davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-11-11
NO ALIMoNY, NO BABY
Bert Kiser Gets a Roasting From
Judge Clark


The old divorce case of Ruby A. Kiser
against Bert L. Kiser came before Judge
Clark yesterday upon motion to modify a
previous order so as to give the custody of a
minor child to the father. Kiser was for
merly employed by the city as fireman at
the Adams and Main street engine house.
There was to be celebration at the engine
house one Christmas night, and he insisted
that his young wife should attend, but she
objected to leaving the baby asleep at home,
and Bert choked her because she would not
60 For this and similar offenses a di-
vorce was granted to Ruby, and she was
awarded alimony Rather than pay it he
resigned his position, but he wanted the
custody of his child.
elected showing that the baby was being
cared for by its maternal grandmother, and
that Bert had not been paying alimony to
his wife. His defense as to non payment
was based on lack of employment, and he
had several witnesses who swore that the
childs grandfather sometimes got very
drunk and used language unfit for publica-
ton or for the baby's hearing 1t was also
attempted to prove that the old man had
threatened to kill the infant. If such was
the case, however, it appeared that it was
when the grandfather was drunk, and not
responsible for his utterances.
Mrs. Slayer, a sister of Kiser's, offered
to take the child, but Judge Clark decided
that it was being cared for properly where it
was, adding that man like Kiser, who
would quit good job to avoid paying ali
mony to his wife, had no standing in his
court. The wife, therefore, gets no ali
mony, and the father gets no baby, a
couplet of misfortunes alike displeasing to
the parties at suit.
The herald., 1898-11-11

had told of buying them from an old man
about 20 years old, with bushy beard all
over his face, who said he lived at Mud
Springs. He had denied knowing the
mans name, but said the man had called
himself Ramon Witness had brought a
man who answered the description of
klournoy, but the latter had said he was
not the one he bought the cattle from.
| On cross-examnation, this witness said
he was assisting the district attorney in the
prosecution, being hopeful of helping to
break up the gang of cattle thieves, and to
convict Flournoy if he were guilty.
FLIGHT OF LOPEZ
Dolores M. Vejar, the owner OF the CATTLE
told what he had lost, and of talk with
Flournoy, in which the mysterious old man
from Mud Springs had figured. Flournoy
had said Romualdo Lopez knew the old man.
So, at his request, the butcher had gone
with him to the officers, Lugo and his
deputy, to hunt Lopez up and get the name
of the man. On arriving near the house OF
Lopez the latter had been seen coming
, hastily from the door. Going to stable
near by, Lopez had leaped on the back and
made away as fast as possible. Lugo had
shot after him, but failed to bring him down,
though later it had been found that he
wounded him.
An attempt was made to prove that in
settlement with Flournoy, wherein he took
back one cow that had not been killed, and
collected $40 in cash and taken Flournoys
note for $50 more, he had compounded IL
felony; or, at least, taken advantage of the
circumstances to force him to pay more
than the other three cows were worth. The
witness, however, swore that Officer Lugo
had urged him to accept a settlement, and
he had taken the amount offered, feeling
that he might have realized better if the
stock had remained in his possession. The
brands on the hides of the slaughtered
cattle had enabled him to identify perfectly
those killed out of the last lot, but the other
hides had been sold to San Diego man, and
he had no proof that they were his beyond
the fact that eleven head beside the last
four had been driven up at night by Lopez
to the corral of Flournoy and delivered in
the same manner as those last stolen. The
boy, Cruickshank, however, had sworn that
all but one of the cattle had the brand Of
Veiar, "D. W" and the odd brand was
identified by the latter as that borne by one
animal of his in addition to his own mark.
So it became apparent that all the stock had
come from the Laguna ranch.
Nick Miller, being out on bail, was not on
hand to testify but Mr.. Williams decided
that he had made the case tight enough for
the state, and decided to rest the prosecu-
tion at this point. Mr. Hahn, however,
asked for a continuance, as he expected by
Miler's testimony to prove that Flournoy
was innocent. A bench warrant was there
fore ordered by Justice Young to issue for
Miller, and the testimony for Flournoy will
be taken this morning, to which time the
cause was continued. The preliminary
hearing of Lopez, set for this morning, will
be deferred, and in all probability will not
consume much time, the confession of the
defendant making any other plea than that
of guilty improbable.
The herald., 1898-11-11
GOOD CASE FOR STATE
LOPEZ TELLS HOW THE STOCK
WAS STOLEN
AGREEMENT WITH FL0URNOY
Cattle Driven in by Night-Compen-
sation "Docked" by Flournoy.
Man From Mud Springs

