davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-11-29
HUGHES DIsBARMENT
Must First Be Prosecuted for Larceny
or Burglary

H. j. Hughes came before Judge Van
Dyke yesterday in response to citation to
show case why he should not be disbarred
from the practice of law on account of unpro-
iessional conduct. Deputy District Attorney
Willis appeared for L. W. Alexander, the
applicant, and Mr.. Hughes was defended by
l.. c. Whitney.
A motion was made by defendant for the
dismissal of the application, three reasons
being given therefor; first, that the accusa
tion did not state facts sufficient to consti-
tute cause for dlsbarment or suspension; sec
ond, that the accusation was not verified as
required by law; third. that the purported
verifcation was insufficient. in that the
same was merely alleged matters not within
the knowledge of petitioner, but merely upon
information and belief. such verification not
being such is required by the state law.
The matter was argued both by Mr. Willis
and Mr. Whitney, and the court held that if
such a state of facts exists as is claimed by
the application, Hughes should be prosecuted
for burglary or larceny, being entitled to
Jury trial. If convicted either of a mistle-
meanor or a felony, that fact alone would
he sufficient upon which to base an applica-
ton for his disbarment.
'luQEt all l)N ht llciI II IluHlleS were Hull-
ty of anything he was guilty OF crime, or
far more serious offense than mere unprofes-
sional conduct. and advised his criminal
prosecution. The motion to strike the ap-
plication from the files was granted. the
proceedings for disbarment being regarded as
improper on such grounds without convic-
tion for such offense.
Mr. Willis is authority for the statement
that a complaint will now be sworn out
by Alexander in the Justices court charg-
ing Hughes with the more serious offense, it
being the determination to sift the matter
thoroughly.
HUGHES is the LAWYER who is alleged to
have gone with Sam Sweitzer to Redondo by
niaht to remove goods and money from the
Unique saloon. which were the property OF
Alexander under and by virtue Of bill of
sale executed that day or evening in the
settlement of the partnership existing be-
tween Alexander and Sweitzer. After serv-
ing as AleXander's attorney, it is alleged that
Hughes instigatea his opponent to remove
five property Of his former client. and that
Hughes and Sweitzer divided the same be-
tween them
The herald., 1898-11-29
THE FARCE ENDED
Ricardo Machado Released From Jail
Yesterday

Ricardo Machado, the little Mexican boy
who was charged with the murder of Eddie
Schmitt at San Pedro, Sept. 10th, was re-
leased yesterday. Deputy District Attorney
McComas stated to Judge Smith that the
jury at the preceding trial had stood to
in favor Of the acquittal OF the boy on
the first ballot, and he saw no reason for
expecting that conviction could be had
on the evidence obtainable. He therefore
moved that the information be dismissed.
The court granted the motion and the lit.
tie fellow was ordered to be discharged. lie
is now with his mother and little brothers
at San Pedro.
In connection with this case. it may be
stated that the jury at Ricardo's trial final
ly stood IL for acquittal. only one old stager
hanging out for the conviction of the boy
OF manslaughter. Even he might have given
consent to an acquittal had the jury been
kept out little longer but after some two
hours deliberation the jury was discharged.
Ii was such simple case that it seemed
ridiculous to hesitate so long over verdict,
and so the jury was excused
The boy has been in Jail little over two
months.
The herald., 1898-11-29
HAD A LIFE SENTENCE
Gleason, Sentenced for Murder, viii
Have New Trial

A decision of the state supreme court was
received yesterday by Deputy Clerk Martin
from San Francisco, in which a new trial is
awarded to T. NJ. Gleason, who was con-
victed of murder in the first degree at Ba-
ker,fied for having shot one Cotton and
sentenced to states prison for life.
In its instructions to the jury the court
gave the following instruction at the re-
quest of the prosecution: You are in
structed that the people are not permitted
to assail the character of defendant on
trial in criminal case until the defendant
has himself put his character in issue by
calling witnesses and offering evidence in
its support; and, unless put in issue by the
defendant, the people can in no way attack
his character.
The object of the prosecution in asking
this instruction the court is unable to dis
cern, but the evident effect is construed to
be to suggest to the jury that the prosecu-
ton, if it had an opportunity, might posi-
biz have shown that the defendant was not
man of good character and to excuse their
failure to make such showing upon the
ground that he had not offered evidence
in support of his character.
This is held to have been in violation of
defendants rights, although a correct rule
of law The rule is for the guidance of the
court in determining the admissibility of
evidence and not for the guidance of jury
in determining the effect of evidence which
has been admitted for their determination.
Other objections were made by Gleason's S
attorneys on appeal, but on account of the
instruction, improperly given, new trial
is ordered.
Opinion is by Justice Harrison, Justices
The herald., 1898-11-29
CHARGED WITH RAPE
Man Arrested for Alleged Abuse Of
His Stepdaughter

