davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-10-19
SICK SOLDIER OF BATTERY c
Starts Today on His Long Journey to
Sweden

o. NJ. Ekman notified the managers of the
Red Cross yesterday that young Swedish
soldier, Joseph Odener, was i'll at the resi-
dence of Mr.. and Mrs. Children, 922 West
Thirty-sixth street, and needed some as
sistance. Odener formerly lived in Azusa,
and when the war broke out, enlisted in
Battery c, Third artillery, which was or.
dered to Florida. Before it left San Fran.
cisco Odener was taken ill andt after being
kept in the hospital three months, he was dis
charged as incurable. He came to Los An
geles and has been most kindly and gener.
ously cared for by Mr.. and Mrs. Children.
His malady being consumption, with little
hope of improvement, the young man was
very anxious to return to his home in Swe-
den. His countrymen in Los Angeles raised
money for his railroad fare and steamer pas
sage, but there being some other things
necessary for his comfort, they applied to
the Red Cross. Mrs. Griffith and Mrs.
Green went to see hun yesterday afternoon
and supplied him with money for his sleep
Mrs. Children will put him up luncheon
and the young soldier of Battery c will start
today on the long journey to the home Of
his childhood, Gutenbure, Sweden.
Herman Lehme, the young Dane at the
Sisters hospital, who has been so i'll with
typhoid fever, is improving rapidly and was
able to walk about some yesterday. The
other sick soldiers were all improving when
last heard from. The final clearing up at
River station was completed yesterday af-
ternoon and things around Red Cross head
quarters have assumed their normal condi-
tion. Three new members were added yes
terday, Flora M. Mckenzie, Jessie Mescall
and Rachel Askew.
The herald., 1898-10-19
lRCnITfCIS' AWARD
10 CONFIRMATION ALLOWED
ron PLANS SUBMITTED
WHITTIER TRADES BUILDING
Board Of Trustees Held by the Su-
preme Court to Have Exceeded
Its Legal Powers

The supreme court yesterday handed
down q decision denying the petition OF the
trustees Of the Whittier State school for a
writ of mandate ordering E. p. Colgan, con-
troller OF the state, to draw andide-
liver his warrant for money awarded Ger
tain architects for plans used IN tne con
struction of the Grades Building" at Whit
tier.
The petition set forth that there was es-
tablished for the use OF the school fund,
known as the whittier Reform School
fund" under which law there has been paid
into the state treasury to the credit OF said
fund $86,Ol2.6l, which will be increased to
about $l25,OO0; that among the buildings
one called the Trades Building was
only; AYERS that by reason of its temporary
nature and the jarring of machinery therein
it became dangerous and liable to collapse
and was condemned by a competent en-
gineer; that no other building could be
used for the trade departments, and that
these departments and buildings for their
accommodation are necessary for the pur-
poses of the institution, to provide which
plaintiffs invited architects to furnish com
petitive plans for needed building, $4O5O
being awarded to the successful architect
and $3.50 and 500 as second and third pre-
miums; that Comptroller Colgan refused to
honor these claims, in which action he was
sustained by the state board of examiners,
which approved other bills excepting only
the architects accounts.
The court holds that the trustees are
given no unusual and extraordinary power.
The fact that they are constituted body
corporate and polite, with powers to act,
does not authorize them to divert funds
dedicated to particular uses to some en-
tirely different use. The opinion states:
1--WE cannot believe from anything ex
pressed in the various acts that the legisla
ture intended by the phrase, use of the in
stitution,' to say that moneys contributed
by counties and appropriated by the state
for the care and keeping of the inmates
of this school and the support of the in
stitution, might be used to rebuild struc-
ture."
Such construction of the law, the court
holds, would be likely to lead to abuses.
Besides, it would take from the legislature
the power, which the court thinks it has re-
served to itself, of determining what build |
ings the state required for it's public inst-
tutions. The courts conclusion is that the
reform school "fund" referred to in the
statutes cannot be resorted to by the trus-
tees for the erection of buildings, and that |
the contracts made looking to that end
were unauthorized Whether claims such |
as those here involved should be presented
to the board of examiners is not decided,
but the writ is denied.
The opinion was by commissioners, and
in by the court.
The herald., 1898-10-19
THAT COMPTON SWINDLE
Shinn Works Over the Whole
Case on Appeal

