davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-03-11

February 18th the husband filed an afii-
davit showing that the money had not
been paid, thereupon an oroer OF cours
issued that Mrs. Livingston appear ana
show cause. The matter drifted along
by stipulation of the attorneys untii
March 2d, and Mrs. Livingston was un.n
adiudged in contempt, but the court
was merciful and ordered that unless
within five days the money was paid into
the clerk of the court the defendant
would be imprisoned in the county jail.
The five days passed, and after an ad-
ditional days grace had been given. a
civil warrant of arrest was issued
against Mrs. Livingston. The oiu iaoy
was arrested at Pasadena on Tuesday
night, but the sheriff permitted her 10
remain at the St. Elmo hotel rather than
go to jail She still remains there pend
ing a hearing of the case, and is con-
structively in jail.
Yesterday her attorney, l. H. Johnson.
esq. filed an application for writ or
habeas corpus on the following techni-
cal grounds:
i. That the jurisdiction of the court
has been exceeded in Issuing the order
of commitment. 2. That the process has
been issued in a case not allowed by law.
g. The process was not authorized by
any order, Judgment or decree or any
court. 4. That the process is not au-
thorized by any provision OF law. o. ina.
the process is defective in the matter or
substance required by law, and that the
process is void.
The matter came up before Judge AL
len, but, as he intimated that he woulc
prefer to have one of his brother judges
on the bench with him during the hear
ing, the matter was continued until this
afternoon at 2 o'clock.
And so the matter stands. In all this
fencing on the part of the aged defen-
dant by no means the least curious fea-
ture of the case has been the action OF
her legal advisor An affidavit Is on file
wherein he alleges that her persistent
refusal to pay alimony to her husband
ordered by the court. has been in strict
accordance with his advice to her. That
an officer of the court should advise a
client to disobey and continue to dis
obey the court of which he himself is an
officer is odd, to say the least. And,
meantime, his client is in Jail.
The herald., 1897-03-11
TO DESIGN HATS
Mrs. Clarion Proves a Success In New York
but Not In This City

put NOT III iniS lily
Mrs. Annie Clarion is a high-toned
milliner from New York who believes
Lud Zobel the welI-known Spring street
milliner, is indebted to her to the amount
of $50. Unfortunately ne thinks other
wise. and so the difficulty was first
aired in the Justices court and is now
on appeal before Judge York.
Mrs. Clarion entered into a verbal
agreement with the defendant in New
York to come to Los Angeles as de-
signer of hats for one year. The year
was to begin upon her. arrival in this
city and continue to Jan. Is, 1897, saving.
however, the period between July Is and
Aug. 10. The salary was to be $25 per
week.
But Mr.. Zobell does not equiesce in his
late employees statement of the agree
ment entered into, and furthermore he
pleads justification for discharging Mrs.
Clarion from his employ. When in New
York the lady trimmed some hats for
him just to show her ability and they
were quite up to the fashionable mark
Upon coming to Los Angeles, however,
the nimble fingers of the fair plaintiff
must have lost their cunning, for her
designing was bad and her trimming
still worse. In a short while her en-
ployer reduced her from the position
of head of the department to second
place. While Mrs. Clarion protested,
she did not accept the alternative and
quit work.
According to Mr.. Zobel, however, too
heavy a percentage of her hats had to
be di5mantled, so to speak, and trimmed
over again, and so he finally concluded
to dispense with her services.
The case will be continued today.
The herald., 1897-03-11
ON SPECIAL ISSUES
Such Return of Jury May Be Accepted nereIy
as Advisory

