davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-07-17

and he and not Culp was authorized to
do business under 1t. He could employ
Culp to assist him in the business under
the license, and when attacked by a
judgment creditor of Culp he took the
position that he and not Culp was trans
acting the business. and Culp was work.
ing for him. There seems to have been
no conscience brought into the transac-
ton, and design to defraud some one
seems to have been the inducing cause
Of the transaction.
"1nasmuch as defendant had applied
for and obtained the license under which
the business was transacted and Culp
could not lawfully transact the bust
ness on his own account, it appears
either that defendant had loaned to
CUP his name, fame and credit under
which to do business or that defendant
owned the business. 1t is not material
which fact is found. The result would
be the same. Plaintiff was satisfied to
take the published report of the issuance
of the license to defendant. If the fact
had not been proved he would have suf-
fered by his neglect to make further in
quiry. If he had inquired further he
would have found the fact to be concu-
sively verified. There is, therefore, no
reason why he should suffer for giving
too much credeDce to his source of iu-
formation. He had right to assume
that defendant was conducting the bust
ness which he had right to conduct AMI
that Culp was not conducting the bust
ness which Culp had no right to conduct.
The defense in this action finds no sup
port in fact, law or good conscience
Judgment will therefore be entered for
the plaintiff for the amount of his claim.
with costs.
The herald., 1897-07-17
CAR CONGESTION
At the Corner of Second and Spring
Streets Is to Be Remedied

The Los Angeles Street Railway COM
pany intend to remedy the cause for
complaint concerning the obstruction to
traffic which results from the congestion
of Tenth-street, Washington-stree and
Pico-street cars at the corner of Second
and Spring streets. AS it is now, these
lines of cars stop in front of the Hollen-
beck hotel and switch on to the right
hand track again, preparatory to MAX
ing another trip. This proceeding stops
all other cars on either track, besides
blocking the street for ordinary vehicles.
Mr.. Fred Wood, the general manager
of the company, has recognized the
needs of the situation, and as rapidly as
is possible will remedy the difficulty by
extending the route Of the lines men
toned north on Spring street to Temple
block and around on Main to First
street, thence to Spring street again,
thus making a continuous trip without
any switching and offering no delay or
obstruction. A curve will be put in on
Main and Spring streets at Temple block
and then the whole difficulty will be at
an end
The herald., 1897-07-17
SCOTT LET GO
Witnesses in the Upper
Case Still Missing
IuAN s'lvAs CONVICTED
OF AN OUTRAGE UPON HIS
NIECE, JUANA
Caustic Remarks Made by Judge York
Will-The Young Divorce

The status quo has not been restored
tween counsel for the defense and the
sheriff's office is still or.
The two absentee witnesses, Fay Har-
ris and ]. D. Jenkins, are yet enveloped
or how the next sensational move will
be made in this most suspiciously SEN
sational case.
When the matter was called up yester-
day in department one the defense stat
ed to the court that Detective Gard had
not so far been able to find the missing
witnesses, and for that reason he would
ask for a continuance.
Mr.. McComas volunteered the inform
alton that the sheriff had sent two men
to Santa Monica, but he did not mention
that Jailer Kennedy was one of them.
This caused some of the unregenerate to
remark that possibly Kennedy was
down at Santa Monica not to see that
Harris and Jenkins came back to Los
Angeles, but to see that they didn't
come, and to ship them off 80 that they
could not prove disturbing factor in the
Topper case.
Attorney Oliver, however, stated to
the court that all the belongings of both
men were still at the Chicago house and
that the men were without money hav-
ing been out of work for about six
months. That being so they couldn't get
away very far, and he thought they
would be found within few days.
The case of Juan Silvas, charged with
rape, was set for trial and Judge Smith
was about to call it up when Mr.. Nc
Comas explained that he would like to
try the Topper case before taking up
with that of Silvas. The court, however
stated that that case was in allegiance.
Attorney Mills, for the defense, then
presented an affidavit wherein he asked
that Jack Marshall, an inmate at San
Quentin, be brought back to this city, as
he would be an essential witness for the
defense in establishing the same facts
that would be testified to by Harris and
Jenkins
when these two men are brought in"
said Judge Smith, 1--WE will go on with
the case
I'm said CASE said the attorney, 1--WE
will not desire the presence of this man"
''Tm going to make my calendar con-
form to the Upper case" remarked the
court, and that ended the matter.
While all this was going on in depart
ment one another phase of the Topper
case was being exploited in the town.
ship court. About month ago the Her
aid published an account of one Henry
Scott who, after being kept in the dun
geon at the county jail was taken into
the district attorneys office and made
statement after which he was allowed
by Justice Young to depart upon his own
recognizance for examination yesterday.
When the case came up in the town
ship court the district attorney moved
that the case against Scott be dismissed,
there not being sufficient evidence to
hold him to answer. And it was ordered.
The complaint against Scott was
sworn to by Jailer Kennedy, who charged
him with having been concerned in send
ing the pistol in to kid" Thompson
With his discharge the main case
against Upper is narrowed down some
what.
The herald., 1897-07-17
THE WILMER WILL
The Estate. Altogether in the Control
of the Widow