Argument was heard by the supreme court
yesterday in the case of Charles Compton,
one of Poker" Davis associates, who was
convicted OF completely in the real estate
swindle by which $1,000 was secured by
mortgaging property in the DAILY tract, in
this city, held by forged conveyance, the
Columbia Savings bank being the victim of
the deceit. w. H. Shinn, attorney for ap-
pellant, based his argument largely upon the
alleged prejudice of Judge Smith, the trial
judge, whose remarks in the presence Of
jurors minds unfavorably toward his
client
w. M. Ware, it will be remembered, who
was an accomplice and co-defendant Of A.
+. Davis and Compton, attempted suicide at
Long Beach when he learned of Davis ar
rest. The whole story of this three-cor-
nered deal was gone over in tedious argu-
ment by Attorney Shinn in the effort to
convince the court that justice had failed by
the conviction of Compton. The court will
think about it,
The herald., 1898-10-19
Tho Peace Commissit ms Work

THE Instructions to the peace comnlIs-
aoners before they started for Paris were
not made public for obvious reasons, but
from a high official comes the statement
that this country will insist upon Spain
Welding to every demand we make. She
cannot do otherwise than give up eventual
". She Is like the sick man who is con-
tending with the strong I'm business cir
cles-almost powerless. 1t takes many
wears for nations to recover from weakness
but sick men can quickly regain health
and strength by taking Hostetters Stom-
ach Bitters. There have been many bad
cases Of dyspepsia and indigestion cured
by this medicine when IL looked az though
cure was impossible. The bitters first put
the stomach in order and bring about
proper digestion Of food.
The herald., 1898-10-19
RIPARIAN RIGHTS
Damages Wanted on Account of Water
Withheld

ages from S. ]. Murphy, involving the qres-
tion of riparian rights, came before Judge
Shaw yesterday for trial and was ordered
to be submitted on briefs. The complaint
alleges failure to supply water for irriga-
ton purposes on land in the Rancho de
Bartolo during 1904. Pallett and wife were
renters from Russell, receiver, and demand
ed water to irrigate the land included in
their leasehold. One Reed, who represent
ed the defendant Murphy, owner of the Fast
Whittier ditch, said that it was impossible to
comply with the demand because contracts
had already been made for the disposition
OF all the water available for that year.
Suit was brought to recover for losses sus-
tanned by reason of such refusal to furnish
the water needed.
The herald., 1898-10-19
NEWS OF THE RAILWAYS
General Notes and Mention Of HsY
and Events

ana GVeuCS
Fred Parke, who has been chief clerk for
General Freight Agent Chambers OF the
Santa Fe-Pacinc, will leave on Saturday to
take his new place as auditor OF the Gulf
Colorado branch Of the Santa Fe system.
He goes to Chicago first.
General Freight Agent Chambers of the
Santa Fe has returned from an eastern trip.
General Agent Hitchcock OF the Union
Pacific is in the city from an inspection
trip.
Conductor Tom Henderson, who has been
SO long with the Terminal railway, has re-
signed to accept a position with the South
ern Pacific railway at Bakersfield.
The Terminal is hauling ten to twenty
carloads of lumber every day now from San
Pedro to Los Angeles for the Southern Cal
ifornia Lumber company.
MIR. +. 3. Boyer, agent of the Terminal at
Hobart. who has been visiting relatives IN
the east, is again at his post of duty.
The Terminal will run special trains to the
Los Angeles sharpshooters' tournament,
leaving at a. m. and returning at Loo p. m.
Friday, Saturday and Sunday.
Fred Reynolds, who has filled the position
of baggagemaster in q very satisfactory
manner at the Terminal depot for the last
seven months, has resigned, and will take
up the study of medicine. Sergeant A. D.
Sherrer of the Seventh regiment has been
appointed to fill the vacancy, he having held
a position with the Terminal prior to en-
listing.
Mr.. D. S. Fall has been appointed ticket
agent Of the Terminal at Altadena station.
The herald., 1898-10-19
TRANSCRIPT DEFECTIVE
Disclosures in Bird Case on Appeal to
the Supreme Court

