anaheim-gazette 1894-03-29
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Anaheim
VOLUME XXIV.
ANAH
PROFESSIONAL CARDS
Wm. H. PERDOMO, M.A., M.D.
Office and Residence near Opera-house Block,
Anaheim.
Consultation Hours—
Until 9 A.M. From 3 to 4 P.M.
English, German, French, Spanish and Italian
spoken.
DR. J. H. BULLARD
A. B., M. D.
PHYSICIAN AND SURGEON.
(Harvard University, Boston, Mass.)
Office and Residence, corner Hermine and Chartres
Streets, Anaheim.
OFFICE HOURS
7 to 8:30 a.m.; 12 to 1:50, and 6 to 7:30 p.m.
H. W. CHYNOWETH,
Attorney-At-Law:
Helmsen Building, Center street.
NOTARY PUBLIC.
Real Property Law a Specialty.
ANAHEIM, CAL
RICHARD MELROSE
ATTORNEY-AT-LAW.
AND
NOTARY PUBLIC.
Center street, Anaheim, Cal
Special attention given to PROBATE matters.
L. NEMITZ,
THE PAINTER,
Shop on Center street, near the opera-house.
I am ready to do first-class Carriage Painting & Trimming
GENERAL JOBBING
L. GUNTHER.
PIONEER BOOT & SHOE MAKER,
Corner Adelaide and Los Angeles streets.
MISCELLANEOUS.
M. H. CHEESEMAN,
(WEST-END GROCER)
Desires to inform the People of Anaheim and vicinity that he is now located in his NEW STORE (near the S. P. depot) and is prepared to give the Public
Bargains In Every Line
BRAND NEW GOODS!
Are Arriving Daily!
Watch - This - Space
For An Announcement
Watch - This - Space
For An Announcement
The Public is cordially invited to call and Inspect my Stock.
M. H. CHEESEMAN.
GUS DAVIS
Groceries and Seeds!
Informs his customers and the general public that he is prepared to sell goods at the smallest margin possible. He buys for cash and therefore can sell for a very small profit, giving his customers the benefit of low prices. No charge for showing goods or answering questions. Come one, Come all!
All Kinds of Produce and Poultry Taken in Exchange
T. J. F. BOEGE,
Wholesale and Retail Dealer in
Wines, Liquors and Cigars.
KEEPS ALWAYS ON HAND
A COMPLETE STOCK!
Of the Finest Wines, Liquors and Cigars.
WINES AND LIQUORS
BY THE KEG, GALLON OR BOTTLE.
Orders by Mail Promptly Attended to.
GOODS DELIVERED FREE OF CHARGE!
Opp. S. P. Depot, ANAHEIM, CAL.
WM. R. HARKER,
DEALER IN...
Harness, Saddles, Robes, Whips,
ANAHEIM
Pharmacy
J. REID, PROPRIETOR
A full line of Pure Drugs constantly on hand. Also Toilet Articles, Brushes, Soaps, Perfumery, Fancy Stationery, Paints, Oils, Etc.
Physicians' Prescriptions Carefully compounded day or night.
PALACE
MEAT MARKET
Bailey & Adams,
PROPRIETORS.
Best Meats the Market Affords Always on Hand.
Also keep Sausages, Bacon, Ham, Lard, Etc.
Meats delivered to all parts of the city free of charge
Shop corner of Los Angeles and Chartres streets
California Saloon.
D. Vincent, Proprietor.
LOS ANGELES STREET...ANAHEIM
THE FINEST WINES, LIQUORS
And Cigars constantly on hand.
Billiard : Table.
FRANK FOX.
City Barber Shop.
FOR A FIRST-CLASS SHAVE!
HOT AND COLD BATHS
New Barber Shop.
The undersigned having opened a New Barber Shop on Center Street, and fitted the same with new chairs and furniture of the latest style and pattern, respectively ask for a share of the public patronage.
The best of workman employed and our customers may rest assured of a first-class shave, hair cut and shampoo.
HERMAN HUSMANN.
OTTO HUSMANN.
Give us a call. nov30if
WANTED
Good Income Property about Anaheim to trade for Chicago income property, or Illinois farm property. Value $1,000 to $10,000. For a Chicago real estate firm who have good facilities for inducing immigration to Anaheim and vicinity.
For particulars apply to or address
II D. POLHEMUS,
Box 1227, Anaheim
Orders by Mail Promptly Attended to.
GOODS DELIVERED FREE OF CHARGE!
Opp. S. P. Depot, ANAHEIM, CAL.
WM. R. HARKER,
DEALER IN...
Harness, Saddles, Robes, Whips,
BRUSHES, COMBS, ETC.