Harry L. Flournoy, the Pasadena butcher,
had his preliminary examination yesterday
on the charge of cattle stealing, and Justice
Young's courtroom was well filled with va
queros, butchers, Mexicans from Old Mis-
sion San Gabriel and others interested in
the case. A very complete roundup had
apparently been made. Lopez was there to
tell on the witness stand how, in pursuance
Of an agreement with Flournoy, he had
stolen l5 cattle, first and last, from Dolores
Vejar, the rancher on the Laguna,
and how he had accepted a smaller
amount of cash for the service than had
been promised to him by Flournoy 1t was
picturesque little group, the swarthy Mex
leans mingling with the officers of the court
and the witnesses for the state, many of
whom have for long time been eagerly
hoping that the gang of cattle stealers
around the old mission might be broken up
and stock-raising rendered more profitable.
Justice Young presided and Assistant Dis
trict Attorney Williams appeared for the
The herald., 1898-11-11
MECHANICS LIENS
Various Suits Springing From the
Erection of Buildings

Judge Allen is engaged in the trial of four
suits which have been consolidated, all of
which have bearing upon the recent cree
ton and remodelling of the building occu-
pied by F. w. Braun & Co.. wholesale drug
gists The buildings have a frontage of 81
feet on North Main street, front south on
Republic street and run through to New
High street. The lot was owned by the
drug company and a contract was let to
Parton & futile for the thorough over
hauling of the buildings and the erection Of
some new parts, the agreement being for
sl2,254 as the consideration to be paid. Suit
was brought by the Stimson Mill company
AGAINST +. w. Braun and others for S95i6.32
with interest at per cent. from January
20, last, and for $500 attorneys fees.
Materials for use on the buildings were
furnished to the amount OF S5044 50, and of
that sum only 5000 was alleged TO have
been paid, ard only $1,000 paid to Parton &
Tuttle on their contract A mechanics lien
for the balance of the mill company's claim
S49s9 50, had been filed and it was sought to
foreclose this lien and to collect $1,000 at
torney's fee. Other claims forming the
basis of other suits, entitled j. F. Raney VS..
F. w. Braun ct al, Alexander & Beyrle ct
;. l.
Iron Works VS.. w. r. Tuttle ct al, We're
pressed for collection, being for the recovery
of money due for labor and materials fur
nished on the constructive work of the same
building. various liens having been filed to
protect these interests also.
4 considerable array Of counsel is engaged
in the trying of these suits, and architectural
experts and contractors are testifying as to
The nature of the work performed and the
value of the material furnished. The trial
will be resumed today.
Must Try Again
Selma J. Stigenwalt is seeking a divorce
from her husband, Charles w. Stigenwalt,
and came before Judge Shaw yesterday
with witnesses to prove that she should be
awarded the decree The evidence being
somewhat defective, the cause was continued
for further hearing in proof of allegations
relative to non-support. The parties were
married in this city May 30, 1894, and It
Was alleged by plaintiff that she was de-
The herald., 1898-11-11

state. Flournoy was represented by B. w.
Hahn, who did what he could to weaken
the effect of the damaging evidence elected
by the prosecution. The first witness called
was Romualdo Lopez, who took the stand
with the utmost composure to tell all about
the case He is a grizzled specimen of the
race that long held sway among the valleys
of Southern California, but which is fast
losing its more notable national character
istics. With iron-gray hair, carelessly
brushed back from sunken temples, strag-
gy beard, thin lips and aquillne nose, ne
bore abundant evidences of hardship and a
life of dissipation.
He said he lived at Ell Monte; had moved
there twenty-eight years ago, and lived
there ever since except for a time when
temporarily absent from home. On cross
examination the fact was brought out that
his absence then was due to his conviction
of horse stealing, for which he had served
term in states prison. As to that incident
he said he rented the horse, but was after
ward charged with stealing it and had served
a term in the penitentiary though really
innocent. Regarding. the cattle stealing on
the Laguna in September, he said
AGREEMENT WITH FLOURNOY.
"I drove four cows from WEARS ranch
to Flournoy's corral at the Old Mission San
Gabriel one night near the end of September.
1t was about u o'clock when l got there.
I had a previous engagement with the
butcher, that | was to take some cattle to
him that way. but it must be in the night.
He fixed the price himself
'Dd he know the cattle were to be
stolen?' asked Mr.. Williams.
''To be sure said Lopez. 81 told him
so."
Wlliams-When you got to the corral did
you find Flournoy there?
Lopez-No; boy who works for him was
there.
Williams-Who was there when YOU talk
ed with Flournoy the first time and ar
ranged to steal the cattle and bring them to
him?
Lopez-A man they call Nick Miller He
works for Flournoy. trying out fat and
helping him in other ways. He speaks
Spanish but Flournoy can talk but little in
that language. | gave him 50 for interpret
ing for me.
Willams-What price did Flournoy agree
to give you for the, cattle?
Lopez-He said he would give me 500 a
nedQ lOT lHeln, DuI dl leT Drought lHelH lit
said he could not afford to pay so much as
they were poor.
Willams-How much did he say he would
pay?
Lopez-He told me he would pay S. fol
some and $40 or Sl2 for others.
Williams-What else did he say to you
if anything?
Lopez-He told me to watch out for my
self outside and he would look after the cat
tie when got them to the corral
Williams-Was any one else present when
this was said?
Lopez-Yes; Nick Miller was there. Ht
introduced me to Flournoy on September
l6, before | began to deliver cattle to him
That was Mexican holiday ard that is how
] happen TO remember the date.
Williams-Where is Floulnoys butcher
shopa
The herald., 1898-11-11