Ed Thomas was arrested near the Soldiers
home at Santa Monica yesterday by Con-
stable 1onkin on a warrant charging him
with rape. J. W. Hart accused him of this
crime committed upon the person of Lizzie
Hotchkiss, the step-daughter of Thomas,
and from his account very revolving state
OF affairs was presumed to exist.
The little girl, who is only IL years old,
told a straightforward story to Deputy Dis
trict Attorney Williams, denying that any
thing more serious than undue liberties had
been taken by Thomas. and it appears that
he had been drinking at the time. She said
also that Hart was not on good terms with
Thomas. being iLcensed because of his cool
ness when calling at the house of the latter,
and she said that her statement Of the al
legged assault, made Immediately to her
mother, had been told by her to her aunt
and by her passed along to Hart, with final
eXaggerations well-nigh- approaching those
of the ''Three Black Crows"
Thomas was taken before Justice Young
for arraignment and his preliminary exam
nation was set for tomorrow. Meanwhile ne
is lodged in the county Jail
The herald., 1898-11-29
TWO FOR THE ASYLUM
Negro Crazy on Religion, White Boy
for Drunkenness

Mrs. Sarah Wesley, a colored woman, who
is under the influence of Minerva Williams,
the negro voodoo priestess, was examined as
to her sanity yesterday and ordered by Judge
Allen to be committed to the Highland asy-
lum. The woman is 80 years old and is COM
pletely daft on religion, imagining that she is
the wife of Christ and that she has seen
both the Savior and the devil, with whom
she has held conversation. Messages from
God direct the colored woman fancies she
has received, ordering her to save the world
She obeys the priestess implicitly and an
noys people persistently with her delusions.
Foster NJ. Price of 532 South Main street
was also adjudged deserving of treatment
at the asylum as an inebriate. He has been
under the influence of liquor most of the time
of late, and has developed suicidal ten
dency. He is only 16 years old, and his
father is hard drinker. Foster will go to
Highland for treatment.
The herald., 1898-11-29
REAL ESTATE MEN SUED
Owners of a Subdivision Want the
Balance Due

Suit was brought by Thomas and Caro-
line Leahy yesterday against Easton, Ed
ridge u Co. for $22j4.44 and per cent inter
c, thereon since September :, 1897, and for
costs of suit.
In their complaint plaintiffs set forth an
agreement mutually entered into by them
selves and defendants for the plating and
sale of lots in the Eghth-street tract in this
city. BY its terms the defendant company
was to advance not more than $l20O for pre-
lminary expenses of mapping. advertising
and exhibiting the property. which sum was
to be repaid out of the first receipts from
sales
In return Tor its services as agents. the
defendant company was to receive 5 per
cent on the gross sales and one-third of all
suns of money received for lots in excess
of the minimum price of 5000 for each lot
Terms OF sale, as distinctly provided for in
the contract, are mentioned in the complaint
as are also Endorsements on such agreements
extending the time for specific performance
OF its terms and reducing the minimum price
OF lots to $50.
The amount sued for is in the nature Of a
balance due, under the terms of the con-
tract, but serious allegations are made
against defendants in connection with the
handling OF the property. Plaintiffs allege
that the defendant company has repeatedly
attempted 20 settle for lots at prices much
less than the prices at which sales have
been closed. and various instances are cited
in which different amounts have been re-
ported at different times as the prices for
which individual lots have been sold. a
mortgage back in one instance being taken
for $3.50, when the total amount of the sale
had been rerorted as S3lj
It is further ALLEGED that discounts. in
some cases ranging from 50 to GO per cent
allowed By those doing street worl, and per-
forming other services have been enioved by
defendants, who have nevertheless charged
.the full amount Of the bill AGAINST the prop-
crty. These charges are characterized as
unscrunulous and a fraud on plaintiffs. who
claim their proportionate share of all dis
counts.
reference is made to A. IT. Ouatman. who
is altered to he tool or dummy Of the firm.
anA IT is alleged that George Easton. by
r"ver OF attorney for Ouatman, has been en-
f''H1 to nurchase ot low firure wel-lncatod
r'1 ohoico lots which have been sold for the
r"oft of defendants at an advavoc. Never
tAeless, desiring to conclude all business
The herald., 1898-11-29