On the supreme court yesterday the ap-
peal cause OF X. A. Bird, who was sentenced
to ten years Imprisonment for the forgery
of a check for $500, was argued and sub
mitted. 1t will be recalled that Bird was
the private secretary and bookkeeper OF G.
j.. Griffith OF this city, whose name was
used on the forged paper.
AT the hearing yesterday Deputy Attor-
ney General Carter called attention, to the
fact that vital portion OF the evidence
elected at the trial had been omitted in the
printed transcript, the matter left out
having reference to the prior conviction
OF defendant on a felony charge and his
Imprisonment at Folsom: He asked that
he be permitted to amend the transcript SO
as to conform to the testimony.
Mr.. McComas, on behalf OF the district
attorneys office, said that he had expert
enced great difficulty in securing the settle
ment of the bill of exceptions in Bird
case, counsel for defense sending him first
to one and then to another, and the bill as
presented by them was scarcely better than
a skeleton. This had been signed by Judge
Smith as part, only, of the proceedings in
the case.
The court held that any amendment of the
transcript could not be allowed at this
time, but the cause must stand on the
printed transcript as presented.
j. l.. Copeland, of counsel for defense, ar.
gued tor new trial OF Bird on the ground
that forgery was assumed to be proven
solely on the testimony of Griffith, and
that checks alleged to have been forged
by defendant other than that on which his
prosecution was based We're admitted in
evidence, though not traced to him. A
blank check with Griffith's signature ap-
pended, which witnesses for the state
claimed had been taken from Birds desk
and torn up by Mr.. Griffith, be argued
should not have been allowed as a part of
the testimony in the case, the same not be-
ing then in existence, and there being
nothing to connect Bird with its signature
beyond the fact that he was said to have oc-
cuped the desk in which it was found.
Mr.. Carter suggested that the fact that
other checks admitted in evidence were
made payable to Bird indicated that he had
an interest in them, and testimony omitted
from the transcript would have shown that
Birds endorsement on their backs showed
he got the money on them. This. unfor-
tunately, could not be brought into the case
the court having ruled against the amend
ment of the transcript. The cause, there
fore, was submitted without evidence of
prior conviction. or of the actual reason for
the introduction of checks other than that
on which the trial was founded
The herald., 1898-10-19

William Brodr who has served until the past w9 weeks
auditor that died yesterday
gestion of the brain.
Brodrk Eand l87 to this
chiefly New
Chile
there his
residence to Los Angeles early in 1871
He in the firm Prodriek Ree book dealers Yt
disposed the While
the book Mr. Brodr also agent Tor the North British and Mer
with Accident which connection
auditor He
ain Griffith under the
Griffith,
Bdck public included the office Of fire commissioner,
Angeles public library being Of it's first promoters
owned the Chino
the result
attributed by his physician directly
Back
of
which the
this together with his other business proved
Thursday Friday probably
ae n 1 @ | % W. ~ Wy = e1
The herald., 1898-10-19
Unpaid Alimony

Mrs. Marie Daggett will not recover $llO
due on a judgment for alimony rendered in
her divorce suit from Harry Oppenhemer.
The decree was ordered in San Francisco
on March 81, 1895, and amended shortly af-
terward so as to correct certain clerical de-
fects. At that time Mrs. Oppenheimer
was authorized to resume her maiden name
of Mamie Oxley," which she changed later
by marriage to her present cognomen. Her
former husband, Oppenheimer, died May 3,
1897, and his executor refused to pay the
$40 due on Judgment, hence suit was
brought against his executor, William
Judgment for the defense
The herald., 1898-10-19
IN HARD LUCK
Threatens to Bring About
Mental Collapse

Joseph Thomas, a prescription drug clerk
who recently went insane on account of
financial troubles incidental to lack of en-
ployment, was examined before Judge Clark
Yesterday by Drs. II. G. Brafnard and E. r.
Smith as to his mental condition. The un-
fortunate man was accompanied by his wife
and many intimate acQuaintances, whose
painful solicitude for his welfare he ap-
peared to appreciate to the fullest extent.
During the examination he was rational and
explained how, at tmies, he lost control of
his mind and said and did many things of
which he had no recollection afterward.
Mr.. Thomas, who is Al years Of age, has
been in California for six years and was mar
ried about the time he came here from AS
toria, Oregon, where be was at one time in
the drug trade. Recently he has been unable
to secure employment in his special line and
for two years he has been working for the
Meek Baking company. Being anxious to
secure an engagement with some druggist
he has been so wrought up that his mind
proved unequal to the strain and of late he
has fancied he was about to effect his de-
sired end, though there has been no founda-
tion for such an opinion. Sunday forenoon
he created IA disturbance on the street and
was sent first to the police station and after
ward to the county hospital, from whence
he was brought yesterday for examination.
1t developed from the testimony that
Thomas is subject to occasional attacks of
great mental excitement, these paroxysms
coming ON at any moment, during which the
man is wholly irresponsible, but which pass
away quickly, leaving him in the ordinary
possession of his iaultes. 1t was deemed
best to return him to the county hospital for
a week or ten days where it is hoped that
treatment will prove so beneficial that ii
will not be necessary to send him TO the
asylum. The way in which his friends raj
lied around him with expressions of affect
ion and sympathy yesterday was affecting
to all present and brought to his face so
cheerful an expression as was felt to be high
ly encouraging to those who hope for his
speedy recovery.
The herald., 1898-10-19
POKER ROOMS
Habeas Corpus Denied to Renters Of
Such Premises