An interesting and at the same time
rather curious question has been
passed upon by Judge Allen in an opin-
ion handed down yesterday in the suit
of P. Levreau VS.. H. Clary.
The jury, upon trial of the suit found
upon the special issues submitted, and
the point touched upon by Judge Alien
that is of Importance is whether the
verdict in such case must be held as de-
terminateiye or merely advisory.
The plaintiff in the action sought the
strict foreclosure of a contract for the
sale of certain real estate on account of
the default of stipulated payment at
maturity, dated January l. 1896. De-
fsndant answered, denying non-pay-
ment and alleging that before the ma
turity of such payment he entered into
contract with plaintiff, under the terms
of which he paid plaintiff $1,000 in full
settlement and discharge of four pay
ments, each of $500, including the one
maturing January l, 1896.
AT the request of defendant, jury was
allowed and empaneled, to which was
submitted the questions of fact. This
jury found in favor of the defendant up-
on the special issues submitted.
THE question presented by this mo-
tion," says the court, "is: Shall the
NCIQlCi VI luc Jul Dc llCiu QclcI c
of the issues involved, or is it merely ad-
visory, and if advisory only. shall it be
adopted by the court?
II am of the opinion that, the proceed
ing being one in equity, the verdict of
the jury is advisory only to the court,
and such verdict, when rendered, may be
disregarded if the court is satisfied that
truth and justice require it, The priv
ilege of having special questions of fact
in nj this lind Cr1hr,1iffod n q i1IrV
is usually granted upon demand. That
this right or privilege should have any
value, it follows that due consideration
should be given to the verdict, and while
the court is not bound to adopt it, or any
portion thereof as its findings, yet If the
court is not able to say that such verdict
is manifestly against the weight of evil
dence, the court should acquiesce in the
verdict. To disregard such a verdict,
simply because it is not in exact har-
mony with the opinion of the court,
would render the allowance of a jury
and the submission to 1t of questions
of fact in equity cases farcical The
jury empaneled in this case was more
than ordinarily intelligent. 1t heard all
of the evidence and was unanimous In
it's verdict True, the testimony was
conflicting; the parties were each shown
to have acted in a manner inconsistent
with their sworn statements. The whole
testimony developed one Of those cases
where it is impossible for a court to
say just where the truth lies. I am not
prepared to say that the jury. in its de-
liberations, did not give credit to whom
credit was due. At least, am not suffi-
GENTLY established in my convictions to
feel justified in disregarding its advis-
ory verdict upon the issue of accord and
satisfaction.
"The findings of the jury upon the
question of payment will not be adopted,
the evidence clearly not sustaining the
same.
Findings and judgment will, there
fore, beordered for the defendant"
The herald., 1897-03-11
THE BOARD OF SUPERVISORS
A Proposal to Take Slice Off of Los
Angeles County
and That the Board Opposes-Women's
Aunex-Uphoiding the Governor

The sister counties of Southern Cali
fornia dwell in amity together, and Los
Angeles, both as city and as county,
is ever ready to aid in any good work
that has for its object the furthering of
the interests of any county or section of
Southern California. But the good will
of the Angelenos, and its extent, has
been too much taken for granted in the
assembly bill introduced by Mr.. Toland,
which has for its purpose the despoiling
of Los Angeles county for the sole be-
hoof and benefit of Ventura county.
The matter came up before the board
of supervisors yesterday in consequence
of Assemblyman Melick having written
to the board, asking for an expression
of opinion as to whether he should sup
port the measure or not. 1t might, per-
haps, be imagined that the bill in ques-
ton scarcely required time for consid-
Grafton at allrso far as Los Angeles
county is concerned. 1t reads as fol-
lows:
The herald., 1897-03-11
THE LIVINGSTON CASE
The Old Lady at Pasadena Still Contuma- =
cious

Mrs. Mary Livingston, thes old lady of
so years who has been embroiled in a
difficulty with her husband. who is SO
years old, has suffered arrest and is in
custody of the sheriff for contempt CT
court.
The history of this peculiar family
difficulty is extraordinary. On Septem-
ber 16, 1896, Mr.. Livingston filed his
complaint wherein he set forth seree
Of most sensational allegations. Mrs.
Livingston made answer on October g.
and on January 10 of this year the case
was heard. Judge Allen in lengthy
opinion held that the husband had not
deserted his wife, but that she had de-
serted him; that there was no commun-
ity property, and that from inflrmities
of age Mr.. Livingston could do nothing
for his own support. The court took oc-
casion to score severly Mrs. Elizabeth
Wheeler, daughter of Mrs. Livingston
by a previous marriage, for the part she
lad played in making discord between
The old people. and ordered that Mrs
Livingston pay by February 10th $2i
and on each first Monday In the month
thereafter to pay the sum of s24.
But Mrs. Livingston refused to pay,
and in order, apparently, to evade pay
ment she conveyed the property at Pasa-
dena to her daughter, Mrs. Wheeler. On
The herald., 1897-03-11
FOR DEPRECATED VALUE
The Buena Vista Street viaduct q Disturbii
Structure