Luther C. Russell, public administrator OF
that county, and letters OF administration
with the will annexed were issued to him.
From such Judgment the executrix who had
been removed appealed, basing her appeal
on the judgment roll alone.
Her removal was due to the fact that
she was resident of Rochester, n. Y, at
the time she was appointed executrix and
returned and resided continuously there at
ter the issuance of letters TO her, not sub
mtting herself to the jurisdiction of the
court or personally conducting the affairs
of the estate: furthermore she never filed
an account of her administration except
an account filed after application for her
removal had been made.
The court holds that the trial court had
the power to revoke the letters and that
the findings justify its exercise, the stat
utes forbidding the appointment OF non
resident as administrator.
The decision is by the commissioner and
indorsed by Justices Henshaw, Temple and
Mcfarland.
The herald., 1898-11-29
Court N otes

Ida l.. Watrous has sued Henry A..
Watrous for divorce. Florence NJ. Acker-
man also asks for a divorce from Jean j..
Alderman.
Judge York yesterday heard and took
under advisement the petition to reduce the
amount required to be paid for the support
and maintenance of Mrs. Lovena Lampson,
an insane person.
The trial of Charles A. Cove for obtaining
money under false pretenses was set yester.
day for Jan. 8th. He is charged with having
swindled H. j. Loomis out of $l100 on bogus
jewelry as collateral security.
d. A. Ross petitions the superior court for
letters of administration on the estate of
Joseph Stamford, deceased. Property
worth $500 was left by Mr.. Stamford, who
died in this county Nov 4th.
The herald., 1898-11-29
The Symphony Orchestra

The symphony orchestra's second concert
of the season will be given at the Los An
geles theater this afternoon at o'clock. The
following strong and interesting program
viii be presented:
Fabrice March (Kretchmer); overture,
Der Wassertraeger" (Cherubini; Mala.
guena from Boabdil (Moszkowski); theme
and variations (Proch); fourth symphony in
b major (EIaydn): l-Adagio, D minor;
Presto, d major; 2-Andante, G major; g.
Menuetto eTrio, d major; 4-Final, Vivace,
ID major; Raymond overture (Thomas). So
lost, Miss Mollie Adela Brown.
The herald., 1898-11-29
Stuhr's Creditors Appeased

The final account of Louis Schwarz, assig-
nee of the estate of Henry }. A. Stuhr, an IN
solvent debtor, was approved by Judge Shaw
yesterday, and he was ordered Immediately
to pay to each of the creditors dividend of
4.25 per cent upon the claims proved, other
than the preferred claims, which is all such
creditors will recover.
The herald., 1898-11-29

transactions with the defendant company,
plaintiffs elect to treat all such transactions
as sales in the first instance, and, after stat
ing the amounts due and cash paid, they
ask Judgment only for the balance. They
object, however, TO the arbitrary deduction
of $1,000 as expenses accruing from the ad-
vertsement and other incidental expense OF
placing the subdivision on the market, al
leging that the bills of expense have been
nodde1
The herald., 1898-11-29
Bill-Posting War Renewed

In an opinion filed yesterday, Judge Allen
granted defendants motion to vacate and
set aside the judgment and default entered
in the case OF the Merchants Ad. Sign com
pany against the Los Angeles Bill Posting
company, and upon the defendants paying
to plaintiff the sum of Sl25 as additional
fees and costs an order will be entered re-
opening the case.
The herald., 1898-11-29
DEA Ills

UBIL-At No. 1923 North Broadway, Mo-
vember 28, 1893, Daniel Ubil Of Chester
county Pa. aged 10 years.
The funeral service will be held at tho
parlors of Bresee Brothers, Broadway and
Sixth, Wednesday afternoon at o'clock.
Friends invited.
The herald., 1898-11-29
Search Warrant Sworn Out

Hans Nicholson has lost a revolver, a
suit of clothes, overcoat, etc, all Of the
value of $40. Believing his property to be
concealed in the house of o. Myers, about
one and half miles from the Hammel Il
Denker ranch, near the Santa Monica eec
trio road, he swore out search warrant in
Justice 1oung's court yesterday against
John Doe" who will be taken in charge if
the goods are found
The herald., 1898-11-29
Suit for Surgical Services