The petition of j. P. Wilson for writ of
habeas corpus, on the ground that he was
imprisoned illegally by Chief OF Police Glass
of this city, was denied by the supreme
court yesterday. Wilson was arrested on
the charge of misdemeanor, in company with
A. B. Smith, on complaint of +. II. Steele,
who alleged that they were i'll charge of a
room on Main street in this city wherein a
game of poker had been played from which
defendants derived profit by renting and
selling the cards, furniture, lights and room,
all being contrary to municipal enactments.
The court rendered no written opinion,
eor,fining itself to the mere order denying
application for writ, but the action Of the
court in itself was sufficiently conclusive to
serve as dampener upon the ardor of those
engaged in conducting poker rooms on a
system of rentals or percentage. The alle-
CATION of counsel that the city ordinance
for the suppression of these gambling dives
was an unlawful attempt to restrain trade
and curtail personal rights finds little to
sustain it in the action of the court.
The herald., 1898-10-19
WAS IN BAD COMPANY
The Reason That William Burns Got
Into Trouble

William Burns will probably profit by n
lesson he has learned, and in future be care
ful with whom he becomes intimate. He
guilty in Justice Owens court Monday to
petty larceny in having stolen some clothing
from P. Sherwood, Commercial street
clothing dealer. The men were to have
been sentenced yesterday, and previous to
passing sentence the court asked if they had
anything to say why sentence should not be
imposed. Burns arose and stated that he
had not been with the other men at the
court asked why he had pleaded guilty with
them, to which Burns replied that he had
The herald., 1898-10-19
Got the Felony Complaint

J. w. Bailey was sent to the county jail
yesterday from the police station, as a
complaint charging him with attempt to
commit an assault had been secured against
him. Bailey was discovered by Special
Officer Wilson in Westlake park Sunday
night tampering with 7-year-old child:
Deputy District Attorney Chambers did
not think that the evidence warranted issu-
charge, and instead issued one for battery,
as Bailey had struck Wilson and resisted
arrest Wilson was not satisfied with this.
apparently, for he secured complaint
from some deputy Of the district attorney,
and filed it in Justice Young's court, and
caused the transfer of Bailey.
The herald., 1898-10-19
DEATHS


BRODRICK-At the family residence. Oc.
tober IS, 1898, William ]. Brodrick, a
native OF England, aged 81 years.
Funeral from late residence 1886 South
Figueroa street. Thursday, October 20, 1899.
at 1880 o'clock p. m. Thence to st. Vincent's
church, corner Washington and Grand ave-
nue.. where services will be held. COM
mencing at Q o'clock p. m. Interment, New
Calvary cemetery. Friends invited.
HAYNES-At his residence, S9s South Main
street, Los Angeles, at $50 p. M. Octo-
Der 1s 1885. DR.. Francis L. Haynes. aged
IS years.
Funeral at the residence at 10 a. m.
Thursday. Interment, private, at Rose.
dale cemetery.
ROWLEY-At Downey. Cal, October 18th.
Nettie c. Rowley, wife Of DR.. touin tin
j. Rowley.
Funeral from the home, 10 a. M, Thurs
day. October 20th. Interment at Evergreen
cemetery, Los Angeles at 20 D. m,
The herald., 1898-10-19

seeking to restore his health and in great
suffering BY threatened los Of eyeight, his
attorneys and family effected = settlement
tation Of their physician that complainant
could not recover. He was first made &C.
Quainted with this action when at San An
tonic, Texas, and he now asks that the judg-
ment be set aside and the suit for damages
be reinstated.
An order has been issued by the United
States district court for the sale of the
schooners Mary Gilbert and W. S. Phelps,
now in the hands Of q keeper at San Pedro.
The order for sale is issued TO satisfy the
claims for seamen's wages and other debts
The herald., 1898-10-19
WITH THE WHEELMEN
Novel Race Arranged Between Two
Speedy Riders

One of the features of the race meet to be
held in this city November s. will be pur-
suit race between Leslie, the newest amateur
wonder of Pasadena, and Captain Ralph c.
Hamlin of the Thistle Cycle club.
Some weeks ago the latter was challenged
by Leslie, but refused because he was out of
condition. Later, acting on the advice of
his club, Hamlin reconsidered his refusal
and is now in training for the meeting on the
5th.
The contestants will start from opposite
sides of the track and each Will try TO over,
take the other. The one who first overtakes
his rival wins the race The quarter mile
track at Athletic park has been worked over
until the surface looks as smooth as though
old John Kilroy was again in charge of the
oval
The herald., 1898-10-19
Failed to Comply