Repairing • Neatly • Done!
My Harness Shop will compare favorably with any shop in this or adjoining Counties. Call and inspect my stock and prices before purchasing elsewhere.
It is my aim to please my customers, and I am now better prepared than ever to give the public Great Bargains in the various departments of my large Harness Store.
KROEGER'S BLOCK, CENTER STREET. ANAHEIM.
JOSEPH BACKS,
DEALER IN...
FURNITURE
Repairing Done.
Funeral Director.
Store in Backs Building (near irrigation district office), Los Angeles street.
F. BACKS,
UNDERTAKER.
And Dealer in FURNITURE.
Wall Paper, Cornices, Window Shades, Picture Frames, Upholstery Goods, Paints, Oils and Glass.
Sewing Machine Supplies, Etc.
Buy Your:
BEET MACHINERY
AT...
John Schauman's Blacksmith Shop
I have lately perfected a new beet cultivator, and invite all beet raisers to call at my place of business and inspect the same.
Agency for the Superior Beet Drill of which I will have samples on hand in 10 or 12 days.
John Schauman.
ANAHEIM, CALIFORNIA, THURSDAY, MARCH 29, 1894.
The Weekly Gazette.
Established 1870.
SUBSCRIPTION, - $2 Per Year.
Six months... 1,000
Three months... 75
sayable invariably in advance.
Advertising Rates made known on application at this Office.
Customary Reductions, and usual discounts, on large Advertisements or those running regularly.
The Gazette is issued every Thursday morning, and is sent to subscribers by the early mails. It is delivered by carrier in Anaheim on the morning of publication.
Entered at the Anaheim Postoffice as second-class matter.
Items of news and correspondence on all live subjects are solicited by the editor. Be brief, and write on one side of the paper only. All communications must be signed by the author, not for publication, but for the information of the editor.
DEATH OF A FORMER BELLE.
DANBURY (Conn.), March 22.—Mrs. Sarah Newton Blanchard, at one time one of the most prominent of Washington society belles, was buried in Danbury yesterday as a pauper, at the expense of the town. She was eighty-four years old.
For a number of years she has lived in poverty, her pride preventing her from letting her condition be known to her friends. She was born in Boston, February 18, 1810. Her parents were descendants of the old Wilson family of England, who at one time were reported to own one-half of the city of Leeds.
In her fifteenth year, while a student of Miss Tepliff's academy in Boston, she had the honor of presenting to General Lafayette a bouquet as he passed through the city on the occasion of his second visit to America.
In her eighteenth year she accompanied her father to Washington and was formally introduced to General Jackson and received marked attention from him. She was in Wash-
ionaire prince to Miss Tyler. Every night she receives from the stage door at least $50 worth of violets, and rich presents are daily going to her apartments. The handsome broughtam which calls for her at the stage door of the Academy of Music, where she is playing in "The Girl I Left Behind Me," bears the Gould monogram and was a recent present from her betrothed.
About ten days ago Miss Tyler left the company for a four days' visit in Washington. On her return it was observed by everybody in the company that she was unusually radiant. Then she began ordering new dresses; the $9,500 ruby ring appeared on her linger, her foot never touched the pavement because her carriage was always at the door, and presently it was whispered that the object of her trip to Washington was to get married; that she and Howard Gould had been quietly preparing to have a grand public ceremony, with all the members of both families present, in York York. The rumor, however, was denied by both Miss Tyler and Mr. Gould. It was a noticeable fact that the substance of the statement given out by either was almost identically the same.
Since then, it is said, preparations for the wedding have progressed rapidly. Miss Tyler declines to be seen or to be interviewed. As soon as an interviewer called on Miss Tyler in regard to the Washington story a message of warning was dispatched to Mr. Gould. His visit stopped and every effort was made to suppress the gossip and cut off the means of obtaining information about the fair actress and her movements.
According to a statement made by one of the members of the company, a $50 bunch of violets continues to come every night, to the great distress of the other members of the company, who get none. It is said that Mr. Gould was anxious to have his marriage ceremony performed before this, but Miss Tyler finally agreed to compromise on the last of the spring.
With this eventful marriage in view friends have been "notified." The young lady has met all of the members of the Gould family and been fully introduced to their most intimate friends, and Miss Tyler's own family have come up from the South to assist in making the occasion one of joy and honor. Meanwhile every effort is exerted to keep the affair secret, and stereotyped denials are heard on every side.
LA FIESTA DE LOS ANGELES.
The grand carnival, "The Feast of the
THE GARDINER CASE
THE SUPREME COURT SENDS BACK
CASE FOR A NEW TRIAL.
