davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-03-29
no PICO'S vAPORINGS
ASSUMED KNOWLEDGE OF TWO
WoMEN's MATERNITY
AND CAUSED A BIG LAWSUIT
Judge Allen Decides That Dan Free
man is the Sole Owner Of the
Sausal Redondo

Judge Allen In Department SIX OF the su-
perior court yesterday gave judgment for
plaintiff in the suit to quiet title to large
and very valuable tract of land in the coun-
ty, recently tried wherein Col. Dan Free
man was plaintiff and the Abila Estate
company and others were the defendants.
The court says that viewing the case from
every light he is convinced that the claims
of the defendants are without foundation
or right.
In September, 1858, Antonio Abila, owning
the rancho Sausal Redondo, containing 1890
acres, died. leaving a widow, children and
grandchildren and will. Among his is
sue was a granddaughter, named Ascencion
Sanchez, who died some time after october,
1850, the time when Abila made his will.
The executors sold the ranch In 1868, and
the sale was confirmed by the courts, to
Robert Burnett, who owned 1t until 1885,
when he sold 1t to Col. Freeman.
The defendants claimed to be grantees
of Joaquina Pico de Moreno and Griselda
Pico, who are alleged to be illegitimate
daughters of Ascencion de SaPchez, Abila's
granddaughter and they asserted that be-
cause the order of sale by the probate court
of the Sausal Redondo ranch to Burnett
was irregular, they owned the interests of
said illegitimate daughters of Ascencion by
them inherited from their mother, and
that they had the right to assert the own
ership Notwithstanding the lapse of years,
on the ground that Burnett and Freeman
held possession as tenants in common only
by virtue of quit-claim deeds acquired by
Burnett from the Abila heirs.
The court disbeleved the maternity of
the Moreno and Pico women. which eman
ated solely from statements made by the
late Pho Pico. the last ex-governor of Cali
fornia under Mexican rule, who pretended
to be their father. Picos relationship to
these girls Judge Allen held to be creature
of his own assumption His self-confessed
Irregularities are sufficient to establish his
want of character. The evidence further
shows that the sale was fully consummated
in May, 1868, and that the right of any Abila
heir to assail the proceedings terminated
In 1871.
The herald., 1898-03-29
HELD TO ANSWER
A Conviction of Battery No Bar to
Assault to Murder

When the cause of Henry III. Metcalfe on
the charge of having committed an as
sault with intent to murder F. ]. Day on
March 14th, was called for examination
before Justice Young yesterday the de-
fendant's attorneys interposed a plea of
once in jeopardy. The court held that the
conviction of battery of Metcalfe did not
constitute properly jeopardy. At any
rate plea in preliminary examination
for felony could not be entertained by a
committing magistrate. Evidence was
taken in the afternoon as to the particu-
lars of the assault. Mr.. Day, the victim
of the assault, was sufficiently recovered
to be present. j. w. Conger. who was
walking with Mr.. Day, described Met
calfes unprovoked attack with a heavy
cane upon his friend who was felled to the
sidewalk and picked up in an unconscious
condition, his face deluged with blood.
The orangewood bludgeon which served
Metcalfe's purpose, and was split by the
force of the blow was introduced in evil
dence.
Mr.. Lamme tried to get the witness to
tell under what circumstances he had left
the office of deputy United States internal
revenue collector which he once held at
Fresno. The purpose of counsel for the
defense was to show that Conger had once
been in prison for emoezzing government
money, but Attorney Bacon objected to
this sort of cross-examination, only one
question upon the subject being permis-
sible, this being: Were you ever con-
victed of felony?' and this he was very
willing that he should ask.
Justice Young sustained the objection
but Lamme circumvented this ruling by
getting Conger to tell his movements from
Fresno to San Francisco, Alaska, and
thence down here. until he was sent to the
county jail by United States District Judge
Ross for misappropriating funds and fined
$25 each on three charges.
Other witnesses corroborated Conger's
version of the affray, but they were not
cross-examined, as they had no skeletons
in the closet.
Mr.. Day testified that on the day Of the
assault he was walking down Spring street,
near Third. with Mr. Conger. but he had
no knowledge of what happened to him,
except what he was told by others after
ward. He had not seen his assailant that
day. neither previous nor at that time
that he was knocked out. The first thing
he knew ne found himself in bed, and he
remained there until the following Friday.
Witness said that he had not yet recovered,
and was suffering severely from dizziness.
The defendant waived examination, and
was held to answer to the superior court
In the sum of $1,000 on the original charge.
The herald., 1898-03-29