The will of Joseph Meyer Wilmer, de.
ceased, the late president of the Cali
fornia bank, was admitted to probate
yesterday in Judge Clark's department
The old home at 400 West Third street
is left to the widow Josephine S. Wit
mer. Half of the estate, which is esti-
mated at $4,000 in the ptition and not
including any real estate, is also left to
the widow and the remaining half is to
be divided equally among the three chill
dren, David Julius, William Sullivan and
Mary Marian Wilmer.
Mrs. Josephine Wilmer is appointed
executrix without bonds, and is empow-
cred to sell all or part of the estate in
such manner and for such prices as
to her seems best without any order or
permission of court" The witnesses to
the will We're H. c. Wilmer and ]. H.
Vening, 1926 Douglas street.
The herald., 1897-07-17
THE sILvAs OUTRAGE
The Jury Returned a Verdict Inside
of Five Minutes

Juan Silvas. a Mexican, was brought
to trial yesterday in department one
on the charge of having committed a
rape upon Juanna Quinones, a niece OF
hie.
The parties live at Duarte and Silvas
met the girl, who at that time, nearly
year ago, was under IA years of age
walking on the Monrovia road. He made
her accompany him through the brush
and underground that lined the road tc
a secluded spot, where he consummated
his purpose
The defense set up was weak and was
merely in the nature of general denial.
The jury remained out only about five
minutes and returned into court with
a verdict of guilty as charged.
The herald., 1897-07-17
SOME SHARP CRITICISM
INDUCED in by Judge York in Giving
an Opinion

A decision was handed down yester-
day by Judge York in the case Of r. A
Levy, the wholesale liquor dealer on
Main street, against P. F. Gibbons,
saloon keeper.
The suit presented some very curious
features and the court does not spare
the defendant in passing upon the mer-
its of the case. The action was prose-
cuted to obtain judgment against de-
PENDANT for liquors sold to him by the
plaintiff. 1t was taken to the superior
court on appeal from the township
court. The answer made was a general
denial, but the defendants position on
the trial was that the liquors were sold
to one Culp and not to defendant.
"The evidence shows" says the court,
that prior to the purchase a saloon
was started at S31 Macy street in Los
Angeles; that the defendant applied for
and obtained the license to conduct the
saloon business at said place; that at the
time of applying for the license said
business was to be conducted not by
said defendant but by said Culp under
some arrangement between themselves
which does not sufficiently appear; that
the business was opened by Culp by an
invitation to certain parties to attend
an opening" in which invitation cards
were issued bearing the name of the sa-
loon and Culp as ''manager;" that the
fact of defendants obtaining the license
was of public notoriety, having been
published in the newspapers, and that
plaintiff saw the notice of defendants
obtaining the license in the public press
and relied upon it. The business was
carried on under said license authoriz-
ing the defendant to conduct the same
and said Culp had no right to conduct
a saloon there or at any place on his
own account, because he had no license
therefor
THE liquors. for the price of which
plaintiff sues, were sold at said saloon.
Said Cup was at the saloon at the time
of the sale and in the apparent manage
ment thereof, but claimed to be repre-
senting defendant. 1t appears incident
ally that the reason why defendant OBJ
tanned the license instead of Cuip was
either that Culp wanted to secrete his
property to defraud his creditors and
defendant wanted to help him do so, or
that both wished to defraud the city au-
thorities into granting license to de-
PENDANT for Culp to do business under,
when they would not have granted a
license to Culp. 1t appears, however,
that defendant applied for and obtained
the license for himself and not for Culp.
The herald., 1897-07-17
New Suits Filed

