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-
fessional 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 const-
tute cause for dlsbarment or suspension; sec
ond, that the accusation was not verified as
required by law; third, that the purported
veriication was insufficient. in that the
same was merely alleged matters not within
the knowledge of petitioner, but merely upon
information and belief. such verifcation not
being such as 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 misde-
meanor or a felony that fact alone would
he sufficient upon which to base an applica-
tion for his disbarment.
buIEt ' an l'Nht ltitl IL lluHlltS were Eull-
ty of anything he was guilty of crime, or
far more serious offense than mere unprofes
siona conduct. and advised his criminal
prosecution. The motion to strike the ap-
plicaton from the files was granted. the
proceedings for dsbarment being regarded as
improper on such grounds without convic-
tion for such offense.
Mr. Willis is authority for the statement
that complaint will now be sworn out
by Alexander in the Justices court. charg-
ing Hughes with the more serious offense, it
being tho determination to sift the matter
thoroughly.
HUGHES is the lawyer who is alleged to
have gone with Sam Sweitzer to Redondo by
niGht TO remove goods and money from the
Unique saloon. which were the property OF
Alexander under and by virtue of a 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 instigatod his opponent to remove
the propertv Of his former client, and that
Hughes and Sweitzer divided the same be-
tween them.
The herald., 1898-11-29
OXAk Fs*":s sS*;:s
W ABSOLUTELY PURE
Makes the food more delicious and wholesome
ROYAL BAKING POWDER CO., NEW YORK.

fee Of the assistant clerk in this city yes
terday. The substance of the decision has
been published heretofore, being tele-
graphed from San Francisco some days ago.
The decision is by Commissioner Chapman
and concurred in by Commissioners Haynes
ard Belcher, on whose recommendation Jus
tces Harrison, Garroutte and Van Fleet
reversed the Judgment of the Los Angeles
superior court with directions to dismiss the
action.
The local tribunal overruled demurrer
to the complaint in an action to recover
certain taxes paid by the Southern Pacific
Railroad company upon reassessment by the
state board of equalization for the years
1886 and 1887, paid by that company to the
state treasurer and by him to defendant
county. Defendant declining to answer,
plaintiff had Judgment for S9lO4.65, from
which defendant appealed.
1t is held that in the present instance the
legislature provided board of commission
ers to determine how these matters should
be adjusted when the county of Riverside
was formed and the court states that in such
case. in its opinion, the court cannot be
called upon to perform the duties of the
board. That being the case, the settlement
allowed by the board must stand.
The herald., 1898-11-29
'emple, Mcfarland and Henshaw concur
THE FARCE ENDED
Ricardo Machado Released From Jail
Yesterday

Ricardo Machado, the little Mexican boy
who was charged with the murder of Eddie
Schmtt 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. tie
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 a 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, Will
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-
kersfield 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 prosecutions: You are in
structed that the people are not permitted
to assail the character of defendant on
trial in a 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
Germ, but the evident effect is construed to
be to suggest to the jury that the prosecu-
ton, if it had an opportunity, might posi-
bly, have shown that the defendant was not
a 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 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
attorneys on appeal, but on account of the
instruction, improperly given, a new trial
is ordered.
Opinion is by Justice Harrison, Justices
The herald., 1898-11-29
ALLEGED FooTPADS RELEASED
Nav Have Committed Assault but
With Other Intentions