trial has been aflrmed by the supreme
court. The district attorney appealed from
Judge Smiths order on questions Of both
law and fact. ignoring the constitution.
which limits the appellate jurisdiction Of
the supreme court to questions OF law.
The order for new trial had been grant,
ed by the superior court on the ground OF
the insuf1ciency of the evidence to justify
the verdict. Like all other Chinese murder
cases. this cause abounded in perjury. The
court believes that there was no abuse OF
discretion In granting the prisoner a new
trial and does not think that 1t should sus-
tain verdicts even against Cinnamon when
Il is manifest that they were procured ''y
perjury.
The herald., 1898-03-29
BOARD OF EDUCATION
Agreement Reached on Pico Heights
School Insurance Money

In the absence of President C. C. Davis.
Mr.. Braly took the chair last evening at
the regular meeting of the board Of educa-
ton. There were present Messrs. Bragg,
Conrey Webb, Poor and McInerney, men,
bers; Superintendent Foshay and Secre-
tary Averill.
A communication was received from the
Methodist Preachers association asking
the board not to permit the school children
to take part in the Fiesta parade. Refer
red to Fiesta committee.
Superintendent Foshay called attention
to the Teachers institute now in Session
at the high school building, and invited
the board to join the educational gather
ing.
The finance committee reported having
approved bills on the county fund in the
sum of $lS37.72 and on the city fund in
$48l.S5, and recommended their payment.
So ordered.
The committee on buildings reported
having come to an agreement with the in
surance agents for the sum of $500, and
recommended that this sum be accepted in
full for all claims for the loss Of the Pico
Heights school building, without prejudice
to the insurance companies. 1t also rec
ommended the acceptance OF $qU from the
Westchester Insurance company on the
furniture in the building. The report was
accepted, and the chairman named A. M.
Bragg to receipt for and receive the money
and pay it into the city treasury.
The election of a census marshal was
then taken up. The candidates were an
nounced to be A. L. Whitney, J. w. My
ers, N. T. Powell and Charles B. Christy
Powell received four votes to Mr.. Myers
two, and his election was made unanimous
Mrs. Murratt, ex-janitress of the Hewitt
street school, who was dismissed from her
job short time ago, was permitted to ad-
dress the board upon her grievances. She
claimed that no complaint had been made
against her by anybody, and that the
first she knew about the matter was read
| ing of her dismissal In the morning ps.
The herald., 1898-03-29
What Became Of the Checkp

The suit of P. W. McGrath VS.. August
Melsted, the National Bank of California
and E. Wiles was tried yesterday before
Justice Young. The plaintiff, on November
l6, 1894, gave Wiles SIS in cash and received
in lieu thereof a check for like amount
drawn by A. Melsted upon the National
Bank of California. During the night Nc
Grath's store was burglarized and the safe
blown open. Whether the check was de-
stroyed or stolen at the time was never as
certained, but McGrath knows that the
check was never paid 1t was to recover
the SIS and interest that he sued all the
parties connected with the transaction. The
court found for defendants.
The herald., 1898-03-29
WANTED TOO MUCH
The Vicissitudes of Business Life as
Exemplified in a Suit Over Note