The Supreme Court has rendered its opinion in the case of the Anaheim Union Company against J. S. Gardiner, a bondsmen, reversing the judgment and on what appears, to the non-legal very filimay grounds. Out of 92 assigns of error specified by appellants as good for reversing the decision, the Supreme Court found but two points which posed any merit. That is enough, however, volve another tedious and protracted trial on the case and keep the litigation alive and year or two. The Court in its opinion it would be necessary if we were to believe upon it that all the points may appellants are based, practically to copulate on motion for a new trial, as are 92 assignments of error and speeches of insufficiency of the evidence, upon 65 pages of the record. With this caption of those hereinafter referred to are entirely without merit, although certainly plausible as they are stated to upon the Court a great deal of unnecessary labor in passing upon them.
Briefly stated, this is the case: The defendant, Gardiner, was Secretary of plaintiff (a corporation) from January 1887, until February 1891. On his day of February 1889, the defence Kraemer and Parker, as sureties, and Gerner as principal, executed to plaintiff a tor $1,000, conditioned as follows: "We as the above-bound principal, J. S. Gerner, was at a meeting of the Board of rectors of the Anaheim Union Water company, a corporation, held on the 2d day February 1889, duly elected to the office Secretary of said corporation; now, therefore, the condition of this obligation is that if the said J. S. Gardiner shall well faithfully perform all official duties now required of him by the laws of such country, and shall well and faithfully execute and perform all the duties of such office Secretary as required by any law to be acted by such corporation or its Board of rectors subsequently to the execution of bond, then this obligation is to be void.
It is claimed by the plaintiff that
poverty, her pride preventing her from letting her condition be known to her friends. She was born in Boston, February 18, 1810. Her parents were descendants of the old Wilson family of England, who at one time were reported to own one-half of the city of Leeds.
In her fifteenth year, while a student of Miss Topliff's academy in Boston, she had the honor of presenting to General Lafayette a bouquet as he passed through the city on the occasion of his second visit to America.
In her eighteenth year she accompanied her father to Washington and was formally introduced to General Jackson and received marked attention from him. She was in Washington during Van Buren's administration and at social receptions she was the leading belle. She became a favorite of some of the most distinguished men of the nation, including Henry Clay, John C. Calhoun of South Carolina and Thomas H. Benton, then Senator from Missouri, and many other eminent statesmen of the period.
After her husband's death, which occurred in June, 1855, Mrs. Blanchard was offered and accepted a high position in the General Land Office, which she retained during the administration of Franklin Pierce. Gifted with uncommon political sagacity, her advice and counsel were often sought by leading political men of the day, and it is said she never erred in her estimate of character or of the course of political events.
In 1856, during Buchanan's term of office, her political influence enabled her not only to retain her own position but to secure important positions for others. When the war broke out Mrs. Blanchard was in Richmond, Va., visiting among friends, and being anxious to join her young son, then in New York, she succeeded in passing through the line of the opposing forces without a flag of truce and escorted the Greek and German Consuls safely through.
A MISSING FLANCE.
New York, March 26.—Miss Bertha Strauss, a pretty young woman of this city, has been made a victim of a designing young man, who has played havoc with her affections and her pocket book. Her parents here are rich and she can stand the financial part of her troubles, but the fact that she was to have been married to the man who has treated her so badly brings tears to Miss Bertha's eyes when she thinks of how her acquaintances will smile as April 13th, the date set for the wedding, will pass by without any ceremony.
Eugene A. Summerfield is the man who was to have been the bridegroom. He is missing with money borrowed right and left. He disappeared on Wednesday of last week and is thought to be either in Chicago or San Francisco. Summerfield is thirty-eight years old and has a swaive manner. He originally came from San Francisco. He went to the World's Fair, where he met C. Herzog of this city, and together with him ran a lemonade stand in the Fair grounds. Herzog liked him, and when, after the Fair, Summerfield came on to New York the Herzoga took him to live with them and introduced him to all their acquaintances.
Summerfield pretended to be rich, and hired a box in a safe-deposit vault of which he exhibited the key in support of his assertion. He borrowed money from time to time from Mrs. Herzog because he said he was temporarily embarrassed. He was introduced to the Straus family, and took pains to make himself agreeable to Bertha, who is not only pretty but had $3,000 in the bank. His flattery and attentions were favorably received by the young woman and they were soon deeply in love. She consented to become his wife and some weeks ago their engagement was announced at a party given at the prospective bride's home.
LA FIESTA DE LOS ANGELES.
The grand carnival, "The Feast of the Angels," to be held at Los Angeles April 13th, will be a festival season of splendid effects, under the pretty Spanish title, "La Fiesta de los Angeles."