Leonardo Ybarra has commenced suit
against Narciso j. Mendoza to compel him
to reconvey his rights under a contract and
lease by reason of failure to comply with its
terms.
1t is shown that defendant and J. Vincent
Harmon entered into contract in which
they promised to pay note amounting to
about $4,000, secured by mortgage; that no
part was paid and Harmon reconveyed his
rights. Suit is to compel Mendoza to do
II
The herald., 1898-10-19
Safeguard Thrown Out

To guard against an unfavorable decision
by Judge Clark on the petition for writ Of
mandate to compel the printing of a large
on the ground that formal demand had not
been made, Charles w. Palm, by his attor-
ney, E. A. Meserve, yesterday filed duplicate
demands with County Clerk Ncwlin on the
board of supervisors for the printing Of 1890
copies of the same. Should the petition now
before the court be denied on technical
grounds the demand fled yesterday, it is
understood, will be made the basis Of a new
aDplication.
The herald., 1898-10-19
merely known that the goods had been

After being sworn, Burns then told the
circumstances of being with the other men.
He said that he met Frank Evans and A.
Hammond on the Soldier train" from San
Francisco, as all three were beating their
way to this city. The men asked where
he proposed to stop, and he said at the cor
nsr of Los Angeles and Commercial streets.
They replied that they would stop there,
too, so Burns gave them his share of the
room rent. That afternoon he passed in
the company of Joe Aldridge, soldier, and
when he returned to the room in the even
ing Evans and Cummings told him about
having stolen the goods, and said they were
concealed under the mattress. Out of cu-
riosity he looked at the clothes.
The court was inclined to believe the
statement of Burns, so continued the case
The herald., 1898-10-19
WESLEYAN UNIVERSITY CLUB
Tenders Banquet In Honor Of Justice
B. G. Harrison

The Wesleyan University club Of Southern
California rendered banquet yesterday
afternoon to Judge Ralph c: Harrison Of
the supreme court, who is an alumnus of the
university of the class of 1883. The gathering
took place in the private dining room of the
Nadeau cafe, and after coffee was served the
Birth Of the Club Prof. John Dickinson; !;
"First Ten Years Of the Club" E. p Clarke;
wesleyan Fifty Years Ago." Rev. J. p.
Lee; ""The University" W. /. Warriner;
"Our Country" Judge Harrison.
Among those present at this pleasant
gathering were Ex-senator Cornelius Cole.
Miss Cole, Prof and Mrs. Dickinson, Rev.
J. T. Lee, Mr.. and Mrs. Mrs ". v, i Wsrriner Of Of
Chaffee College, Ontario, Prof. G. M. Par
kcr of Pasadena, Mr.. and Mrs E. P. Clarke
of Riverside, 0. l.. Livesy of Fair1nount, and
Judge Harrison OF San Francisco.
The herald., 1898-10-19
Left California Realty

A petition for letters of administration
of the estate of Lottie p. Forsyth was filed
yesterday by Cole g. Cole, attorneys for Fred
A. Pollock, a brother of the deceased. Mrs.
Forsyth died in Louisiana Sept. 27, leaving
five lots in Grider & Dow's Adams Stareet
tract, valued at $4,000. The husband and
son Of the deceased, both living in Louisiana,
are the heirs.
The herald., 1898-10-19
No Hawaiian Junket

The board of supervisors is not inclined
to send a representative to Hawaii for the
purpose of securing new scale-destroying
but may cntrust an order with
some one in the islands to forward supply.
This plan is regarded as equally promising
Of GOOD results and far less expensive.
The herald., 1898-10-19
n11n1an5n
News for the Jewish Community Of Los
Angeles, Cal.

A Hebrew free school, for the purpose OF
acquainting the rising generation Of Jews
with the principles Of Judaism, especially
to give those children a religious training
whose parents are not able to instruct
them. 1t will open its first session on Sun
day. October goth. Its rooms are beautiful
and large, well lighted and ventilated.
Parents desiring to send their children to
the Hebrew free school may apply for par
ticulars at the residence Of Rev. A. Arndt,
principal. Address 71s East Eighth street.
near Los Angeles.
The herald., 1898-10-19
Admitted to Practice

Edward F. Wehrle and Henry b. Klam.
roth are among the attorneys admitted to
practice by the supreme court. The for.
mer presented license from Michigan and
the latter one from New York.
The herald., 1898-10-19
ro SOU CHURCH Propsrtx

The Holiness church, . corporation, yss-
terday petitioned the superior court for
leave to sell lot 8, in Mills block No. l, in
East Los Angeles for 81, subject, however,
to all membranes now on the property.