The Ganahl Lumber company VS.
Julia P. Brown ct ala suit to recover
$2S7.25 on certain liens for material, etc.
$3.50 attorneys fees and order of sale
against the premises on portions of lots
so and 81 of the Rose tract.
William Slaney VS.. William Mueller
A suit to recover $415, being three times
the amount of rent due for building on
the east eide of Center Place formerly
Mott alley), used as carpenters shop;
to recover $415, three times the amount
of damages claimed, forfeiture of the
lease and recovery of possession.
G. E. Berner VS.. Harry Herbert.-A
suit to recover $50 on a note, $3.50 attor-
neys' fees and decree of sale against
100 acres of land.
The estate of H. N. Wales, deceased
The petition of Lena Bella Wales for
letters of administration. The estate
is valued at only $500.
Sherman j. Powell VS.. William H. Jay
ct ala suit to reform a mortgage, that
a receiver be appointed, and that ths
mortgage on a 97-acre tract Of the Ran
cho San Rafael be foreclosed to satisfy
note of $250O.
The guardianship of Mary A. Sexton,
a minor-Petition of Emma M. Sexton,
the guardian for permission to sell al
estate.
The estate of Joseph Duplain, deceased
The petition of the public administra-
tor for letters Of administration. The
estate is valued at about $510.
C. Ganahl VS.. P. H. Maloney-A suit
to recover $666.71 due on an open &C.
L IL.
The herald., 1897-07-17
CHAMBER OF COMMERCE
Flowers Needed to Decorate for tn
Christian Endeavor Reception

Secretary Virgins is hungering and
thirsting for f1owers-'any kind and all
kinds OF f1owers--to decorate the rooms
for the reception that is to be given this
evening to the visiting Christian Eli
deavorers and their friends All having
flowers that they can and will donate for
that purpose are requested to leave them
at the chamber not later than O'Clock
this afternoon.
The first black Hamburg grapes of the
season were sent in yesterday from Palm
valley by Harry F. McCollum; James
Gillespie of Fruitland contributed some
Burbank potatoes; j. A. Talbot of
Downey, apricots; and G. c. Chapman of
Fullerton, case of Valencia late or
anges.
The Rosecrans ranch added to it's ia BILE
Damson plums, nectarines, walnuts and
green corn on the stalk; E. D. Sturtevant
has replenished the tank with beautiful
pink lavender, buff and white pond
lilies; and the San Diego chamber of
commerce sent up a case of lemons and
a box of literature.
The herald., 1897-07-17
East Side Personals

c. T. Warren of $40 Downey avenue
is very i'll at his home.
w HI. Perry and family are camping
at Redondo for the summer.
Mr. Wilson of South Griffin avenue will
fill the position of motorneer on the
Pasadena electric car line.
Mr.. and Mrs. George Lindesmith are
spending week at Redondo.
Mr.. and Mrs. c. A Neal returned yes
terday morning from San Francisco
where they have been enjoying a short
vacation.
George w. Mcintosh of Downey ave-
nue. is entertaining his brother, Prof
William Mcintosh, of Auburn, Indiana,
who is engaged in historical research.
The herald., 1897-07-17
A WORTHLESS CROP
A Farmer Who Claims $4,000 Dam
ages for Bad Seed

One ]. S. Killian, who is presumably a
farmer, is very mad and has brought
suit against VIM. Currer & Son. the
seedsmen, to recover $4,000 as damages.
1t appears that in August of last year
Killian bought from the seed house 2S1
pounds of Early Winningstadt Cab
bage" seed, warranted to be of that va
riety. He sowed the seed in good ground
and gave the land the necessary care
and cultivation at an expenditure of
$780,
When the crop appeared the irate
farmer found that he had upon his
hands lot of cabbages of the most
worthless variety and of absolutely no
market value. He claims that of neces-
sity he had altogether depended upon
the represen ia tons made to him by
The herald., 1897-07-17
The Divorce Mill

Judge Van Dyke granted a decree to
Maria D. Lassman, divorcing her from
Carl Lassman, on the ground of cruelty
and habitual intemperance.
The following complaints in divorce
have been filed:
Mary H. Edmonsop against Alfred e,
Edmonson.
Ed r. Meloy against Ida w. Meloy.
Sarah J. Cobler against Frank Cobler.
Adelaide Morgan against Frank e.
Morgan.
Kittie M. Swarthout against Lewis A.
Swarthout.
The herald., 1897-07-17
New Library Books

Following are SOME of the new books
lately received at the city library: Jeru-
salem, the Holy City,.by Mrs. Oliphant;
Stories of Everyday Life in Modern
China, by T. Waters; Froebels Eduaa-
tional Laws, by Hughes; the Directory
of Political Economy. by R. H. Inglis
Palgrave; Departmental Ditties, by
Rudyard Kipling; Personal Recollec-
Observation-Disclosures to Lincoln by
Thompson
The herald., 1897-07-17