| The Buena Vista Street Viaducf q Disturbin 2
Structure
To what extent may property owner
recover damages for the depreciation in
the value of his property, damaged by
reason of the iron columns and upper
structure of a viaduct obscuring his
premises and obstructing the street?
This is the question that is being
passed upon in the suit of G. W. Scott
against the Los Angeles Railway COM
pany. now on trial in Department five.
before Judge Shaw and a jury. c. c..
Wright, Esq, is representing the plain
tiff, while the law firm of Bicknell &
Trask are conducting the case for the
defendant corporation.
The plaintiff owns lots ~, 13, and ~ in
the Woodhead tract, abutting on upper
Main street, at its junction with College
street, which have a frontage on upper
Main street of "a feet and 10 inches. The
street itself at that point is Al feet in
width. There is brick building on this
property of Mr.. Scott which is occupied
by business firms that, it k alleged, are
wholly dependent upon the free and
unobstructed use and right to the use
of the street The plaintiff also is own
er of the fee of all that portion of upper
Main to the center of the street. subject
only to the right in the public to the use
of said land.
In March and April, 1896, the defend
ant unlawfuly, it is alleged, and in vio-
lation of the plaintiff rights ami
against his consent, constructed aui
now maintains in front of plaintiff 5
premises an iron trestle composed oe
girders, beams, rails and braces, and
supported on iron columns. and of con-
crete walls and piers. This viaduct ex-
tends the full length of plaintiffs 'front.'
age, and formf a permanent and i'm
paSsable barrier 1t also shuts out the
light and renders the premises insight .
ly, undesirable and inconNenient as a
place of business it excludes
plaintiff and other persons from con-
venient access to the premises, and pre-
vents the use of the street in the usual
and ordinary manner, and as was en-
joyed for period of twenty years.
AS damage in these premises the
plaintiff asks that he be awarded $40, 600
and costs,
The testimony yesterday bore almost
entirely upon the value of the plaintiff ;
property before the viaduct was buil.,
and at the present time. In a general
way the evidence showed that the prop
erty had declined in value nearly fifty
per cent, but on cross examination the
inference that this decline was the direc;
result of the viaduct being built was
somewhat minimized.
The further hearing will be continued
today.
The herald., 1897-03-11

money. have now left in Honolulu or
on the way over the $50, 600 that was the
Austin mortgage. There Is in Welch
& Co.'S hands $33S4. First National
bank $517, Los Angeles County bank
s792, making s24,693. One-half of this
/ give to you, as well as the Conmans
place, that you have a deed or, ana IL
/ ever get back any portion of that
$40, 900 on the other place I will divide
with you 1t will be necessary Tor US
to remain as we are for time, until
that money comes from Honolulu, when
! will divide with you. Annie, this has
been a very unfortunate affair ior poth
of us, but it has been no fault of yours
l am the only one to blame. 1t is use
less to make any protestations, for l
know that you will not believe anything
1 say, but God knows l married you be-
cause loved you dearly-for what else
could have married you? But can
not write. / wish could see Mr.. Has
tings. would like to consult him. Your
husband, A. H. SPENCER.
After submitting the above and the
other letters in evidence as exhibits,
in the case, the plaintiffs rested their
case.
In opening for the defendant a depo-
sition was first put in and read, and
then Mrs Kelly, woman who used to
work at odd times for Mrs. Spencer at
the Broadway house, testified. She de-
scribed the old man as anything but
the weak-minded individual heretofore
represented, and told how he slept on
a small camp bed in Mrs. Spencer's
room. She contradicted also the asser
tion that had been made regarding the
delivery of mail at the house. She her
self had received letters from the post
man and handed them to Mr.. Spencer.
A variety of details of this kind were
given by this witness without however,
developing anything very startling.
The further hearing will be resumed
his morning
The herald., 1897-03-11
KICKED BY A HORSE
A Carpenter Painfully Injured While Helping
Shoe the Animal


AT 4:S0 o'clock yesterday afternoon G.
w. Garrison. a carpenter residing at 225
San Pedro street. was brought to the re-
ceiving hospital with a broken leg.
which had been sustained by the kick OF
a horse. Garrison had taken fractions
colt to the shop of H. L. Mcclellan at
317 Also street to have the animal shod.
The horse was restive and hard 20
handle, and Garrison assisted the horse
shoers. He was attempting to put q
rope around the hind foot of the animal
when it let fly with its hoofs. catching
Garrison on the left leg midway be-
tween the ankle and knee.
DR.. Hagan attended the patient at the
hospital and found that the bones of the
leg had been broken in two places. FORM
ing a bad compound fracture, while
deep cash had been cut in the flesh by
the sharp hoof, the wound bleeding pro
fusely. The injured limb was dressed
and Garrison removed to the county
hospital.
The herald., 1897-03-11
THE RAILROAD FIGHT
The Application for an Injunction Against the
Los Angeles Railway Withdrawn

