davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-11-15
SENTENCE DEFERRED
Young Clark's Affidavit Secures a
Brief Respite

Yesterday was the day previously set for
passing sentence upon Harry +. Clark in
pursuance of the verdict of murder in the
second degree found against him by the
Jury engaged in the trial At the appointed
hour the defendant was brought from the
county Jail and taken to seat beside his
father inside the bar. Judge Smith, in a
matter of fact way, announced the case:
"People VS.. Harry +. Clark, for sentence
this morning."
"If the court please" said Mr.. Shinn,
Clark's attorney, Gin that Clark case, the
matter has taken new turn. l have seen
Maj. Donnell, the district attorney, and he
is willing that the sentence should go over"
Deputy District Attorney McComas quick
[ly interposed an objection. He said: Il
shall oppose any continuance. l think the
new turn to which counsel refers, is not in
good faith"
The Court-Well, well, Mr.. McComas, it
is not for you to pass upon the motives of
the defense.
Mr.. Shinn-I shall at least ask that the
case go over to 2 p. m, until l can obtain
from Maj. Donnell statement regarding
our understanding
Mr.. McComas-I am not advised of any
agreement for continuance, and ask that
none be allowed.
The Court-If counsel for defense is not
prepared to take up the motion for a new
trial at this time, am inclined to let it 90
over to 2 p. IN.
Mr.. Shinn-If there is jury on hand it
might be better to allow the cause to 20
over till Tuesday morning.
The Court-Ihe cause now on trial will
probably take two days, so we had better
take this up early if it is to be continued.
Let the order appear that the time for pass
ing sentence on the defendant be contin-
ued to Tuesday at 9 a. m.
Mr.. Allen-That will give Mr.. McComas
time to consult with his principal and learn
what agreement has been made as to contin-
uance.
The dialogue above quoted shows that Mr..
McComas, at least, is confident that the
right man has been convicted of the murder.
He scouts the idea that Joe Hunter had a
hand in the shooting of the Chinaman and
is not slow in saying that the accusation OF
Hunter has been made chiefly for the pur-
poses of delay.
If left to prosecute the charges against
Hunter, while Mr.. McComas may be relied
upon to bring out all the evidence against
the defendant, he is already so conversant
with the testimony that can be adduced
that he has no expectation that conviction
as principal can be had against Hunter.
The court is apparently desirous of do
ing justice to all, the slight delay neces-
sary for the thorough examination of any
new evidence proposed in the statement to
The herald., 1898-11-15
DOW ON TRIAL
Still Probing to Find What Became of
Darst's Money

The second trial of Albert A. Dow on the
charge of grand larceny began yesterday be-
fore Judge Smith and jury. Deputy Dis
trict Attorney McComas is appearing for the
prosecution and George l.. Sanders for the
Defense!
1t is alleged by the state that Dow admin
istered Knockout" drops to one X. A.
Darst, who came from San Diego on June
Is, last, and robbed him of 1865. Darst was
on his way east and tarried in Los Angeles
to sample the beer just long enough to drop
his "wad" Whether Dow got it, or one or
the other of two strange acquaintances he
met at a poker joint in this city was ques-
ton.
Yesterday it was shown that Darst is
now in Ohio and has BEEN taking the Keeley
cure His evidence given at the prelimin-
airy examination of Dow was therefore read.
Dows associates have left the city and he
has to bear the brunt of the offense.
Witnesses for the state all having testi-
fled substantially as on the previous trial
the taking of testimony for the defense was
commenced yesterday. 1t is expected this
will be closed this forenoon and the cause
will reach the jury today. Nothing of mo
ment has developed thus far which was not
brought out at the previous trial.
The herald., 1898-11-15
ARRA1GNED ON THE COMPLAINT.

