arizona, is now operating some eX- cellent property, as the shipments from them of high grade ores amply testify.
 Still further on, on the same belt, the valuable property of Messrs. Con- only and Beckwith, the former a miner working in the Copper Queen mine for 12 or IA years, and the lat ter mining engineer, employed in the same mine for nearly ten years. Both gentlemen have had long and practical experience in mining in this section and, therefore, are competent to judge of mining property when they see it. The fact of their lscat- ing where they did speaks favorab1y for the prospects of that section. A. though that is as far out on the belt as any development has been done. it does not by any means reach to the end of it; about four miles fur her on the early prospactors found 500- pound boulder of solid copper glance (sulphide) in the canyon, but where it came from has never been found to this day. Prospectors who have fol- lowed the mineral zone say it is plainly traceable for forty miles from Blsbee.
Arizona republican., 1897-10-22
PROMISING MINING CAMP.

MT $. H. Gould, the genial superin- tendent of the Gro mine at Gro Blan- co, arrived in Tucson Wednesday. To the Star he said that the outlook for the Gro Blanco mines is brighter than at any time in their history. develop ment work on all the properties going on steadily and satisfactorily. The Orc mine is developing into such fa- vorable conditions that the owners contemplate the erection of a sixty stamp mill within a short time. Thus far two thousand feet of tunneling has been put in, and the work has been confined to development They have just opened a large body of ore, which yields a very neat D. oft after milling. In value it runs from S3 to $15 ton. The two other ledges of the mine, also large veins. carry values ranging from S7 to $50 per ton. MT. Gould is positive in his opinion that the Gro Blanco camp is On the verge of a prosperous future, as, in deed, are all who are famaliar with the various properties of the distric.
 The gentleman reports the Franco American mine working on a valuable ore body of large dimensions J. c. Boyd is bringing this property to an excellent condition
 The Montana mill is working on ore that runs from $50 to $1O0 aAton.
 And the Tres Amigos continuss to ship ore to the Silver City smelter some of which carries value of a dol- lar pound. The expense of getting the ore to Silver City is about $40 ton.
 The public will watch for the nws from Gro Blanco with interest.