In the suit of j. K. Miller VS.. T. f. Nc
Grath, Judge Allen yesterday gave judg-
ment for the defendant. In 1898 McGrath
tried to buy one-third interest in the firm
of j. K. Miller & Co. of this city. The mem
bers of the firm refused to sell an interest
based upon an invoice of the stock, but pre-
ferred to sell it to Miller at invoice price
plus $1,000, as the estimated proportionate
value of the good will. McGrath, who was
without means, then became clerk in the
store for several months
Ihe defendants father, however was a
rich man, and he caused contract to be
made with the plaintiff to buy a half-inter-
est in the store, to be determined by the in
The herald., 1898-03-29
THE POLICE COURTS
What Was Done by the Justices
Yesterday


Yesterday
Willie Childs was arrested Sunday by the
detectives, after having managed to elude
them for the past two months. Childs
was formerly an employe In the Broadway
stables, and In company with ]. ]. Kattc.-
ger and v. Mason. Is accused OF having
stolen quantity of laundry from wagon
that had been left at the stable. The
boys divided the spoil. 1t is alleged, and
whether they wore clean shirt every day
or sold the surplus supply was left en-
tirely to their own discretion. This Of
fense is alleged to have occurred the early
part of February. Mason was sentenced
to fifty days yesterday. and Kattinger will
be tried today. Childs will be tried this
afternoon.
No decision was given yesterday by JUS
tice Owens In the grand larceny examina-
tion of Frank Brockwell and Joe Cassulo.
who stole COW belonging to F. W. Alder
son last month. The case was continued
until April, when Alvoi & Caterer, the
italian butchers. who are accused Of hav7
ing bought the meat and been parties to
the theft will have their examination.
The battery complaint against Officer
Ross Phillips, growing out Of trouble with
Chinese was filed in tile city police court
yesterday. and Justice Owens set the case
for trial on April %
j. f. True and John Fisher paid $S each
yesterday for having violated the milk
ordinance. H. West did not fare so well,
and was fined SO, which he paid
Mollie Jackson. charged with burglary,
will be tried tomorrow by Justice Owens.
w. ]. Neargard escaped in Justice
Owens court yesterday on technicality.
A complaint had been sworn to In the JUS
tice's court charging Neargard with the
theft of IS from C. v. Smith. In view Of
the recent decision of the supreme court
sustaining the city police courts the
complaint had to be dismissed.
George w. Tower, charged with embex-
zling IS from Stephens, the bicycle man.
was dismissed in Justice Morrison's cSurt
for the same reason. ,2
Olaf Peterson. who disturbed the peace
some time ago, and was also arrested
for fast driving, was found guilty by
Justice Morrison yesterday. and Will be
sentenced today. Peterson caused Officer
Joe Miller a fight at First and Broadway
when he was being arrested.
The herald., 1898-03-29
"a Struggle for Life

Has existed for. the past year with the
well-known firm of Mclean of San Bernar-
dino. ''t.f
years and was favorably known among the
dry goods firms of Southern California for
the excellent quality Of merchandise car
ried by them.
Owing to the stress of hard times and
trade centering in the larger cities, they
have been forced into bankruptcy.
Their entire stock was sold last week to
the Broadway Department store Of Los
Angeles.
The herald., 1898-03-29
Prisoners Rearraigned

Francisco Melendrez and Smith McDon-
aid were brought from the county Jail to
the township justice court yesterday and
re-arraigned on the charge of having har-
bored c. W. Filkins, the burglar, after he
had escaped from the custody Of the de-
putty sheriff while being transported to the
penitentiary. This course was necessary,
as both the complaint and the information
upon which the prisoners were held were
found to be defective when the case Of Nc
Donald came up for trial in Department
one last Saturday. Their examination was
set for tomorrow at $50
The herald., 1898-03-29
An Insane Actress

Mrs. Jessie Moseley, an English woman,
30 years old, was committed to Highland
yesterday by Judge Clark. She is very
noisy, talkat!ve and incoherent, and i'm
agines that she Is being choroformed. Mrs.
Moseley is a divorced woman. who is by
profession an actress. She has lately re-
sided with her brother at Riverside.
The herald., 1898-03-29
Marriage Licenses