The idea has been entertained for several years, and this year progressive citizens of Los Angeles determined to carry it out. The primary object is to make a gala day for their own and outside townspeople.
As the feverish speculative area has given place to solid prosperity and happiness, the need is felt for more social intermingling and diversion among people who come here, not solely for making money and seeking health, but to live an easier life in a more poetic clime.
With the ideal conditions of our favored region, there is every incentive to give ourselves relaxation and pleasure, such as is enjoyed in the great Southern cities the world around; as the "Mardi Gras" of New Orleans, the "Flower Fair" of Tallahassee, the "Carnival" of Rome, and other world famous festivals.
All unknown to the world are the countless little village fetes of Spain, Southern France and Italy, which the simple peasants hold yearly, and which constitute the most picturesque feature of European life.
The introduction of La Feita de Los Angeles is a step towards inauguration in all Southern California cities, a spring festive season to be held in successive periods, so there will be a round of distinctive festivals from San Diego on the south to Santa Barbara on the north and Redlands up among the hills on the coast.
This will be one of the greatest attractions we can offer to Eastern tourists to extend their winter sojourn into our flowery spring; so that instead of remaining in one place and having no general knowledge of our industries, resources and attractions they will make the rounds of all our leading towns and be fully impressed and inspired with our ideal land.
The plans for the grand carnival have been pretty fully worked out. It will consist of street parades with historic allegorical floats, night processions of masqueraders and grotesque effects under colored lights, a floral parade and children's parade, when ten thousand public school children will be in line.
The entire city will be decorated in the carnival colors; red for wine, green for olive, orange for the king of fruits.
From the opening of the demonstrations on Tuesday, April 10th (when the queen of the angels and her train is met by heralds and Spanish cavaliers and escorted to Sixth Street Park, where the ceremony will take place of the abdication of the mayor to the city's tutelar divinities, who during the fete will impersonate the guardian angels of the city), to the closing denouncement of the carnival ball (when at a bugle note from a herald's trumpet at midnight of Friday, April 13th, the masks drop from the face of the Queen and her angels, revealing them as loved and honored ladies of the city), there will be an unbroken succession of striking events.
It is claimed by the plaintiff that this bond was executed Gardiner holding two moneys he had collected for the company sum of $880 37; that between this day execution of the bond and September 1889, he held moneys of the plan amounting to $16,725 22; including $880 37, and that he paid in during that riod $14,982 91; leaving a balance due corporation of $1,001 61. Of this there is evidence tending to show that $880 was collected by Gardiner in August; on a note for that amount executed; to Boeckmann, but no record of the transaction appears in the books; except the order for board authorizing the issuance of the Plaintiff recovered judgment in the case below against the sureties for $1,000 costs of suit, and from that judgment order denying their motion for a new defendant have appealed.
The Court gave to the jury the following instruction:
“If you find from the evidence that fendant J. S. Gardiner, on the 16th February, 1889, had or should have had his hands as Secretary of plaintiff any eyes of plaintiff, and that the subsequent possits and payments made by him to pitt and the treasurer of plaintiff bett said date and the 1st day of September 1889 (not applied to the payment of its accounts, balances and receipts), equiv such amount found in his hands on date; then, and in that event, The Court structs you to add the amounts found in hands February 10, 1889; to the amount received by him as secretary of plaintiff twiced 16th day of February 1889 September 1, 1889; and deduct from total amount the amount of payments by him to him the plaintiff and plaintiff’s arer, as shown by the evidence. The arer if any would be the balance in hands of said Gardiner; as secretary plaintiff; and would be the amount owing him to plaintiff on said date; and for his balance of said amount, the Court institutes you will render a verdict for the plaintiff unless you also find that the sum been subsequently paid.”
This instruction was erroneous. It clarified to the jury that the sureties liable for all moneys collected by Gardiner not turned over to the company prior February 16, 1889; and assumed that he not a defaulter in any sum prior to that date this assumption learned Judge used for functions of the jury. It was for latter to determine upon all the circumstances of case whether Gardiner was a fauler at time the bond was exerted; if he was,the sureties therein were liable for his dereliction. Where a bond is executed the sureties are not likely for money converted by the officer prices execution; and the plaintiffs are bound show conversion afterthe execution or bond sued upon.
Here follow numerous citations and statements from decisions in other States tainingthe above content as tothe bilityof sureties. The court then says it will be found that there is not an agreement inthe decided cases respectingthe liabilities of sureties on second bail
QUEER CONDITIONS AS TO CANDIDATES.
Ontario Record.
