Los Angeles herald., 1907-09-12
ROLLING PIN AND WAFFLE IRON
ON LIST
ALLEGES WIFE DlsMANTLED HIS
HOME
Even Took corkscrew, and San Diego
Man Feels That He Has
Real, Genuine Griev-
ance

day afternoon, reproduced by the prin'
cipals.
The above was not the title of the
claim and delivery suit brought by Ell
more Stewart, a wealthy retired real es
tate broker of San Diego, against hi:
wife Gertie 70. Stewart, which was or
trial before Justice Stephens yesterday
but il might have been to a casual OBJ
server.
Stewart testified he had lived in Sar
Diego for thirty years, and had retired
from active business about twenty years
ago. March H. 1902, his wife left him
and came to Los Angeles to live Wher
she went away from his home she took
sundry trinkets and articles OF furniture
which Mr.. Stewart wants returned.
In the complaint is enumerated q
lengthy list of the furnishings so dear
to Stewards heart that he wants them
back. Part of the list is as follows:
One tin cash box, bound with iron, and
with his name in gold letters on both
Sides 1t contains or did when he last
saw It. all of his deeds and mortgages,
together with the abstracts and all OF his
private papers, and he could place no
value on the box nor its contents; one
double eagle gold piece of the date or
1885, one gold enameled ladies' watch,
diamond scarf pin, about forty pieces or
sheet music, one wooden blanket, Sill
yer thimble, twenty wall pictures IN
frames. one bisque statuette of dane
ing girl, one Standard Lighting company
cookbook, a lot of glassware and Dishes
one waffle iron, a potato masher,
rolling pin, six plated knives and forks
six each of teaspoons and tablespoons,
also plated: one solid silver butter krtfe
one carpet sweeper, pair Of shears, three
enameled pie plates, one enameled wash
basin, one set of pinking irons (what-
ever they may be-, rattan rocker, six
napkins, one commode, twenty-five tow
els, fancy wine set, two asbestos mats,
commonly used to keep the tablecloth
from burning by the bottom of the tea
pot, one night key, which never I'M
locks the door in daylight unless one
shuts his eyes, which belongs to the
plaintiffs house at Sol National avenue
San Diego one brass key to the bed
room formerly occupied by Mrs. Stewart
and, overlooking such common utensils
as trunks, hayrakes and enameled fun
nels, the list is completed with one cork
screw, which in legal parlance of the
complaint is called corkpuller.
Came at Night
The plaintiff did not charge that his
wife took all this junk in her handbag
when she left his house, but had made
frequent trips at night, when she packed
the things and had an expressman cart
them away before 6 o'clock in the
morning. He had seen her taking some
of the things and had tried to prevent
it, but, he said, She always went and
got the six-shooter."
In the answer to the complaint the
defendant took refuge behind the statute
ho oil n
testimony the attorneys for both sides
engaged in a wordy battle as to the legal
aspect of the case. 1t was finally de-
cided to hear the testimony; and the
plaintiff took the witness stand.
He told of his wife leaving in the spring
of 1902, and of how he had come to Los
Angeles on June II of this year to at
tach the goods. When his counsel asked
If he knew where his wife had lived in
this city the counsel for the defendant
objected on the ground that he didn't
want to try divorce in the justice
court.
The objection was sustained and the
next question threatened to precipitate
a riot.
did you see any of your wife's
clothes at the house where you found
the goods?" the witness was asked.
mo, 1 tried to get upstairs to her
room and I was"
Knocked Down Stairs
Here the counsel of the defense again
objected and after a few more unim-
portant questions the witness was re-
leased for cross-examination.
Mr. Stewart was very wary about reply
ing to the questions of his wife's at
torney and hesitated fully minute after
each one He admitted he had started
a divorce suit at San Diego in September,
1906, and that some of the things on his
list had been bought by his wife, but
always with money that 1 gave her." he
added.
In an inadvertent question as to what
happened the day the goods were at
tached the attorney for the defense
brought out the very testimony which he
had strenuously objected to a few mo-
ments before in the direct examination.
when you went to the house with the
constable didn't the man there tell you
he had a claim on the goods?' he asked.
mo, SIR" replied the witness, for the
first time replying with alacrity, and
before his counsel could frame an OBJ
lection mo, sir, he didn't, but he did
kick me down the stairs and call me vile
names; that's what ]. w. Corning did, if
you want to know"
act location of Corning's house, but he
thought it was on Carlton street, between
Fourth and Fifth. He had understood
that his wife kept house for Corning,
but he did not know of his own knowl-
edge that she had ever lived there.
Saw II in Directory
''I want to correct that last state
ment," suddenly exclaimed the witness.
II did know she lived at that house for
over three years. for it says so in the
San Diego directory" he added, as the
attorneys laughed.
Counsel for the defense then undertook
to establish the ownership of each arti-
Gle mentioned in the list, eliciting good
deal of merriment, as Stewart first in
sisted that the defendant had taken the
goods and then admitted he had seen
her take only the carpet sweeper.
81 helped her carry out the commode;
that was given to her by her father
when we were married." the witness
volunteered. but when 1 went into the
kitchen a few moments she took the
dancing girl and rattan rocker lit cost
S14, and the next I saw of them they
were loaded on a wagon.
"She went to locksmith in San Diego
and had key made to unlock my trunk;