James A. Codori. aged "a years, native Of
Pennsylvania, and Olga L. Krause, agedN
years. a native Of Michigan, both residents
of Los Angeles.
Herbert w. Rulison, aged % years, a ma
tive Of New York. and Alice Vandevier,
aged % years, native of Missouri, both
residents of Los Angeles.
The herald., 1898-03-29
BUFFALO wOOLEN co,
Did Not Fail
An Erroneous Report

An Erroneous Report
It was circulated in business circles yes
terday that the Buffalo Woolen Co. had
failed. We will state that the Buffalo
Woolen Co. is in good standing and never
was in better condition to do business and
are at their old stand, 24S S. Broadway,
with a splendid sale on of suits to order.
$3.50. Sold elsewhere In town for $25. Call
and see us and get the old time fit and fin
ish, which we always guarantee to all our
patrons. Yours truly, BUFFALO WOOD
EN- CO., B. C. Angevine, manager.
The herald., 1898-03-29
Continued or to Be Set

Daniel Mcmahon and James Patterson
will plead on April 2 to an information
charging them with robbery. The second
trial of Daniel Mcmahon for grand lar
ceny will be set next Monday That OF
Joseph Rogers for robbery will take place
on May 9. The time for sentencing Frank
D. Crandall, convicted of manslaughter,
was continued till April 2.
The herald., 1898-03-29

WiWlliam J. Kincaid. resigned; Scott Riv-
er. Siskiyou county, Arthur Simon, vice
Greenbury Hick. removed.
A Widows pension of IS per month was
today granted to Margaret Kirlin of Los
Angeles.
Orland w. Maulsby was today commits
stoned postmaster at Santa Barbara, and
Sadie c. Tomlinson at Cajon, Cal.
The herald., 1898-03-29
Postal and Pensions

WASHINGTON, March 2e-The postof-
flee department has approved the lease of
station A of the Los Angeles for five years
from A. B. Whitney for $50 per annum, 1.-The
lease dating from July /.
California postmasters- -Cucamonga, San
Bernardin6 county, Charles B. Allen, vice
The herald., 1898-03-29

State Loan and Trust Company
OF Los Angeles. Capital paid up, $500 900.
A general banking business transacted.
Interest paid on savings deposits. Safe
deposit boxes for rent.
The herald., 1898-03-29
PERJURY DEPRECATED
Verdicts Not to Be Sustained Where
CorruptlY Procured

The order of the superior court of Los
Angeles granting Chew Wing Cow, con-
victed of murder in the first degree and
sentenced to Imprisonment for life, a new
The herald., 1898-03-29
JoTTINos
Our Home Brew

Maier & Zobelein'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 o.
The herald., 1898-03-29
Our Day Home

II you pay rent. come out today and see
our cosy Groom cottage. bath. pantry,
nice lot, to buy like rent, SIS a month. No.
1444 street. corner Fourteenth. Pico
Heights.
The herald., 1898-03-29

Largest variety Concord businsss wagons
and top delivery wagons Hawlsy. King
b Co.
The herald., 1898-03-29
BORN

Agents Victor. Heating. World and Marci
bicycles. Hawley. King & Co.
The herald., 1898-03-29

Hawley. King & Co.. cor. Fifth st. and
Broadway. agents genuine Columbus Bug
~ company buggies and Victor bicycles.
The herald., 1898-03-29

browns Bronchial Troches" will quick
ly relieve Bronchitis. Asthma, Catarrh and
Throat Diseases. Sold only in boxes
The herald., 1898-03-29
DEA THIS

RAPHAEI-To the wife Of r. H. Raphae
a son, on Sunday, March q, 1885,
The herald., 1898-03-29

Wall paper, late styles. low prices, Al
A. A. Eckstrom's. ~ South Spring street
The herald., 1898-03-29

Everything on wheels. Hawley. King
Co., corner Fifth street and Broadway.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-21
roRpEDo-BoAr DAVIS DISABLED
Bursting of Boiler TubeS-seven We"
Are Killed.