On Southern Pacific. Flyers, $50 a. m.
and p m, make run in twenty-five min
utes. No stops. Specials s, 10, II a. M, 2
p. M, make all city stops and run in
twenty-five minutes. Trains leave Arcade
depot s, $50, g. 49, II a. m, l. :35, @ 5:15,
$780, 7:15 p. m. Last train leaves Santa
Monica 10 p. m. No dust. Seats for every
body. Round trip, so cents.
The herald., 1897-07-17
A Missing Lady

Mrs E. j. Strobe of La Belle, Mo-,
came to Los Angeles about month ago.
She became separated from her friends
and has not been located since. The
police have been unable to find any trace
of her. Any informatio as to her pres
ent whereabouts will be gladly received
by her niece, Mrs. Carrie Gibbs of 62S
Tehama street.
The herald., 1897-07-17
Notice

Sealed proposals will be received by the
undersigned for sinking a 5OO-foot shaft
on the Val Verde gold mining property;
also proposals for sinking continuation of
incline No. for an additional 300 feet.
Specifications can be had on application.
The properties are situated in the Rand
mining district, county of Kern and state
of California. J. S. Wilde, secretary
Randsburg Gold Mining, Milling and
Water Supply company. johannesburg
Cal
The herald., 1897-07-17
Cordado's Second Examination

Nick Cordado was examined before
Justice Morrison yesterday on a second
charge of burglary. He was convicted
on one charge short time ago, but the
information was not filed in the superior
court within the required time and the
case was dismissed. He was, however
rearrested and will be bound over on a
second charge
The herald., 1897-07-17

Currer & Son. and had no means of as
certaining whether the seed furnished to
him was the variety he desired or not.
He now comes into court and demands
$4,000 for the loss of his crop and $500
expended in cultivating these worthless
cabbages that cannot even be worked
up into gigantis mess,of sauer-kraut.
The herald., 1897-07-17
Davidson's Appointment

G. A. Davidson has been appointed
cashier and paymaster of the Santa Fe
Pacific Railway company by Treasurer
Holterhoff. Mr.. Davidson was in the
same position in the service of the South
ern California company and has been
promoted in accordance with the re-
quirements of the consolidation with the
Atlantic and Pacific.
The herald., 1897-07-17
c. E. Excursion Over Kite. Shaped Track

On July 18th, oath, 31st and August 7th
a special train, with observation car at
tached, will leave La Grande station at
I 10 a. m. A stop of two hours will be made
at both Redlands and Riverside for sight
seeing. Round trip, $2.75. Particulars at
Santa Fe ticket office, 200 Spring street.
The herald., 1897-07-17
The Eleventh Hour

The books Of the League for Better City
Government will be closed at O'Clock
this afternoon. ALI members, if they
desire to retain their standing, should
register and pay their dues before that
hour.
The herald., 1897-07-17

Concert foot and horse racing, dancing
Schoneman Blanchard orchestra. South
ern Pacific, only direct line Trains leave
Arcade depot, S:15, 9. 1905 a. M. lao p m
Last train leaves San Pedro, GAO p. m
Round trip, so cents
The herald., 1897-07-17

the line between Los Angeles and Ven
tura counties, in conjunction with the
surveyor of Ventura county; and to es-
tablish permanent monuments at the in
tersection of the county roads.
The herald., 1897-07-17

Maier & zobelein's lager. fresh from their
brewery, on draught in all the principal
saloons; delivered promptly in bottles or
kegs. Office and brewery. 44O Also street:
telephone 81.
The herald., 1897-07-17
.JOTTINGS

New Laws for Mine Locators aud Stockholders
Price Is cents. N. A. Wolcott G. Co., prin-
tiers and publishers, 1928 s. Broadway. Los
Angeles. and all booksellers. The new
blanks conforming to the laws are now
ready.
The herald., 1897-07-17

Largest variety Concord business wag.
ons and top delivery wagons. Hawley
King & Co.
The herald., 1897-07-17

Hawlcy, King & Co..cor 9Th st. and Bwy.,
agents genuine Columbus Buggy company
buggies and Victor bicycles
The herald., 1897-07-17
DEATHS

Everything on wheels. Hawley King &
Co. cor. Fifth street and Broadway
The herald., 1897-07-17
Long Beach Sunday Trains

Leave Southern Pacific Arcade depot, S:15,
8, 1905 a. m, 40 p. m. Last train leaves
Long Beach, GAO p. m. Round trip, so
cents.
The herald., 1897-07-17

Agents Victor. Heating, World and
March bicycles. Hawley, King & Co.
The herald., 1897-07-17
Board of Supervisors

The board yesterday adopted a nnsolu-
ton instructing County Surveyor
Wright to relocate, at disputed points,
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-27
INDIANA GRAND ARMY.
staff and Standing Committees of the
Department..