"The corral is right on the main street
at San Gabriel, near the corner of the road
eading from the city. 1t is surrounded by
board fence and the gate opens right into
the street. We drove the cattle in when the
boy, Cruickshank, who works for Flournoy,
came and opened the gate. All he had to do
with the case was to let us into the corral.
| told him to open the gate. That was what
Flournov left him there for. This was IL
or II o'clock at night.
when Flournoy paid me told him the
price agreed upon was more, but for him to
fix the price himself did not see him the
day the constable shot me. No one knew
about the cattle being stolen beside Flour
noy, Nick Miller and myself. l did not
know the cattle belonged to Vejar until
the day before Flournoy was arrested. He
paid me in cash"
Being asked by Mr.. Hahn if he was ex-
perenced in driving cattle at night, Lopez
shrewdly replied, ''Well, l am experienced
now. | never drove any before in the night,
but they travelled very we'll"
THE SPANISH INTERPRETER
The examination of Lopez was carried on
with the aid OF an interpreter, 5. W. Os-
borne, whose long residence among the
MGXlcdnS mas llldut ulll DIOuClcHC HOb OIlN
in the Spanish language, but in the quaint
gestures of the people, with which he illus
trated his translations. Osborne is char
acter around the court house. whose pecu-
liar physlognomy, once seen, is not soon
forgotten.
In the afternoon Vernon Cruickshank. a
l7-year-old boy, who works for Flournoy, at
the old mission, and drives a butcher cart
for him. testified that the defendant had
asked him on three of the four occasions
when Lopez had delivered cattle to stay
at the corral at night and let them in. No
one but Lopez had ever brought stock al
night He had asked Flournoy why these
were brought at night, and where they came
from. Flournoy had told him an old man
up at Mud Springs had lot of cattle, and
as fast as they got fat he would send them
IN by Lopez, whom he had hired to go out
and get the stock. The reason he brought
the cattle at night was because there were
so many dogs. Lopez could not speak
| English, and the boy could not speak
Spanish, so Nick Miller, who slept near by,
| had been called to act as interpreter when
| needed.
Young Cruckshank told of four different
occasions when stock had been brought by
| Lopez. Three times he drove in four head,
and the fourth time only three. There was
always another person who helped Lopez,
| but he never came ap near enough so he
could see him distinctly or discern whether
he was Mexican or an American. There
was a bull dog in the corral, and, being
vicious, no one could get in unless he or some
one else belonging at the shop was there.
! The cattle, too We're wild and vicious
1t was apparent that the boy had not par
tcipated knowingly in the stealing OF the
catle, and Mr.. Williams took measures for
dismissing the complaint against him. He
had been arrested on complaint sworn
ont at Rivera, and so the dismissal was ef-
fected by telephone.
W. A. Pallett, a farmer, was the next
witness. He told OF a conversation held
by him with Flournoy, in which the theft
OF WEARS cattle was alluded to. FlourneY
The herald., 1898-11-11