ASTORIA. ORE, october %.-Ihe TOT
pedo-boat Davis, which started on Ns
official trial trip to-day. was disabled oy
the bursting OF a number Of boiler-tuoes'
Seven OF the crew were badly scaided'
and three OF them died soon after reach
ing here. The dead are: c. McNealy, T.
Luthleo and II. Wood. The seriously IN
Iured: w. Woods, b. Ryan, y. Johnson
and A. Buehl.
Late tonight the four injured men
died. making a total of seven dead.
I.uithlie was coal-passer and WOODS
superintendent of the boiler-room. The
others were iremen.
THEORY OF THE ACCIDENT
The accident occurred In the COLUMBIA
river. about twenty miles above this city
The nature of the explosion has not been
made known. and an examination OK the
boilers will be required to determine eN-
actlv what part OF the boilers burst
The hest theory obtainable is that some
of the tubes of the outward boiler eN
ploded. owing TO arrangement Oh 'n'
automatic water-gauge, which perm'''e'
| the water to get TOO low.
Excepting for the havoc necessari''
wrought in the boler-room the boat j
| unin.ured.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-21
MIR. HENRY BACK FROM EUROPE
He and His Wife and Daughters Re-
turn After n Delightful Trip.

The Hon. W. W Henry returned to the
CITY last night with Mrs. Henry and his
daughter. Mrs. Harrison, from tour OF
three months on the European Continent.
Mr. Henry went, primarily, to attend
the meeting of the Congress Of History
of which he IS a member-held In Am
sterdam in honor Of the coronation or
tbe Oueen Of Holland. The party sailed
from New York to London on July 18th,
and landed at Tilbury after a delightful
voyage during which the ocean was in
unusual pleasure. They went to Scotland,
stopping on their way at windsor, OK
ford StrstfOrd-Cn-AyCn, kenlworth,
bennington. and Warwick. a week was
spent i'm Edinburgh. and Mr.. Henry was
esneciallv delighted with his visits TO Abb
botsford and Melrose Abbey.
From Edinburgh the party went to Har-
witch. and thence took steamer Tor
Amsterdam. They were present In tha'
city during the ceremonies incident TO
the coronation OF Queen Wilhelmina
though they were unable to gain admis-
sion to the tiny church in which the
coronation proper took place, for 1t was
scarcely large enough TO accommodate the
officials and press representatives..
At the History Congress were gathered
many accomplished scholars from al
parts Of the world Every country except
| Spain was represented. Japan sent some
| highly-educated men as her representa-
| tiyes The congress was in session aDou
| a week. and when il adjourned Mr.. Henrl
/ and his party went on 10 Antwerp. The.
spent three weeks in Paris, during all tn
| Drevfus excitement. and returned to Lon
| don. England was stirred up over IN
| Soudan expedition. and there was a grea
revival Of interest in all the works ant
| writings Of Inflated Chinese Gordon.
Mr. Henry is delighted with the resul
of his visit, and returns much benefited
I'm health. BY a fortunate circumstanc
he was prevented from sailing on tn
steamship Mohegan formerly known al
the Cleopatra, which was wrecked sew
| eral days ago. He had booked passage
on this boat. but she was lying up 70
repairs when she should have sailed an
| Mr.. Henry and his party were transferre
/ IN the Monitor.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-21
New Books.

The seaboard Airline has issued 'nlS
season three handsome illustrated book
lsts-"Winter Excursions" southern
p,,a, d" and "Sportsman's Guide.' These
are now ready for distribution and VIII
a. ssn, free of cost 10 any address. Their
winter Excursions gives full intorma-
ton in regard to rates and routes 70 .,l uhe
hest winter resorts in the country. The
..snortsman's Guide is one of the hand
.apest and most complete books OF It's
Kind ever seen by US. Its makeup is ar
,istic from cover 70 cover and II con-
tains not only information In regard to
hunting grounds. guides, dogs hotel
"a,es &c but a digest Of the game laws
Of the States covered by II and some ,ac ac-
tual experiences Of hunters along the @ hne
~ the seaboard Airline. The southern
p,res" booklet Is also very artistically
gotten up, and the Information contained
covers every point. Any or all OF these 5,
viii he mailed upon application 10 Mr. I.
Anderson. General Passenger Agent.
Portsmouth, Va.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-21
INSPECTION OF THE IMMUNEs.
They Are Found I'm Generally Goo"
Condition.