Department Commander Dodge has an
nounced the additional members of his
staff as follows: Department inspector
Amos R. Walter, Fort Wayne; judge ad-
vocate, Charles M. Travis, Charlottesville
chief mastering officer, VIM. d. McCul
lough Brazil; color bearer, James d
Braden, Elkhart; senior aid-de-camp Rus
sell P. Finney New Albany.
The standing committee to visit the Sol
diers' and Sailors Orphans Home "a
Knightstown is as follows:
Wilkes, Shelbyville; William r. England
Seymour; Henry H. Wood. Post No. n
Martinsville; Edwin NJ. Byrkit, Terrt
Haute; l. H. c.. Royse. Terre Haute; B. A
Richardson, indianapolis.
The State Soldiers Home committee. Is
Henry M. Caylor, chairman, Noblesville
William II. Tucker, Indianapolis; John W
Headington, Portland; Joseph S. Loughry
Monticello; u. d. Cole, Rushville; Elmer
Crockett, South Bend; William Nelson
Menaugh, Salem; Daniel Ryan, COLUMBUS
James f. Fee. Greencastle; Lewis G.. Rig
GIN Attica; William NJ Henley, Wabash
George w. Garfield, Lagrange.
The committee on school histories is con
tnued as follows: A. o. Marsh, chairman
Winchester; A. H Graham, Knightstown
William NJ Cochran Indianapolis; Will
liam II. Armstrong, Indianapolis; Thoma:
j. Charlton, Plainfeld; Jacob j. Todd
Bluffton; b. B. Campbell, Anderson.
erection of a monument in memory of ex
Governor Morton, the following Morton
monument committee is announced viii
liam S. Haggard Lafayette William T
James H. Cisney, Warsaw; Will Cumback
GreenSburg,
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-27
NO WIRES UNDERGROUND.
western Union Makes No Attempt to
Comply with the Law.

Nothing tangible has been done by the
Western Union Telegraph Company toward
placing its wires in underground conduits
and removing it's poles from the streets.
Last fall the company pleaded that nothing
could be done in the winter months, and
promises were made that the work should
be done lin the spring." There have been
several weeks of fair weather, and so far
the company has done practically nothing
in fact, it has newly painted some of it's
downtown poles. Telegraph poles still
stand and wires in the downtown streets
interfere with the working of the fire de-
partment. The Board of Public Works is
growing tired of the companyS Indifference
and carelessness and declares that if the
work is not completed by November / no
extensions of time will be granted, and
that the city will insist on the penalty of
500 a day for every day it remains I'M
been written to j. f. Wallick. superintend-
ent of the company, as follows:
Please bear in mind that your company
entered into a contract with the city to
place all your wires underground and re-
move the poles by Nov. l. 1897, in the mile
square. Up to this date we see no evidence
on your part to complete the work by the
time agreed upon. We therefore notify you
that in case the contract you have made
named no extension Of time will be granted
you. We are fully aware that had you
entered upon the work earnestly you would
have had the same completed before Nov.
l. We shall insist that you commence work
at once and prosecute the same diligently"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-27
STOLEN IN CINCINNATI.
The Bicycle and Its POssessors Found
in This City.

Tuesday night Detectives McGuff and
Wilson met man on the street with two
bicycles in his possession They questioned
him and came to the conclusion that he had
stolen them He was sent to the police
station charged with lettering. The man
said his name was Thomas Darnell and
that he had purchased the machines in
Louisville. He gave the name of a dealer
there. He said he had ridden to Cincin-
natl and from there to this city. The story
sounded "fshy'' and kilograms were sent
to Louisville and to Cincinnati. The Louis
vile dealer diSclaimed any knowledge of
the man or the wheels. From Cincinnati 1t
was learned that Thomas Darneu was the
name of a railroad engineer who had had
his bicycle stolen q few days ago. A de-
scription of the bicycle proved that one Of
the wheels in the possession of the fellow
arrested was the one stolen from Darnell
whose name the thief was foolish enough
to give as his own when arrested The
other wheel proved to be one stolen in Gin
cinnati also.
Yesterday the man agreed to return to Gin
cnnau without a requisition, and he will
be taken back to-day. At one time yester-
again he said he was Thomas Donnellan,
Of the firm of Donnelan q Thomas, own
ers of the Leader, a paper published iii
Montpelier o. He had a business card
bearing this name in his pocket.