Judge York is trying the case of Smith
against Ballard ct al, suit for an unpaid
balance of bill for professional services
rendered by the late DIR. Prayer. The de-
PENDANTS are colored people and they have
paid $500 on account, but $3.50 is claimed
vet TO be due on account
The herald., 1898-11-29
Judges Absence Was Error

c. i. Tupper, who was convicted OF at
tempting to smuggle gun to Kid Thomp-
son, will get a new trial, Judge Smith hav-
ing been absent from the court room for a
short time during the argument of the case.
Appeal was made on the ground of error,
and the supreme court holds that error was
committed. argument of a case to the jury
being as much part of the trial as the i'll
PRODUCTION of testimony
The herald., 1898-11-29
NON RESIDENT EXECUTOR
Her Removal Sustained by the State
Supreme Court

The supreme court, in decision which
reached Los Angeles Yesterday, affirmed
the decision of the superior court in River
side county in the matter of the estate OF
Morgan G. Kelley, deceased.
Letters testamentary issued to Frances A.
Van Voorhis were revoked on petition OF
The herald., 1898-11-29

ment are Mesdames Daggett, Winder, Da-
Wis, Hageny, Narver, Wilson, Parry, John
son, Smith, Rucker, Airhart, Osborn and
Ryland. The reception committee consists
OF Mesdames B. W. R. Tayler, J. E. Cowles,
W. NJ. Whittemore, j. Knewing and Miss
Mccullough.
The herald., 1898-11-29
Suing for Divorce

Harriet A Boutwell,, who is suing her hus-
band for divorce on the grounds Of adultery
and cruelty, was yesterday awarded $50 per
month aimony by Judge Allen. Her cause
was set for trial Jan. 3d.
The herald., 1898-11-29
JoTTIN0s

Lovers OF good driving horses cannot
miss It by buying one of our No. 3 Chester
Columbus Buggy Co.'s driving wagons
They have the Bailey hangers, long-dis.
tance axles and quick-sh....ng shaft coup.
Hnps Hawley King & Co.
The herald., 1898-11-29
A COUNTY QUARREL
Supreme Court Will Not Amend the
Ruling of Commissioners

The decision of the supreme court in the
case Of the county of San Diego, plaintiff
md roenon5ant. AGAINST Riverside county,
defendant and appellant, arrived at the Of
The herald., 1898-11-29

A high stool or chair will be found great
convenience in the kitchen, enabling the
housewife to sit down while doing work
that must be done on a table
The herald., 1898-11-29
Our Home Brew,

Maier & Zobele.n's la ger. fresh from their
brewery, on draught in all the principal
saloons: delivered promptly In bottles or
kegs. Office and brewery, 440 Also street.
Telephone 81.
The herald., 1898-11-29

New styles of vehicles constantly arriv-
ing. Be sure and see them. Hawley, King
G. Co., corner Broadway and Fifth st.
The herald., 1898-11-29

All prices Of wall paper greatly reduced,
A. A. Eckstrom, a24 South Spring street.
The herald., 1898-11-29

Temple, Mcfarland and Henshaw concur
ring.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-03-01
REINDEER FOR ALASKA.
an Unusual Cargo of Living Freight
Brought by the Manltoban.


Brought by the ManItoban.
Jersey City, March 1.-The arrival of
the Allan line steamer Manitoban at
the Pennsylvania railroad stock yards
pier yesterday caused an unusual
amount of excitement. Never before has
any vessel brought to this port more
interesting cargo of living freight than
that which the liner Manitoban landed.
On board the big vessel, which left
Alten Norway Feb 4, were ia Lap
landers and Firms, men women and
children, together with 537 reindeer,
400 sleds, over 500 sets of harness, and
$500 bags of moss, with which to feed
the deer.
This motley group constitutes the
government relief expedition to Klon-
dixie sufferers, and they all arrived
safely after voyage of 23 days, under
the careful supervision of Dr. Sheldon
Jackson.
All the Laplanders and many of the
Firms We're dressed in the clumsy fur
clothing and peculiar headgear of the
Arctic region. Every one of them
WED with the others in wearing bright
colored ribbons, handkerchiefs, neck
laces and belts, as well as stockings.
Crimson, yellow and green predomi-
mated, while purple, blue, orange and
other flashy colors were everywhere
in evidence
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-03-01
AN ILLEGAL STATUTE.
How a Western Judge Interprets
National Law.
INTBRFBRBs WITH STATE RIGHTS