Lopez-He has one at Pasadena and an
other at Mission San Gabriel.
At this point counsel for the defense was
permitted to cross-examine the witness, who
said in. response to- questions that he had
served term in states prison. for stealing
horse, though innocent, and had got back
seven or eight years ago. A month and a hall
ago he had got sick while picking walnuts
and he had been, forced to quit.
What was your ailment?" asked Mr.
Hahn.
"A sickness that comes into my stomach"
"Were you we'll or sick when you took the
cattle?
"a little unwell, as have been all the
time"
Does your ailment prevent you from rid
ing horseback"
When l do, it offends me a great deal. l
cannot 'lope' on horseback without feeling
it in my stomach.
AN UNLIKELY STORY.
"Who helped you drive the cattle?"
81 drove them myself from the ranch to
little gulch near San Gabriel and there l
met a Mexican boy and he helped me. l
asked him to watch the cattle while l rode
up to- the corral and got the gate ,open, so
we could drive them in. No, he is not the
boy who is now in Jail. l think I would
know him if l were to- see. him. again"
did you pay him."
Eyes, gave him S."
"Did he help you on any other occasion?"
"No, he helped me only that time"
In response to questions by Justice Young,
Lopez said the boy helped him only about
a half hour; that he got Flournoy next
morning to advance him $40 on account in
order that he might pay the boy s5, and that
he went to Savannah to pay over the money
to him, that being the place where the boy
was to wait for him.
Mr.. Williams explained to the court tina.
this story about the boy he did not believe,
it being the theory of the prosecution that
Lopez was trying to shield an accomplice.
Continuing, the witness said after collect
ing the $40 from Flournoy in the morning
he went back the next day and got $50 more.
A balance of Sl1 or $3.50 was still due to
him on account of previous delivery. The
money had always been paid to him in the
daytime Flournoy never being there in the
night. Being asked particularly as to all the
of the delivery of the cattle,
he said in response to questions:
The herald., 1898-11-11
Our Home Brew.

Maler & Zobelein's lager, 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., 1898-11-11
Awaiting Adoption

Flora Warren, whose examination on a
complaint charging her with incorrlgiblllty,
was set for hearing yesterday, will be re-
tanned in custody until November IA
Deputy District Attorney James would have
dismissed the complaint yesterday, for he
did not approve of sending the girl to the
reform school, but the uncles OF the gir
asked that the cause be continued for fur
ther hearing, as they were arranging to get
a home for her. If this is done, and de-
serving people will adopt the girl, the case
will be dismissed next Monday.
The herald., 1898-11-11
GEA7ffS


RORICK-At the family residence, S62 w.
Washington street, this city, November
O. 1898. Jane A., widow of Abram Rorick,
native of New York, aged n years.
Funeral from family residence at 2 o'clock
p. m, Saturday, November 18th. Friends
invited.
Milwaukee papers please copy.
The herald., 1898-11-11
JOTTINGs

Latest styles wall paper at A. A. Eek
strom's 324 South Spring street.
The herald., 1898-11-11

Lovers of good driving horses canno,
miss it by buying one Of our NJ. Chester
Columbus Buggy Co.'S driving wagons.
They have the Bailey hangers, long-dls-
tance axles and quick-shifting shaft coup
ings Hawley King & Co.
The herald., 1898-11-11

"Poker Jack" Alleges Misstatement
Republican Governor Tanner of Illinois
says it is Democratic lie He did not lose
$500 1000 in game of poker. 1t was only
$4,000. Kansas City Times
The herald., 1898-11-11
Jackey Saves Some Trouble

Jackey Payton, colored lad whose trial
was set for yesterday before Judge Smith,
withdrew his former plea Of not guilty
and entered plea of guilty to the informa-
ton charging him with grand larceny
Jackey stole watch and silver coin of the
aggregate value of Sl5 from one c. Story,
whom he found drunk and proceeded to
roll" Young Payton was ordered to be
committed for four years to the Preston
School of Industry, where it is expected he
will learn better ways of earning a living
than by rolling drunks."
The herald., 1898-11-11

serted two years later, and had been left
to shift for herself. The allegation OF
abandonment was not sustained. but the
court intimated that evidence as to non
support might be introduced hereafter.
The herald., 1898-11-11
= - % - -
FUNERAL NOTICE


Members of Stanton Corps will meet at
their hail at p. M, November l1th, to at
tend the funeral of Melvin Banks.
LIZZIE BELLE CROSS, Pres.
The herald., 1898-11-11
Court Notes

Emma Vacher has commenced suit for
divorce from her husband, George B.
Vacher.
George Taylor, native of England, was
admitted to citizenship by Judge Shaw
yesterday.
w. r. Dodson sues E. H. Champion to
clear title to the east half of lot 3, of the
Champion tract, in the Rancho San Fran
cisquito.
Sophie Engelke commenced suit against
Elizabeth and E. A Shattuck, R. w. Poin-
dexter and others yesterday to foreclose a
mortgage of $25OO on lot 50, block A, of Pot.
ters Woodlawn.
Sophie S. Hounson was awarded a decree
by Judge Clark yesterday in her suit
against Emma I. Winslow and others,
queting her title to lot 76 of the b-division
of the Ballesteros Vineyard tract.
The arraignment of Dan McCarty and
Herbert Wright for assault to commit muir
der, of Charles Carson for grand larceny
and OF William Boughton and John Grady
for burglary was continued by Judge Smith
Yesterday to November u.
The herald., 1898-11-11

We have taken the agency for the Column
bia bicycle. Our motto Is, "Get the Best.
However, we have good wheels for 800
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1898-08-05
ENLISTMENT EASINi.
Concessions which are Likely to Facilitate
Recruiting to tho Second.
THE State, lst.