When the suit of w. S. Hook against
the Los Angeles Railway company was
called in Department two yesterday af-
ternoon and a battle royal was expected
between the titans of street railways.
the whole thing fizzled out.
By stipulation of counsel on either
side it was agreed that the application
for an injunction "pendente lite" be
denied without prejudice, the restrain
ing order dissolved and in consideration
of the stipulation the penalty upon the
bond filed upon issuance of the re-
straining order, be remitted by the de-
PENDANTS.
And so-the matter having been set
tied out Of court-the threatened trou-
BILE vanished into thin air.
The herald., 1897-03-11
The Divorce Mil

Charles S. Howard yesterday filed his
complaint in divorce against Eleanor d.
Howard. on the ground of desertion.
Lizzie G. Burtt, who follows the
business of a milliner, was yesterday
granted a decree by Judge Allen divorc-
ing her from G.. NJ. Burtt, on the ground
of the latter's failure to provide.
In the suit of Agoure VS.. DAWN, tried
in department three, being a suit to re-
cover about $4,000 on note, the jury re
turned a verdict for the plaintiff.
The marriage of Will Quinn with Mary
F. Quinn was annulled by Judge Shaw.
The couple married only a few months
ago, and then it was discovered that the
first husband OF the bride, from whom
she had never been divorced, was still
very much alive.
The herald., 1897-03-11
New Suita Filled

The following complaints in new suits
were yesterday filed in the superior
court:
The estate Of Guy, Elsie and Achsah
Tyler minors-The petition of Wat Ty-
Ter, a brother, that he be appointed
guardian, in consonance with the wishes
of said minors. The estate consists Of
Il three-sixths interest in property left
in trust by the father for the benefit of
the six children. The trust has termin-
ated and the residue is about to be con-
veyed to the beneficiaries.
The G. Cohn company VS.. Reynolds &
Watkins-A suit to recover $360.10 for
The herald., 1897-03-11

miston of Riverside and was introduced
in the assembly by Assemblyman Lin
denberger. 1t has passed both houses
and is now in the governors hands. A
certain degree of opposition has recent
ly developed and the boards of supervis-
ors of the southern counties are fall
ing into line in forwarding endorsements
of the measure. The bill provides for an
increased width of tire on the wheels
of any vehicle carrying beyond GER
tain weight. Letters have been received
from Orange and Riverside supervisors
and these were yesterday endorsed and
will be forwarded to the governor.
SALOON LICENSES
The application of M. Lawrence for a
saloon license at Arcadia was set for
the 7th inst; the application of e. ].
Baldwin for one at Santa Anita station
was set for the same date; the applica-
ton of NJ. Lawrence for hotel license
for the Hotel Oakwood at Arcadia was
approved,
The herald., 1897-03-11
AN ACT

To Amend an Act Entitled "An Act to
Create the County of Ventura to Es-
tablish the Boundaries Thereof, and
Provide for its Organization" APP
proved March %, 1872, by Amending
Section Thereof so as to Include
the Whole Of the Rancho Conejo
Within the County of Ventura.
The herald., 1897-03-11
.JOTTINGS
Our Home Brew

Maier & Zobeiein's lager, fresh from their
brewery, on draught in all the principal
saloons delivered promptly in bottles or
kegs. Office and brewery. 40 Also street;
telephone 81.
The herald., 1897-03-11
Anheu user Bar and Cafe,

24s South Spring street. Los Angeles. Cal
Telephone No. 935 main. Entrance to cafe
through natatorium on Broadway. ad-
joining city hall.
The herald., 1897-03-11

Hawley, King & Co., cor. Fifth st. and
Broadway, agents genuine Columbus
Buggy company buggies and bicycles.
The herald., 1897-03-11

Largest variety Concord business wag-
ons and top delivery wagons. Hawley.
King & Co.
The herald., 1897-03-11
BORN

Agents Victor. Keating ana World bicy
cles. Hawley. King e. Co.
The herald., 1897-03-11
Timing Laws

The mining laws as revised by the pres
ent legislature, per copy, 10 cents. N. A.
Wolcott G. Co.. 12S South Broadway.
The herald., 1897-03-11

Everything on wheels. Hawley. King &
Co.. cor. Fifth street and Broadway.
The herald., 1897-03-11
For Mirrors or Bexeled Plate Glass

Fur WITrurs OF beVeIeu Ffute OIusS
Go to H. Raphael & Co.. who are the man
ufacturers of them and you will make a
large saving. No. 43S and 440 South Spring
The herald., 1897-03-11