The Los Angeles Times reads the voters of that county a lecture on the subject of the "early bird" candidate whose friends are already pledging prospective delegates to the county convention. And the ANAHEIM GAZETTE publishes the salary list in Orange county, which is increased for the coming two years, and states that if any citizens enrolled on the great register have not been announced as candidates for county offices, they had better beaten to do so and make the thing unanimous. In this county it has not been necessary for the voters to put up any barbed-wire fence to protect themselves against candidates or their friends. If the reclassification and consolidation ordinances of the Supervisors stand, we shall have to institute a rabbit drive to drum up candidates in the sage brush. There is no eagerness to hold office under the hard times basis on which they will be placed, and the offices will have to seek the men this year.
Ruckten's Arnica Salve.
The Best Salve in the world or Cuts, Bruises, Sores, Ulcers, Salt Rheum, Fever Sorex, Tetter, Chapped Hands, Chilblains, Corns, and all Skin Eruptions, and positively cures Piles, or no pay required. It is guaranteed to give perfect satisfaction, or money refunded. Price 25 cents per box. For sale by W. M. Higgins.
YOUNG GOULD AND ODETTE.
It can be stated on good authority that Howard Gould and Miss Odette Tyler, the well-known actress, are to be married very shortly and are to make a bridal trip of a year and a half in one of Gould's yachts around the world. Young Gould was introduced to Miss Tyler on the Pacific Coast by a prominent railroad official during her tour with Charles Frohman's company two years ago. Since then Mr. Gould has been devoted to Miss Tyler, but his devotion did not assume a serious phase until recently. Within three or four weeks he presented her with a magnificent ruby engagement ring, which she now wears. It is one of Tiffany's best and cost $9,500.
No knight of the Middle Ages was more true to his lady love than is this young mill-
lked him, and when, after the Fair, Summerfield came on to New York the Herzog took him to live with them and introduced him to all their acquaintances.
Summerfield pretended to be rich, and hired a box in a safe-deposit vault of which he exhibited the key in support of his assertion. He borrowed money from time to time from Mrs. Herzog because he said he was temporarily embarrassed. He was introduced to the Strauss family, and took paina to make himself agreeable to Bertha, who is not only pretty but had $3,000 in the back. His flattery and attentions were favorably received by the young woman and they were soon deeply in love. She consented to become his wife and some weeks ago their engagement was announced at a party given at the prospective bride's home.
Last Wednesday Summerfield borrowed $200 from Bertha, ostensibly to start a cigar business. He also robbed the Herzogs of $90 the same day. Then the wretch skipped out. Detectives have been notified.
QUEER CONDITIONS AS TO CANDIDATES.
Ontario Record.
The Los Angeles Times reads the voters of that county a lecture on the subject of the "early bird" candidate whose friends are already pledging prospective delegates to the county convention. And the ANAHEIM GAZETTE publishes the salary list in Orange county, which is increased for the coming two years, and states that if any citizens enrolled on the great register have not been announced as candidates for county offices, they had better beaten to do so and make the thing unanimous. In this county it has not been necessary for the voters to put up any barbed-wire fence to protect themselves against candidates or their friends. If the reclassification and consolidation ordinances of the Supervisors stand, we shall have to institute a rabbit drive to drum up candidates in the sage brush. There is no eagerness to hold office under the hard times basis on which they will be placed, and the offices will have to seek the men this year.
Bucktene's Arnica Salve.
The Best Salve in the world or Cuts, Bruises, Sores, Ulcers, Salt Rheum, Fever Sorex, Tetter, Chapped Hands, Chilblains, Corns, and all Skin Eruptions, and positively cures Piles, or no pay required. It is guaranteed to give perfect satisfaction, or money refunded. Price 25 cents per box. For sale by W. M. Higgins.
YOUNG GOULD AND ODETTE.
It can be stated on good authority that Howard Gould and Miss Odette Tyler, the well-known actress, are to be married very shortly and are to make a bridal trip of a year and a half in one of Gould's yachts around the world. Young Gould was introduced to Miss Tyler on the Pacific Coast by a prominent railroad official during her tour with Charles Frohman's company two years ago. Since then Mr. Gould has been devoted to Miss Tyler, but his devotion did not assume a serious phase until recently. Within three or four weeks he presented her with a magnificent ruby engagement ring, which she now wears. It is one of Tiffany's best and cost $9,500.
No knight of the Middle Ages was more true to his lady love than is this young mill-
lked him, and when, after the Fair, Summerfield came on to New York the Herzog took him to live with them and introduced him to all their acquaintances.