ARRAlGNE Ell YIN LIE COMI IAAN4
BY the help of the foregoing document,
the attorneys for the young man who was
lately convicted of murder in the second
degree hope to secure for him new trial.
On the strength Of it, Franklin b. Clark,
Harry's father, swore out the warrant Sat
urday night upon which Joe Hunter was
arrested and lodged in jail Yesterday
Hunter was arraigned before Justice
Young on the complaint charging him with
the murder of Wong Sing Hay, and at
$50 a. m. today his preliminary examina-
ton will begin in the Justices court John
T. Jones has been retained as counsel by
Hunter to defend him during any pro-
ceedings that may spring from the accu-
sation filed against him by the father of
the unhappy young man now awaiting SEN
tence.
INTERVIEW WITH HUNTER. ,a4
Joe Hunter consented yesterday to sub
init to an interview and, in response to
questions propounded by the representa-
tive of The Herald, he said
"When I got home was pretty drunk,
but I remember distinctly that / found
Clark sitting in the dining-room. | asked
him if the wash had come and he said it
had, pointing out the package as it lay on
the lounge in the dining-room. l went at
The herald., 1898-11-15
INDEX TO CITY NEWS

Motorman crushed between a car
and a post.
Squabble over election officers be-
fore the council.
Indiscretions of young wife re-
hearsed in a divorce court.
Electric lineman narrowly escapes
death though touching Give" wire.
Spring street merchants register a
kick against free phonograph emusic"
Engineer Abs-Hagen and what he
knows about the water company's
plant.
Testimony in the much-mixed Case
beer Williams assault case being
taken.
Seventh regiment settled in its last
camp at Agricultural park; the exhi-
bition drill.
Council denies protest Of Hoover
street residents and orders the widen
ing Of the street.
Clark's sentence deferred because Of
developments in the murder case; Joe
Hunters statement.
Board Of education takes action on
the subject Of janitors living in school
houses, and disciplines wagon driver.
Raise in the salary Of city deputies
over the mayors veto fails to secure
the necessary two-thirds vote in the
council.
The herald., 1898-11-15
HER GAIT TOO FAST
Indiscretion Of Wife Rehearsed in
the Divorce Court

Kennedy b. Summerfeld. a prosperous
young man of Santa Monica, where he holds
the office of manager of a local lumber COM
pany, is suing his wife, Agnes X, for di-
vorce. That much was known some time
ago. A partial insight into the grounds of
his complaint was afforded yesterday when
the cause came up before Judge York on
demurrer of defendant and motion for ali
mony and attorneys fees, pending the trial
Of the case on its merits. Atfidavits filed at
that time show bad state of affairs.
Eight years ago young Summerfield, now
a man of 35 years, married the reigning belle
of Santa Monica. She was then scarcely %
years old, handsome, sprightly and a good
match for the man she married, who was a
jolly good fellow and a lover Of hot bird
and cold bottle, though by no means fast.
Together they used to visit downtown re-
sort, where music and good cooking COM
bined to make a pleasant evening, and
where they soon became somewhat ac-
Quainted.
Summerfield at last found the cares of
business sufficiently engrossng, so that he
discontinued these outings. His life had
found them diverting and continued to go on
her own account. Other young men were
there to chat with her and see that she was
supplied with the best the house afforded.
In due time these jovial gatherings became
less orderly, and madame was sometimes in
condition which necessitatcd the hiring Of
hack, in the shadow of which she could
reach her home without betraying any un-
steadiness or risking a collision with the
peace officers.
This was unpleasing to Summer6eld and
he tried to induce his erring spouse to settle
down to the even pace of a wife at home.
His admonitions were unheeded, and in the
complaint which he finally filed, asking for
divorce, allegations of even more serious
character than getting tipsy were made
against the fair Agnes. She has not yet
answered the complaint, but demurred in
stead. The demurrer was overruled, but the
motion for financial relief was granted,
Judge York ordering the plaintiff to pay his
wife $50 as an attorneys fee and S25 per
month as alimony pending the final hearing
of the case
The herald., 1898-11-15
He Adheres Strictly to the Story
as Previously Told
SAYS he DID NOT HELP HARRY CLARK
Full Text Of the Affidavit Accusing Hunter Of Murder
Hearing Before Justice Young Today.
Clarz's Sentence Deferred

a. Clark being duly follows:
in
occurred in the kitchen
fired Hunter
his bill
.
Thn asked him had taken the dirty Clothes said
. and then the quarrel
kind backed hold of the Cinamn
believe and the Chnaman rubbed against the gun shot
hold Two They
fired almost simultaneously After the shooting stood
then the
bleed then Joe Hunter took him and put him the bed This
Hunter
took him little clubhouse back of the Hunter
. don't when he taken there
"Te took when went down the road to could
He said told him would the he had served
tlhat nobody
about would He said had better the San Francisco
said would the his
the train if would
Chnmans clothes;
then down to AL Barrels and from there George Hunters and
told that had better
there all night never told this to attorneys father anybody until
l told hopes that
. to tell (Signed) "HARRY F. CLARK
endorsed follows:
Subscribed before this 18th day November 1898
. (Signed) ~. A. DONNEII.
District Attorney Los Angeles County, California"
The herald., 1898-11-15
THE, BAILY CASE
Revulsion of Feeling Owing to the
Of1ciousness of Wilson