To Cure Cold In One Day
Take Laxative Bromo Quinine Tablets.
All druggists refund the money II 1t
fails to cure. 25c
The herald., 1897-03-11
Court Notes


lido Mendelowitz. native of Rou-
mania, was yesterday admitted by
Judge Allen to citizenship.
In the suit of c. V. Stansbury ct al,
against ]. o. White ct al, an action to
foreclose a street assessment made for
the Improvement of an abutting street.
Judge Allen yesterday handed down an
opinion in which Judgment is awarded TO
the plaintiff. This finding also applies
to the companion suit of the same title.
The suit of Gibbs VS.. Gibbs, an action
for support of the plaintiff and her child.
rather than for divorce, was yesterday
submitted on briefs in department six.
these to be filed before Saturday.
The young girl, Florence M. Thomr-
son, who, after acting strangely in
Main street drugstore, was examined
as to her sanity and was committed 20
the county hospital was again before
Judge York yesterday. Drs Dodge and
Mathis adjudged her insane, albeit the
girl showed signs of improvement, but
upon their recommendation that the
case be continued for two weeks the girl
was remanded to the care of the sheriff
r. d. List, who is friend of the family,
offered to care for Miss Thompson dur
ing the next two weeks. and he was
sworn in as a deputy for the purpose.
The herald., 1897-03-11

merchandise sold upon request Of de-
oendant, with interest and costs.
The estate of Caroline Cleminson. de-
ceased-The petition OF James d. Glenn
inson. q son. for letters of administration.
The estate consists of 80 acres of land at
FL Monte and other property aggregat-
ing In value about $4,000
The estate of Manley A. Thayer, de-
ceased-The petition of Amelia Thayer,
the widow. for letters of administration.
There Is no property.
George A. Tibbet VS.. Tom Sue and
Ham Gee--A suit to recover $500 on a
note, 500 attorneys fees and costs.
George X. Hill VS.. John Gray-A suit
to recover $191.25 on a mechanics lien
against property on Eighteenth street,
between Griffin avenue and Stanford
avenue.
Annie M. Lund VS.. Gesche Brunjes ct
ALA suit to recover $2070 costs and re-
cree of sale against certain properties
liz the towns of Azusa and Gladstone.
L. G. Palmer VS.. J. F. Sterling ct al
A suit to recover s43.62 for street assess
ment due for lot s, block IL, of the
Brooklyn tract, Brooklyn Heights.
Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1897-04-09

different from the soils to which the
staple crops of the agricultural world
were indigenous. For these lands
some new plants are u scientific proba-
Dllity. There is no field that has not
a prolific weed growth This is logical
evidence that the properties Of fertility
are present in these fields This is also
evidence tina. the adherence to exotic
crops Is the chief cause OF failures from
soil or climatic conditions.
This Idaho pea, the new gift OF SCI
ence to the farmers promises to make
the lands like the Tammany belt in
this valley the most valuable in the
country. The estimated food value of
this forage crop is double that of wheat,
when each crop is planted on land
best suited to each. This makes the
average crop Of an acre worth fifty dol
lars. The science Of agriculture has
been neglected in the past. The great
est blessings OF the near future will
come from improved farm methods.
Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1897-04-09

The Tribune's latest effusion
abounds in innuendo and personal
filings. These are highly amusing
vet not very instructive and wholly
inmaterial to the subject matter OF
this controversy. The fusion party
went into power under the cry OF
retrenchment and reform. The
record shows that they retrenched
nothing and reformed nothing.
They charged the republican party
with corruption and extravaganza
but could prove neither. They
themselves stand convicted of cor
ruption bribery and inefhciency.
Paid lobbies influenced all import.
ant legislation They defeated
the railroad bill; they defeated
the deficiency judgment bill; they
manipulated the fee bill till its
effect will be nullified To make
a pretense at retrenchment just
bills that had received the approval
of the supreme court were rejected,
and the departments Of state cut to
such appropriations as will render
their usefulness imperative. When
all this was done still the tax levy
is the highest ever known. Can
you Mr. tax payer when asked to
pay higher taxes see where your
share of the 81 900 comes in?
Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1897-04-09
Farmers Should Study Their Own Business

The farmer should study business
conditions. The merchant to be
successful must study the tastes
and needs OF his patrons. There is
no excuse for the complaints OF
hard times on the part OF the farm
ers at this time in the Lewiston
valley, except in the fact that they
did not exercise due foresight in
their business. Every farmer in
the country has devoted his ener-
gies and agencies 10 the production
OF wheat. This cereal may be the
chief crop for export, that can be
produced extensively on their
lands; but that tact does not Justify
exclusive wheat farming There
never was aud never can be a
prosperous farming community
which depends upon an exclusive
crop. Nature revolts against the