Summerfield pretended to be rich, and hired a box in a safe-deposit vault of which he exhibited the key in support of his assertion. He borrowed money from time to time from Mrs. Herzog because he said he was temporarily embarrassed. He was introduced to the Strauss family, and took paina to make himself agreeable to Bertha, who is not only pretty but had $3,000 in the back. His flattery and attentions were favorably received by the young woman and they were soon deeply in love. She consented to become his wife and some weeks ago their engagement was announced at a party given at the prospective bride's home.
Last Wednesday Summerfield borrowed $200 from Bertha, ostensibly to start a cigar business. He also robbed the Herzogs of $90 the same day. Then the wretch skipped out. Detectives have been notified.
QUEER CONDITIONS AS TO CANDIDATES.
Ontario Record.
The Los Angeles Times reads the voters of that county a lecture on the subject of the "early bird" candidate whose friends are already pledging prospective delegates to the county convention. And the ANAHEIM GAZETTE publishes the salary list in Orange county, which is increased for the coming two years, and states that if any citizens enrolled on the great register have not been announced as candidates for county offices, they had better beaten to do so and make the thing unanimous. In this county it has not been necessary for the voters to put up any barbed-wire fence to protect themselves against candidates or their friends. If the reclassification and consolidation ordinances of the Supervisors stand, we shall have to institute a rabbit drive to drum up candidates in the sage brush. There is no eagerness to hold office under the hard times basis on which they will be placed, and the offices will have to seek the men this year.
Rucktene's Arnica Salve.
The Best Salve in the world or Cuts, Bruises, Sores, Ulcers, Salt Rheum, Fever Sorex, Tetter, Chapped Hands, Chilblains, Corns, and all Skin Eruptions, and positively cures Piles, or no pay required. It is guaranteed to give perfect satisfaction, or money refunded. Price 25 cents per box. For sale by W. M. Higgins.
YOUNG GOULD AND ODETTE.
It can be stated on good authority that Howard Gould and Miss Odette Tyler, the well-known actress, are to be married very shortly and are to make a bridal trip of a year and a half in one of Gould's yachts around the world. Young Gould was introduced to Miss Tyler on the Pacific Coast by a prominent railroad official during her tour with Charles Frohman's company two years ago. Since then Mr. Gould has been devoted to Miss Tyler, but his devotion did not assume a serious phase until recently. Within three or four weeks he presented her with a magnificent ruby engagement ring, which she now wears. It is one of Tiffany's best and cost $9,500.
No knight of the Middle Ages was more true to his lady love than is this young mill-
lked him, and when, after the Fair, Summerfield came on to New York the Herzog took him to live with them and introduced him to all their acquaintances.
Summerfield pretended to be rich, and hired a box in a safe-deposit vault of which he exhibited the key in support of his assertion. He borrowed money from time to time from Mrs. Herzog because he said he were temporarily embarrassed. He was introduced to the Strauss family, and they were soon deeply in love. She consented to become his wife and some weeks ago their engagement was announced at a party given at the prospective bride's home.
Last Wednesday Summerfield borrowed $200 from Bertha, ostensibly to start a cigar business. He also robbed the Herzogs of $90 the same day. Then the wretch skipped out. Detectives have been notified.
QUEER CONDITIONS AS TO CANDIDATES.
Ontario Record.
The Los Angeles Times reads the voters of that county a lecture on the subject of the "early bird" candidate whose friends are already pledging prospective delegates to the county convention. And the ANAHEIM GAZETTE publishes the salary list in Orange county, which is increased for the coming two years, and states that if any citizens enrolled on the great register have not been announced as candidates for county offices, they had better beaten to do so and make the thing unanimous. In this county it has not been necessary for the voters to put up any barbed-wire fence to protect themselves against candidates or their friends. If the reclassification and consolidation ordinances of the Supervisors stand, we shall have to institute a rabbit drive to drum up candidates in the sage brush. There is no eagerness to hold office under the hard times basis on which they will be placed, and the offices will have to seek the men this year.
Rucktene's Arnica Salve.
The Best Salve in the world or Cuts, Bruises, Sores, Ulcers, Salt Rheum, Fever Sorex, Tetter, Chapped Hands, Chilblains, Corns, and all Skin Eruptions, and positively cures Piles, or no pay required. It is guaranteed to give perfect satisfaction, or money refunded. Price 25 cents per box. For sale by W. M. Higgins.
YOUNG GOULD AND ODETTE.
It can be stated on good authority that Howard Gould and Miss Odette Tyler, the well-known actress, are to be married very shortly and are to make a bridal trip of a year and a half in one of Gould's yachts around the world. Young Gould was introduced to Miss Tyler on the Pacific Coast by a prominent railroad official during her tour with Charles Frohman's company two years ago. Since then Mr. Gould has been devoted to Miss Tyler, but his devotion did not assume a serious phase until recently. Within three or four weeks he presented her with a magnificent ruby engagement ring, which she now wears. It is one of Tiffany's best and cost $9,500.