Judge Rodgers Declares That the Sys-
TEN OF Government Inspection OF
Meat Is Unconstitutional." and
That Congress Exceeded Its Powers.
Kansas City Mo-. March 1.-The en-
tire system of government inspection
of meat which has been established
in the packing houses Of the United
States was declared to be unconstitu-
tional, ineffective and void in an opin-
ion handed down in the United States
district court yesterday by Judge John
Rodgers, who is sitting for Judge Phil
lips. An indictment against Harry
Boyer, foreman of the fresh meat de-
partment of the Jacob Dold Packing
company, charged with attempting to
bribe fresh meat inspector, was
quashed on the ground that congress
had no power to create the office of
meat inspector; that even If Boyer
had attempted to bribe an inspector,
as was charged in the indictment, he
did not commit an offense against the
government.
Under the decision of Judge Rodgers
packers may disregard the meat in
spectors without fear of successful
prosecution, because the law by which
the inspection was created has been
declared invalid. Boyer's attorneys
contended that the carcasses which
were inspected were not subjects of
interstate commerce, and that there
fore the government had no right to
impose police regulations at the pack
ing houses. In his decision Judge
Rodgers says:
Narrowed down, the simple ques-
tion is whether the duties alleged in
the indictment which the inspectors
were required, under the rules and reg
ulations of the secretary of agricu-
ture to perform were such as belonged
to the state of Missouri or to the
United States"
The powers of congress are expressly
granted or indicated by direct impli-
cation, the judge said, and he held that
the constitution made no provision for
the passage of laws creating packing
house inspection. Congress regulates
commerce with foreign nations, among
the several states and with the In
dian tribes, according to the provis-
ions of the constitution, but Judge
Rodgers quoted several decisions to
show that the killing of beef at pack
ing houses could not be classed as in
terstate commerce, and that congress
had no right to interfere with mat
ters that should be controlled by the
several states.
John r. Walker, district attorney, in
arguing the demurrer, held that the
system of packing house inspection
was created under the general well
fare clause of the preamble of the
constitution in which the words pro
vide for the common defense" are used.
Judge Rodgers held that this is not
applicable. A similar expression oc-
ours in section 8, article l, of the con-
stitution, but this has been supple
mentary merely to a preceding pro-
vision concerning duties and taxes.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-03-01
Free of Charge to sunerers.

Cut this out and take it to your druggist and
get a sample bottle free of DIR. Kings New
Discovery, for Consumption. Coughs and
colds. They do not ask you to buy before
trying. This will show you the great merits
Of this truly wonderful remedy, and show you
what can be accomplished by the regular size
bottle. This is no experiment, and would be
disastrous to the proprietors, did they not
know it would invariably cure. Many of the
best physicians are now using it in their prac-
tce with great results, and are relying on it in
most severe cases. 1t is guaranteed. Trial
bottles free at A. Wasley's drug store. Regu-
lar size so cents and SI.oo.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-03-01
Actor Ratcfine,s, ,rribulatlons.

New York, March 1.-Yesterday af-
ternoon Actor Radcliffe was taken be-
fore S. p. Paul, referee in the suit for
divorce brought by Caroline r. Rat
cliffe, the English wife. Reporters were
excluded, but at the close of the hear
ing one of the attorneys said that
Ratcliffe admitted that the woman
had been legally married to him. I'm
mediately after the hearing before
Refree Paul there was a similar one
before Thomas c. Kinney, referee II
Alice DeLacey's suit for annulment Of
marriage. Ratcliffe was called ant
asked if he admitted the two mar
riages. He refused to answer on thu
ground that by so doing he might in
criminate himself. He also refused t
answer several other questions. Th'
hearing then came to close and Rat
cliffe was taken back to the Tombs.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-03-01
A Brutal Cnptnfn and Mnte.

Portland Ore, March 1.-Captain
Eben Murphy and First Mate George
Harvey, of the American ship George
Stetson, were yesterday held to answer
before the federal grand jury by Uni
ted States Commissioner Mckee on the
charge of gross cruelty to Amos Stone,
an ordinary seaman, who since the ar
rival of the ship in port, and in con-
sequence of brutality of the officers,
has been in the hospital for treatment,
his condition being that of a mental
and physical wreck. Stones parents
are said to be wealthy residents of
Baltimore
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-03-01
a Rrrde-s Sn1cIde.

Philadelphia, March Mrs. Leonora
Cushman, a bride of three months,
committed suicide yesterday by taking
carbolic acid, and DR.. Alexander Full
ton, a prominent physician in the
northeastern section of the city, end
ed his life last night by shooting him
self. The motive in both ceses is un-
known. Mrs. Cushman was "a years
of age. Her husband was Arthur
Cushman, an electrician, and they lived
at 942 North Twelfth street. Their mar
ried life was apparently harmonious,
but recently Mrs. Cushman showed
signs of dependency.