Thore may be some hope yet for
the second regiment, and everybody
will be delighted to hear tn good
news sent yesterday by Col. Willie
Jones in telegram from Washing.
ton to Governor Ellorbo.
During tho morning this il tho
information which came from tho
commander of the regiment, who
went to Washington 10 few days ago.
Washington, July 81.
Gov. w. I'll. Ellerbe, Columbia, S. G..
With valuable assistance OF Soma.
tor McLaurin tho war department.
has granted all wo wanted, and do
not think there will bo any trouble
to get up second regiment now.
WILLIE JONES.
This is q better result than many
looked for and it shows that tho ad.
ADMINISTRATION is willing to give this
State all the assistance she needs
and that South Carolina's second
regiment liz wanted.
Colonel Jones said before leaving
that he would ask Secretary Alger to
allow him or Captain Fuller to np-
point at loast six or eight additional
mustering officers and also local OK.
amining physicians in any town
whore it was likoly recruits could be
had. Colonel Jones thought if these
and few other minor points were
granted him that tho regiment could
be formed in short while, and from
his telegram it is scen TINT his re,
quests have boon granted in full
This will put now lifo into the
work Of recruiting, and everybody in
tho State will bo glad if tho now
rules should prove effective enough
to make the second regime ont assured
Colonel Jones, Lieutenant Colono
Thompson and Senator McLauril
! will very likely return to Columbia
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1898-08-05
TERRIBLE STORIES FROM HAVANA
How Our Humanitarian War hal Saved the
Keconcont ira dos Half Of Them
r3. are Dead.

London, August 2.-The Havana
correspondent of the Times, in let
ter, dated July 5, describes condi.
ton Of growing Indignation" He
says:
"Though Havana is still quiet, ex-
traordinarily, ominously quiet, as a
calm before n storm, there is an ever
increasing foeling against the Gov
ernment's decelt in hiding tho truth
and spreading false news, apparent
ly with tho intention Of leaving tho
people to tho mercy of their enc
mics. Famine is slowly tightening
it's hands. Tho bulk of tho popula-
ton would already have starved but
for tho supplies of mangoes, pineap-
pies and bananas. Tho death rate
is extraordinarily high here and still
worse in other parts of tho island. In
some settlements half tho reconcen-
trados have died since war was de-
claregl." p. -....-.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1898-08-05
sCHLEY'S LETTER TO ais COUSIN.
lie Takes no Credit to Hlmsclf for tho De
sttuction OF Cervcrn'a Fleet Save for
tho Part hO had In IL.

Indianapolis, August L. Shortly
after tho great naval victory off San
tiago, in which Coveru's fleet was
pursued and destroyed by the Amer
lean vessels of war under Commo
done Schloy, Capt. John Schloy, cou.
sin Of the Commodore, wrote n lcttcr
Of congratulation for tho victory won.
Today he received reply which in
part is ~ follows:
"Flag ship Brooklyn, off Santiago,
July 22.-My Dear John: The vic
tory of July B, 80 complete in results
and so rich in glory for our country,
was tho joint product of every one
fortunate enough to be engaged, and
| ought rather to thank you in their
name than to appropriate tho con
gratulations to myself.
"Surely it was large enough to win
laurels for all, and / assume to NO
othor pride in it than the lucky place
of this ship in tho line when tho first
heavy assault was mado, and aftor-
ward by tho speed and her direction
to keep in tho scrap tho finish
which occurred three and ono hal
hours from beginning. X
"Tho sweetest thought and the
greatest satisfaction comes from the
fact that our conduct that day has
won the peoples love and earned the
nations admiration, which encourage.
ns in the public defence no matter
with what risk 70 ourselves. If thi.
secures peace to our beloved land tt
our people, our efforts wore we'll Iii
rected.
"Thanking you again, my doal
cousin and schoolmate and friend,
am always,
Very sincerely yonrs,
w. S. ScmLEy."