The herald., 1897-10-24
SAN DIEGO

SAN DIEGO, Oct. 23-(Regular Cor
respondence.) Henry Frank, aged about
60 years, who had lived many years in a
little cabin in Mission valley, was found
dead yesterday afternoon in his yard.
Frank was subject to heart trouble, and
was advised that his end would come
suddenly. He had been mending his
fence at the time of his death, and
when found had hammer in his hand.
AT the coroner's inquest this morning
verdict was returped of death from
heart failure. The deceased leaves
sister in Copenhagen, Denmark.
Mrs. Kate Wyatt gave a farewell re-
ception last night at her home, The
Gables, to her distinguished relatives,
Colonel Selden Smart and his talented
wife, known to the literary world as
Helen Gardener. One of the many pleas
ing features of the evenings entertain
ment was a happy rendition of negro
dialect by Mrs. Smart from one of her
books Colonel and Mrs. Smart started
later for their home in New York city,
visiting the coast cities en- route.
The case Of Amelia and w. G. Baker
VS.. the Southern California Railway
company is again before the superior
court and has taken on new phase de-
cidedly unfavorable for the defendants.
This suit was Instituted some four years
ago and claim for damages through the
loss of two cows that were killed by be-
ing run down by the train near Sorrento.
The first trial in the superior court re-
suited in a verdict for plaintiff for $lo0,
and. the defendants appealed to the SUI
preme court. The court ordered a re-
hearing of the case orr technical point,
and on a second trial in the superior
court Judgment was again given Tor
$3.50. The company again carried the
case to the supreme court and filed a
bond for stay of execution of the Judg-
ment. Plairtiffs counsel attacked the
validity of the bond, and yesterday af-
ternoon Judge Hughes decided that the
bond as filed could not legally stay the
execution. An order was then given the
sheriff to collect $780, which amourt was
on deposit to- the credit of the railway
company at the First National bank,
but for some reason the money was not
paid over This morning an aindaVi,
was filed with the court alleging consplr-
acy on the part of the bank offlclals 10
deprive plaintiffs of the money due
them. and an order was issued by the
court requiring Vice President ID. +.
Garrettson to appear in court and snow
reas why he should not be fined for
cor.empt of court-Judge Hughes incl
dentally remarking that If the allega-
tions were sustained fine OF $5OU or fVe
daysI Imprisonment would be very
mild punishment. The contempt pro-
ceedings have been set for hearing next
Friday morring, and the railway COM
pauy filed new bond for the stay OF
execution of Judgment pending the decl-
sion of the supreme court.
George Viberg and Charles Cooper, twi
bows about fourteen years of age. ar'
in trouble. as the result of taking in tbs
races at Los Angeles on stolen money
About two weeks ago Viberg's father
gave him permission to USE his horse
and buggy, and instead of returning II
he and young Cooper sold the outnt 1or
$14 and skipped to Los Angeles. war
rants were sworn to- charging the poys
with embezlement, and Thursday nighl
Viberg returned here and was arrested
Friday morning. Young Cooper was
arrested in Los Angeles, and returned
here on the noon train today.
The members of Company B., Seventh
regiment, N. G. c., held their second. an
nual shoot yesterday. The highes
score was GA out of possible IS, mad'
by Sergeant j. H. Simpson. The aver
age per man was 40.54
Capt. A. D. c. Fegley. formerly II
command of the Volunteer post in thi
city, has been promoted by Commando
Booth to second in commands in New
York City.
County School Superintendent Bale.
received today grammar grade life dip
Tomas for Emma Louis Lisco and Har
riet E. Matchin.
Jack Bevington, charged with assaul
to commit murder on Henry Washing
ton, has, been held to answer in the su
peror court under $4,000 bonds.
The funeral of John Polhingham, VIII
died here Tuesday from pneumonia, wa
held yesterday afternoon. Decease
was So years Of age, and came here 81,
months ago from Wisconsin, in the hop
to improve his health.
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MN A NCTDE