Dan McCarty and Herbert Wright were
tried Yesterday Tor assaulting Mrs. Rachel
J. Crank near Sierra Madre with intent TO
commit robbery. Assistant District Attor-
ney Williams appeared for the prosecution
and Il. H. Furlong for the prisoners
Mrs Crank not being present on the open
ing Of court. the transcript OF her testimony
at the preliminary examination was read
by consent, and showed that she was held
up bv two men on the evening of Oct. lst
when driving from Monrovia in her buggy.
On that occasion one of the men poked
revolver in her face and asked her II she
saw that: she saw it, but after some con
versation. she took the whip, gave the horse
a cut and broke away.
One man was at the horses head and the
other beside the buggy, but both were taken
by surprise and left in the lurch. No de-
mand for money or goods was made, the in
ference being that the horse started so
quickly that the footpads had no time
for it.
Later. Mrs. Crank having arrived in court,
retod her story saying the men overlook
her while she was sitting in her buggy wait
ing for her little boy. who had got out at
the side of the road She recognized Nc
volver at her head.
Sheriff Burr testified to the arrest of the
two men and the identification OF McCarty
Immediately thereafter by Mrs. Crank as
one of her assaiants.
j. c. Ragsdale was called and swore that
he was held up by the two defendants on
the same night, but he knew nothing Of their
later attempt to rob Mrs Crank He was
.l,- l.
out, as having no bearing on this prosecu
ton.
Herbert Wright, one of the defendants
swore that he, in company with McCarty
and Charles Pearson, was at Lamanda Park
on the night in question and slept in the
depot, about a half mile from where the
hold-up is said to have occurred. but never
saw Mrs. Crank until after his arrest. He
declared he was not one of the men who
assaulted Mrs Crank. but was arrested
with his two companions next morning at
the depot on suspicion.
Dan McCarty, the other defendant. testi-
fed to the same effect. Pearson was to have
been a witness for himself and Wright. but
McCarty alleged that they had got him out
OF the country to prevent him from giving
evidence this act being attributed to some
OF those interested in the prosecution. Ore
of the three revolvers McCarty identified as
his and the other two as belonging to Pear
son. The latter had been sent to Jail for
ten days for vagrancy, but left town as soon
as released.
Mr.. Williams appreciated the fact that
the Identification was incomplete; he had
no doubt the men We're there and stopped
Mrs. Crank in the road. but with what in
tention he could not say He did not ask
for a conviction on the evidence.
Judge Smith intimated strongly that the
men had doubtless intended to mistreat the
woman in some way other than that men
toned in the information, but agreed with
the district attorney as to the insutfcency
of the evidence, and at his request the jury
returned a verdict of not guilty without
leaving their seats. The defendants were
thereupon discharged.
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, y. v, at
the time she was appointed executrix and
returned and resided continuously there at
ter the issuance of letters TO her, not sub
mitting 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 a non
resident as administrator.
The decision is by the commissioner and
indorsed by Justices Henshaw, Temple and
Mcfarland.
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 Il Co. for $22j4 II and : per cent inter
ct thereon since September I, 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 Eighth-street tract in this
city. BY its terms the defendant company
was to advance not more than Sl200 for pre-
liminary 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 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 uelenUdnlS III connection Win the
handling OF the property. Plaintiffs allege
that the defendant company has repeatedly
attempted 10 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 1880, when the total amount Of the sale
had been rerorted rs s3l5
II is further alleged that discounts, in
snne cases ranging from 80 to GO per cent,
allowed by those doing street work and per
forming other services have been cnioved by
defendants, who have nevertheless charged
the full amount of the bill AGAINST the prop
crty. These charges are characterized as
unscrupulous and fraud on plaintiffs. who
claim their proportionate share of all dis
counts.
Reference is made to A. IT, Quatman. who
is alleged to he tool or dummy of the firm
and it is alleged that George Easton. by
r"wer Of attorney for Ouatman, has been en-
f'lN1 to purchase at low frure well-locatod
F~f choice lots which have been sold for the
r"oit Of d"fendants Of an advaooc. Never
tAcloss, desiring to conclude all business
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 priestcss, 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 prestess 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 l6 years old, and his
father is hard drinker. Foster will go to
Highland for treatment
The herald., 1898-11-29
Court N otes

Watrous for divorce. Florence M. Acker-
man also asks for 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. 9Th. He is charged with having
swindled H. ]. Loomis out of $llO0 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

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 adj
vertisement and other incidental expense OF
placing the subdivision on the market, al
leging that the bills of expense have been
nodded
The herald., 1898-11-29
Search Warrant Sworn Out

Hans Nicholson has lost 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 u
Denker ranch, near the Santa Monica elec
tric road, he swore out a search warrant in
Justice Ioungs court yesterday against
John Doe" who will be taken in charge if
the goods are found
The herald., 1898-11-29
Judges Absence Was Error

c. /. 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
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 in
PRODUCTION of testimony.
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" (CherubinD; Mala.
guena from Boabdil (MoszkowskiD; theme
and variations (Proch); fourth symphony in
d major (Iaydn): l-Adagio, d minor;
Presto, d major; 2-Andante, G major; g.
Menuetto e~Trio, d major; 4-Final, Vivace,
ID major; Raymond overture (Thomas). So
lost, Miss Mollie Adelia Brown.
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-
oDeninu the case
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
Suit for Surgical Services

Judge York is trying the case of Smith
against Ballard ct al, a 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
yet to be due on account.
The herald., 1898-11-29
stuhr's Creditors Appeased

The final account of Louis Schwarz, assig-
nee of the estate of Henry J. 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
425 per cent upon the claims proved, other
than the preferred claims, which is all such
creditors will recover.
The herald., 1898-11-29

ment are Mesdames Daggett, Winder, Da-
Wis, Hageny, Narver, Wilson, Parry, ohm
son, Smith, Rucker, Arhart, Osborn and
Ryland. The reception committee consists
OF Mesdames B. w. R. Tayler, J. E. Cowles,
W. NJ. Whittemore, j. knowing and Miss
McCullouch
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 alimony by Judge Allen. Her cause
was set for trial Jan. Sd.
The herald., 1898-11-29