No knight of the Middle Ages was more true to his lady love than is this young mill-
lked him, and when, after the Fair, Summerfield came on to New York the Herzog took him to live with them and introduced him to all their acquaintances.
Summerfield pretended to be rich, and hired a box in a safe-deposit vault of which he exhibited the key in support of his assertion. He borrowed money from time to time from Mrs. Herzog because he said he were soon deeply in love. She consented to become his wife and some weeks ago their engagement was announced at a party given at the prospective bride's home.
Last Wednesday Summerfield borrowed $200 from Bertha, ostensibly to start a cigar business. He also robbed the Herzogs of $90 the same day. Then the wretch skipped out. Detectives have been notified.
QUEER CONDITIONS AS TO CANDIDATES.
Ontario Record.
The Los Angeles Times reads the voters of that county a lecture on the subject of the "early bird" candidate whose friends are already pledging prospective delegates to the county convention. And the ANAHEIM GAZETTE publishes the salary list in Orange county, which is increased for the coming two years, and states that if any citizens enrolled on the great register have not been announced as candidates for county offices, they had better beaten to do so and make the thing unanimous. In this county it has not been necessary for the voters to put up any barbed-wire fence to protect themselves against candidates or their friends. If the reclassification and consolidation ordinances of the Supervisors stand, we shall have to institute a rabbit drive to drum up candidates in the sage brush. There is no eagerness to hold office under the hard times basis on which they will be placed, and the offices will have to seek the men this year.
Rucktene's Arnica Salve.
The Best Salve in the world or Cuts, Bruises, Sores,Ulcers,Salt Rheum,Fever Sorex,Tetter,Chapped Hands,Chilblains,Corns,and all Skin Eruptions,and positively cures Piles,or no pay required. It is guaranteed to give perfect satisfaction,or money refunded。Price 25 cents per box.Fer sale by W.M.Higgins.YoUNG GOULD AND ODETTE.
It can be stated on good authority that Howard Gould and Miss Odette Tyler,the well-known actress,aTo be married very shortly,and are To make a bridal trip of a year and a half in one of Gould's yachts aroundthe world.Young Gould was introducedto MissTyleronthePacificCoastbyaprominentrailroadofficialduringhertourwithCharlesFrohmancompanytwoyearsago.SincethenMr.GouldhasbeendevotedtoMissTylerbuthisdevotiondidnotassumeaseriousphaseuntilrecentlyWithinthreeorfourweekshepresentedherwithamagnificentrubyengagementringwhichshenowwears.Ittheonewearsonfactheindependentlyandthesameistrueiftheywere 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THE GARDINER CASE.
SUPREME COURT SENDS BACK THE CASE FOR A NEW TRIAL.
Supreme Court has rendered its decision in the case of the Anaheim Union Water Company against J. S. Gardiner, and his men, reversing the judgment and order that appears, to the non-legal mind, may grounds. Out of 92 assignments or specified by appellants as grounds reversing the decision, the Supreme Court but two points which possessed merit. That is enough, however, to in another tedious and protracted trial of the case and keep the litigation alive another two. The Court in its opinion says: would be necessary if we were to state it upon which all the points made byrants are based, practically to copy the motion on motion for a new trial, as there are assignments of error and specificity of insufficientness of the evidence, based on 55 pages of the record. With the exception of those hereinafter referred to, they directly without merit, although sufficient as they are stated to entail the Court a great deal of unnecessary passing upon them.
Only stated, this is the case: The day, Gardiner, was Secretary of the U.S. (a corporation) from January 1, until February 1891. On the 15th February, 1889, the defendants, Parker, as sureties, and Gardinprincipal, executed to plaintiff a bond of 900, conditioned as follows: "Whereas above-bound corporation, held on the 2d day of January, 1889, duly elected to the office of said corporation; now, therefore condition of this obligation is such that J. S. Gardiner shall well and fully perform all official duties now required him by the laws of such corporation or its Board of Dissubsequently to the execution of this obligation is to be void," etc., claimed by the plaintiff that when cases cited in which the delinquent officers were public officials, and entitled to retain the monies collected until the end of the term, are not in point. Here it was the duty of the Secretary to turn the money over to the Treasurer, immediately, or within a reasonable time, at least, after he received it. The provision requiring the Secretary to turn over the money forthwith, was not an idle one, and the sureties had the right to assume that the board would enforce it. If it had been fairly observed, the question in this case would never have arisen. In Street vs. Lawrence, 5 Rich., S.C., 251, the court said: "But, admitting the construction of the decree of 1836 contended for on behalf of the appellants and that the master was not ordered to invest this fund by that decree, the court is of the opinion that the master committed a default in not depositing the fund in the bank, as required by the Act of 1840. And this default having been committed during those official terms for which Mrs. Lawrence was his surety, she became on that account liable." We do not deem it necessary to endorse this proposition to the extent stated. A failure to pay over money to the Treasurer forthwith, or at any other specific time, may be merely a breach of duty, not amounting to a default, but it is certainly an important element in determining whether there has been a default, that there has been a long delay unaccounted for in the payment of the money, in violation of some statutory provision or by law.