The case of j. w. Bailey, the old man
charged with criminal assault upon the J.
ycar-old daughter of w. w. Pratt, was con.
tinued by Justice \ Ioung yesterday to tomor-
row at $3.50 a. IN. Bailey, it will be remem.
bered, made an Intellectual attempt to COM
nit suicide on the night of October oath by
cutting his throat. His knife was dull and
after hacking away half the night with it,
the old man tainted and was found in the
morning still within the reach Of medical
assistance.
In explanation of his act, he said he could
not endure the disgrace of his position; that
he was innocent, and yet unable to prove it
favor has set in of late. He was arrested
on the unsupported testimony of Specia
Policeman Wilson at Westlake park, who
at first lodged complaint against hin
merely for battery, supplementing this
later with one for the more serious offense
Had Wilson been absolutely sure of the
facts, it is now said, he would have made
the criminal assault charge at first.
It is also pointed out that Wilson wa
mistaken when he stopped II. w. Walker
in Westlake park with revolver shots whei
he was going home Wednesday night last
He stupidity supposed Walker was bur
glar, and, failing to bring him down will
his revolver, he enlisted the aid of Mounted
Policeman Wood and Special Officer Foster
who followed Walker to the nearest house
in which he had taken refuge from Wilson
There Walker produced letters to identif,
himself, and it was found that he lived a
23l6 West Tenth street, where he is en-
gagged in the pastime Of raising orchids
palms and tropical plants.
"Had he not been able to establish hi
identity" say those who have been watch
ing the trend of events, "Wilson woul'
probably have been on hand to swear ou
a warrant against him on the grounds o
burglary. And who shall not say that i
would have been as well founded as that HI
lodged against Bailey?"
At all events, there is slight probabilit,
that the complaint against Bailey will stick
and had he refrained from attempting sui
eide because of the accusation, it is prob
able he would have been released the yer!
day on which he was found drenched will
blood in his cell at the county jail
The herald., 1898-11-15

once to my room, took off my six-shooter
and laid it down, and then threw myself
on the bed. l fell asleep and the next I
knew was when the young people came out
with Letitia Alice and l got up and ate
supper with the rest.
81 have been told that went that night
to AL. Barrell's saloon and afterward to
my brother George Hunters house. If
that is so, do not remember it, After the
young people went away l went back to
bed and slept soundly till morning when my
cousin, Johnny Hunter, came and told me
he had found the Chinaman's horse and
wagon in the road and had taken it home.
Going down to Hoffman's I got Hoffman
to call up the sheriff's office by telephone
and | talked over the wire myself"
''Did you tell them that, a murder had
been committed" asked the reporter.
Hunter-No; did not know at that time
that murder had been committed. just
said there was something wrong out there
and that 1 would like to have Martin
Aguirre came out and looked into it.
GLOW did it happen that you told them
Clark knew something about it?"
'T had learned that there were lot of
undelivered clothes in the wagon and that
it had last been seen at my house."
''Had you talked with Clark about it ?"
Eyes; l asked him when he last saw the
Chinaman, and he said he saw him as the
Chinaman drove down the road after leav-
ing the mousse"
NOT FOOL ENOUGH FOR THAT.
''Now, Joe, is it not fact that you
learned when you got home that Tuesday
night that Clark had killed the Chinaman
and, in a drunken fit of good humor you
helped him to drag the body under the
house?"
'No, no; l would have been fool to do
SO. What, under my house? Do you sup
pose ] would have been idiotic enough to
put it where in time the smell would drive
The herald., 1898-11-15
TODAY'S MUSIC

Today at 8 o'clock the first popular mat
inee concert of the season of l898-09 will
be given at the, Los Angeles theater by the
Los Angeles symphony orchestra, under
the direction of Harley Hamilton. The out
look for the season is quite encouraging, al
though practically but one-half of the
amount to make it a financial success has
been secured; but the call for individual
seats has been very large. This afternoon
is fine one, including popular
arias as we'll as classical music. The soloist
Mrs. Florence Scarborough, will render the
recitative and aria from "Fidelio."
The herald., 1898-11-15
The Largest Hat and Furuishi1g
Goods Store In Los Angeles.
Straight
From the
Shoulder