UBIL-At No. 1923 North Broadway, Mo-
vember %, 1893. Daniel Ubil of Chester
county. Pa. aged 70 years.
The funeral service will be held at the
parlors of Bresee Brothers, Broadway and
Sixth, Wednesday afternoon at o'clock.
Friends invited.
The herald., 1898-11-29
JOTTIN0s

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.
Hngs Hawley King & Co.
The herald., 1898-11-29
A COUNTY QUARREL
Supreme Court Will Not Amend the
Ruling of Commissioners

The decision of the supreroe court in the
case of the county of Sar DIEGO, plaintiff
end raenon5qn+. AGAINST Riverside county,
defendant and appellant, arrived at the Of
The herald., 1898-11-29
Our Home Brew,

Maier & Zobee!n's ager fresh from their
brewery, on draught in all the principal
ealoons; delivered promptly in bottles or
kegs. Office ard brewery. 440 Also street.
Teephone 81.
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

New styles of vehicles constantly arriv-
ing. Be sure and see them. Hawley, King
G Co, corner Broadway and Fifth st.
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1898-01-20
HIS ADvlCE---DON'T.


fe Had Twisted lie ions 7 al anil Had
Evidence to Prove II.
The man sitting On salt barrel had
a hand on whit. only two fingers were
left, and sizing him up for veteran
Of the war / asked him If he hadn't
been wounded by an exploding shell.
mo, not as I remembers Of" he re-
piled, as he held UP his hand and turn
ed it over and over.
II thought that might have been the
case. but you probably got caught in
some sort OF machinery"
'No, not exactly machinery, SIR"
Gun explode in your hands?"
mo; no gun didn't explode
gave it up at that. but after few
minutes trs man looked up and said
Stranger. you've seen lion. reck-
on?"
"Oh, yes"
"seen 'em Gagged and looking ss
harmless as cats?"
Eyes: they generally look that
way"
That's the way l sized up enc in a
cage in circus. He lay there. looking
SO sleepy and good-natured and harm
less that thought 1t was swindle
on the public and I'd try to rouse him
a bit"
"And so you poked him." I queried.
"No, sir, no poking. I Jest. calcula-
ted to gin his tail about three twists
and make him feel that life wasn't all
beef and bones and sunshine. I wait
ed for my chance and then l reached
my hand in. How far Is 1t from IL
on's mouth to the middle Of his tail p
Several feet at least"
IT thought it was about rod. but
know better now. 1 hadn't more'n got
hold of his tail when he got hold of me
and was gulpin' down them missin
fingers. He wanted the hull hand and
arm, but they beat him Off thought
at first l wouldn't explain matters, but
then l thought l would. look good
deal like fool, don't II"
Hardly that"
''.Well, you do, and that's why / eX.
planned. I was fool huff to want tc
twist lions tail, and you may be foo
huff to want to poke one in the eye
and so my advice is-don't."
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1898-01-20

The newspaper correspondents are
funny fellows. They frequently as
tonish 1.-The natives" of locality by
making 1t famous when the naiv 8
know how entirely bottomless is the
paper tub upon VIII CHI the fame o. tieir
locality is set afloat. The cor. espond-
ents are funny in so many ways. too.
Every man on Puget Sound and every
10Y in acoma, Puyallup and Stella
COON knows that Tacoma's pretenti-
Gus hotel, the Tacoma, has been an
,lenhantine consumer of cash; an un-
usually expensive luxury fer the man
ayers or owners; yet the correspond
ent gravely wires to the world at la ge
that Dan Lamont. ct ais, have tele-
graphed for an optional lease on the
Tacoma hotel! AS If that lease has
not been blowing about the country
for years searching for some one to re-
lieve the owners Of some Of their hotel
deficits.
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1898-01-20

The South appears to be booming
fire. ks j st now. 1t Oxford, North
C-.loI.Aa. cyclone transported
through the air two-story frame
house, and set It down on more
slightly site. 200 yards distant from
the point of embarkation, the family
being at dinner and undlsturbed by
their little whirl. We may look out
for this item again, when it has gath
cred its second wind. When 1t comes
around the next time the house will
probably be of bricks. Alabama mod
estly enters leading by her apron
strings a woman who was struck by
lightning without knocking spawl off
her cheek. The encounter occurred
never mentioned tin fact, she has
not spoken since-but her eyes al
ways blaze like blazes and shine with
the intensity of an arc lamp just be-
fore thunder storm. Georgia peeps
In and exhibits Macon woman who.
in breaking an egg to make pudding,
ended at an early stage the career of
chick with four legs. Texas weakly
attempts to rival Georgia by cackling
and clucking about Galveston woman
who exhibits as a production of her
own hennery a chicken in good health
having two beaks in good working or
der for bugs and currants, and three
ayes always on the lookout for pro-
vender. There are others.