WASHINGTON, october @-rhe ooara
selected TO inspect five regiments OF I'M
r,unes has returned to Washington ana
made its report. The regiments inspected
were the Fourth. Sixth, Eighth seventh
I'd Tenth United States Volunteer In
fantry. These regiments were eAafn,i'eu
as TO their fitness for CUBAN uu.y. La.h
regiment was drilled and ihspeeseu VIZ W.,
and without arms. The troops w. -
.o,nsd NV the surgeon as 10 the con-
acton az their health. The books, pa
ars etc. were examined by captain
.orton. The report is to the enect tha'
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-21
THE CHRISTIAN CONVENTION.
Foreign Missionary society-Gr"tii'-
Inn Reports-New Officers.

CHATTANOOGA, TENN, October w.
To-day's session OF the Christian Foreign
Missionary Society began with devotional
exercises, led by A. 7. Myler. This was iol-
lowed by gratifying reports on the work
in Japau. India. and Africa. The annual
election of officers resulted as follows
President, c. l.. Loose, of Lexington
KY; Yice-Presidents, w. 5. Dickinson so,i
Of cincinnati; George A. Muuer, OF coy
ington. KY; J. A. Lord, of Cincinhau ,
b. c. Deweese, OF Lexington, ky'' anu
A. J. Spencer of Lexington. Ky.
Cincinnati: Treasurer, +. NJ. Rains OF
Cincinnati; Corresponding secretary a
Mclean. Of Cincinnati Auditor joseph
f. Wright, of Cincinnati a.,
The missionary conventions OF th'
Christian church closed to-day after
sessions covering one week
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-21

tance from the Colon. The Texas was
2-lO miles astern OF the Oregon The
indiana was l-2 miles astern Of the
Texas.
THE vIZCAYA GONE.
Position No. G. ll:05 A. M.-The vizcaya
turned TO run ashore. In the thrty-hve
minutes the vizcaya had sailed about
seven miles. and was of the mouth of
the Aserradero river. The Colon had run
l1-2 miles farther, and was more than
that distance In advance OF any of the
American vessels. The Brooklyn was
23-l0 miles distant from the Vizcaya and
slightly behind her. The Oregon was IL
miles from the ViZcaya. but nearer the
shore and somewhat more astern Of the
enemy The Texas was 27-lO miles from
the Vizcaya, and directly astern of the
Vizcaya. The New York was miles be-
hind the Iowa. The Ericsson had kept
along with the New York all the time,
and was at this position IL mile in ad-
vance Of her. The Indiana was nearly
40 mile behind the Iowa.
COLON sURRENDERs.
Position No. Z. 11:5G A. M.--The Colon
surrendered. In the two hours and ten
minutes from the last position given. the
tance. fhe Colon had run 25 IL miles
and was off the Tarquino river. The
Brooklyn was the nearest American YES
sell She had sailed 2S 1-2 miles. and was
24-1O miles from the Colon. The Oregon
was Az miles from the Colon, and
more inshore than the Brooklyn. The
Texas was 4-lO miles behind the Ore
gon. The New York was 92-lO miles from
the Colon. None Of the other vessels haC
come up, save the Vixen. which was
abreast of the New York This little yes
sci. in the beginning Of the fight, steam
| ed out 10 sea, and sailed westward on
course about 2 81 miles of that of tn
| nearest Spanish ships.
! The Iowa. Indiana, and Ericsson de
not go farther west than where the VIZ
| caya ran ashore. The Gloucester stoppe'
| by the Maria Teresa and Oquendo, a
| also did the Hist. The last-named vesse
| was not able to keep pace with the Ne'
| York and Ericsson. the vessels she wa
| with at the beginning Of the battle.