In the few years that we have been ~
business our success has not been due
to luck, but to good American push.
which has told in our favor, and Will
tell in anyone's favor that will strive
for success in the right way. We
want you for customer. We believe
the merchant who gives you the best
goods for the money down Is entitled
to your patrona age-business is busi-
ness. We have a nice, large, clean
stock of goods; the largest and light
est store of the kind in the city. We
are doing a satisfactory business, but
we want to do more. We have tho
capacity for doing more business with
out increasing our expense account.
The more business we do the lower We
can make our prices. You can come
back and get your money for any ar.
ticle that proves unsatisfactory.
Expect US to have what you want
and to save you something on every
purchase. =.
The herald., 1898-11-15
A Grist of New Citizens

Judge Shaw yesterday admitted Wilhelm
Muller, native of Germany, and William
j. Britten, a native of England, to American
citizenship. Ferro Domenico, a native of
Italy, was admitted by Judge York. Judge
Van Dyke also granted the rights of citizen.
ship to seven Italians, as follows: Francisco
Areconti, Joseph Puccinelli, James Piccolo,
Ben Costruccio, Antonio Ferrario, Steffano
Peluffo and Phillip Fiano. Giuseppe Solda-
vini, also from sunny Italy, was unable to
answer the questions propounded and his de-
sire for naturalization was not gratified
Latest styles wall paper at A. A. Eek
strom's 324 South Spring street.
The herald., 1898-11-15

be submitted in support of new trial for
Clark being, in Judge Smiths opinion, due
to the defendant, whether innocent or
guilty. The precipitate passing of SEN
tence for capital offense with such an affi-
davit in existence, whether true or false,
would not be in keeping with the dignity of
the court. That the final ruling will be in
harmony with justice none who know the
Judge will for a moment doubt.
The herald., 1898-11-15
Flora Released

Flora Warren, the daughter of the 'Span-
ish Beauty" who has been detained for the
last week at the county Jail on charge of
incorrigibility, was yesterday released on
the order of Judge Clark. The district at
torney moved the dismissal of the COM
plant, there being slight evidence Of wrong
doing on the part of the girl.
The herald., 1898-11-15
Federal Court Notes

George A. Quigley yesterday filed a petit
tion in bankruptcy. Assets were placed at
nil and liabilities $99S.
In the bankruptcy case of f. w. Potter, a
petition for final discharge was granted.
Chow Lee, convicted for deportation at
San Diego, is confined in the local federal
Jail, en- route to San Francisco and China.
The herald., 1898-11-15
Put Up a Poor Mouth

The case of DE Cailho1 VS.. lie Mesnager
came before Judge Van Dyke on supple
mentary proceedings yesterday. DR.. de
Cailhol was lately successful in securing a
judgment for some 5000 due as the balance
of an old account for medical service rem
dered to LIE Mesnager and his family. Yes
terday the defendant came into court with
a poor mouth, declaring his inability to sat
isfy the judgment. Most of the property
stands in madame's name, and her hus-
band, though anxious to pay over the mon
ey, said it was impossible. The cause was
continued until today to allow him to talk
the matter over and see if there is not
some way madame can be induced to help
him out.
The herald., 1898-11-15

The Heinrichs, the most talented trio of
singers that has ever been heard in this
city, will give farewell recital at Simpson
tabernacle this evening. Another delight
full program is promised and this, the last
chance of hearing these splendid artists,
should not be neglected.
The herald., 1898-11-15
EVENTS OF TODAY
Orpheum-Vaudeville.
Burbank-"Fra Diavolo'
Los Angeles-Mott's vaudevilles.

Board Of police commissioners
meets-1O a. m.
Academy of Sciences, $50 1-2 South
Broadway-8 p. m.
Recital by the Heinrichs, Simpson
tabernacle-8 p. nj.
Comedietta, "Sixes and Sevens,"
Music halls p. m.
Southern California Baptist State
association, First Baptist churchill
q. m.
The herald., 1898-11-15

hands of Judge Wellborn, awaiting his de-
cision. The indictment Of the defendants
was filed in 1890.
The herald., 1898-11-15

Wall paper, late styles, low prices. at A.
A. Ecks troms, 324 South Spring street.
The herald., 1898-11-15

Maximum temperature, 76.
Minimum temperature, AZ.
Forecast
For Southern California: Fair Tuesday;
frost Tuesday morning; fresh northerly
winds.
The herald., 1898-11-15

Baker g. Hamilton
Prices save money for purchasers Of We
hicles.
The herald., 1898-11-15
THE WEATHER

TEMPERATURE-Reco nf ohserva tions
taken at Los Angeles Nov. 14th. The
barometer Is reduced to sea ievel
The herald., 1898-11-15
Q OBSERVATION-DISCLOSURES
AT THE THEATER
NEUTRALITY-SUSPICIOUS. Q

THE BURBANK.-The Grau Opera
company gave an excellent performance OF
Auber's romantic opera, Fra Diavolo,'
last night with the following cast of char
Arizona republican., 1898-03-30
,r remne f,eur,ng on brick today.

in Tempe figuring on brick today
 The house of F. w. Fellows was en- tered last night. Four dollars and a half were carried oil.
 Tomorrow Dan Kleinman, H. C. Rogers and wife and Miss Hattie Bur- ton will leave for Salt Lake City. Mr. Kleinman is going after his wife. Mr. Rogers will represent the Stake of Zion in the conference of the Mormon church. and Miss Burton will make that city her future home.
 H. s. Peterson Is around again to- day with another petition. This time to raise money to build about seven miles of the Reno road. begin ming above Jeff Adams ranch and constructing a good road on this high fiat which lies in that vicinity. The intention is to build a better road this way than the one leading into Phoenix in order that the travel and business from Tonto Basin will come this way. Doc Peters says if Mesa will raise $35 he will build the road in good shape.
 M. E. Curry of Gicela, Tonto Basin has sold all his property, ranch branch, rock. stock and barrels, re- serving nothing for himself but ''Old Joe'' and a shotgun. Seventeen thou sand dollars was paid over for the property by J. R. Ellison of Pleasant valley. "Old Joe" Is his trusty horse who has served his master for many years
 SCOTTSDALE.
 Scottsdale. Ariz., March 29.-(Special Correspondence of The Republican)- Mrs. R. W. Porter is improving slowly
 Miss Hale, Mr. and Mrs. Brocaw Mrs. Bettfeld and daughter, Mrs Clark and Edith Clark, Francis Banks Margaret Underhill, M. Perkins and some others went to Phoenix, to Or angewood and to the Indian school yes terday for an outing.
 Chaplain Scott was sick Sunday and unable to preach in the morning or give his lecture on Muscle" Sunday evening in Tempe, so Rev. MT. Tom linson preached in the morning, and Rev. MT. Banks in the evening.
Arizona republican., 1898-03-30

couriers with news; but not until after noon were they rewarded. Then, cov- cred with sweat and dust, a corporal Of Grafton's troop rode in. Dr. Gould and Mrs. Hayne were still at Jose's. though they feared they could be of no use there, for not si gn of Florence had been found. sGraftcn had sent couriers on to the Catamount with the tidings of her peril, and his men, in wide dispersed order, were securing the foothills long days marches away. Full half an hour the ladies grouped at Buxton's, listen ing to the soldiers description of their search, and then were strolling home ward when, over toward the west end of the cavalry line, arose the sound of com motion and distress.
 An instant later, as the. doctor, glancing, turned to hasten thither, a woman dressed in deepest black came reeling forth from the Merriams' door way and plungirg wildly down the steps. Everyone knew her at a glance it was Fanny McLane, who stood there now swaying at the gate as though gasping for breath, while calling inar- ticulately for aid. It was but few sec onds before the doctor reached her. They saw him accost her briefly, then go springing past her up the steps and into the house. A moment more and Mrs. Grafton, with other women, reached her.
 What is the matter? What has hap pened, Fanny? Why are you here?"
 And covering, sobbing, shivering, she made answer:
 "Oh, stop him! save him! He'll kill himself. I-told him his wife was gone"
 Too late. Out to the stable the doc tor chased, for bed and room were de- serted. There, wildly gesticu.ating and pointing to the open mesa, was Hep Ling. He rnakee my sadd.e-he makee lide-he alice eore!" he walled. point ing to where. far to the west. T puff of dust cloud was swiftly vanishing dow Ii into the valley cf ;!lc Santa Clara.