It is claimed by the appellant that the evidence does not support the verdict, and, as we understand the testimony of the experts, and that of the plaintiff's Treasurer, the Secretary actually turned over to the plaintiff all of the monies collected by him, except $91 61. Assuming that he had in his hands at the time of the execution of the bond $880 37, he collected altogether $151,073 52, and turned over $14,982 91, shown by the books. This would leave a balance of $90 61, as stated before, but it is claimed that, as there is no record in the books of the Boeckman check for $1,900, it is apparent that he failed to turn over $1,.901 61. It is the fact, however, and not the condition of the books, which fixes the liability of these defendants. It is in evidence and undisputed, as we understand the record, that the check of Boeckman was paid by the Bank of Anaheim and credited to the account of the plaintiff (p. 85.) There is nothing to show that the Secretary over drew the money out. The thousand dollars may still be on deposit in the bank.
LATE NEWS OF INTEREST.
William Tnompson, son of a well-to-do San Jacinto rancher, committed suicide by shooting himself through the head. The cause of the suicide is supposed to have been melancholy over the loss of a valuable horse.
The House Committee on Elections, by a party vote, has unseated Congressman Hilborn (Rep.), of the Third California District, in favor of the Democratic contestant, English.
Hon. A. G. Throop, familiarly known as "Father" Throop, founder of the Polytechnic College at Pasadena, and well knows throughout Southern California, died at his residence in Pasadena at 3 o'clock last Thursday afternoon.
In the divorce case of Clara B. Williamson vs. James D. Williamson, Judge Towner has ordered that defendant shall pay $25 a month alimony, beginning March 1, and $150 to enable the plaintiff to prosecute her action for divorce.
Benjamin F. Davis died Thursday at his residence near Orange. Mr. Davis was the father-in-law of Recorder Bowers, and was a native of Ohio; 81 years old. The funeral occurred Saturday from the residence at 2 o'clock.
Supreme President Traynor of the A. P.A. has made a speech on the objects and aims of association, in which he made a number of sensational statements. He declared that the order now controlled two million votes and would name United States senators in several western states next year. He also said that it was through the influence of that organization that John Y. McKane was sent to Sing Sing.
Naval circles at Washington are discussing the orders recalling Commodore Kirkland, en route to Hawaii recently, and instructing Admiral Walker to take command of our naval forces at that station. Admiral Walker has just finished a term of sea duty and was expected to have a long spell on shore. The orders are undertood to be due to a well-authenticated report that the Hawaiian Government is about to apply to some other power for either annexation or a protectorate, and the wish of the President is to have an old and war-tried naval officer in command at Hawaii should such a thing come to pass. The Admiral will carry orders to resist promptly and with all his strength an-
principal, J. S. Gardiner, at the meeting of the Board of the Anaheim Union Water Company, held on the 2d day of July, 1889, duly elected to the office ofury of corporation; now, there condition of this obligation is such said J. S. Gardiner shall well and perform all official duties now re-aim him by the laws of such corpora-d shall well and faithfully execute form all the duties of such office ofury as required by any law to be any such corporation or its Board of Dis- subsequently to the execution of this obliqe is to be void, etc. claimed by the plaintiff that when and was executed Gardiner held of the he had collected for the company the $880 37; that between this date of execution of the bond and September 1, he held money of the plaintiff to $16,072 52, including said J., and that he paid in during that period 982 91, leaving a balance due the tion of $1,091 61. Of this amount evidence tending to show that $1,000 selected by Gardiner in August, 1889, for that amount executed, to one annn, but no record of the transaction in the books, except the order of the authorizing the issuance of the note. F recovered judgment in the Court against the sureties for $1,000 and suit, and from that judgment and an enying their motion for a new trial courts have appealed.
Court gave to the jury following action:
You found from the evidence that de-J. S. Gardiner, on the 16th day of July, 1889, had, or should have had, in his as Secretary of plaintiff any moni-taint, and that the subsequent de-mand payments made by him to plaintiff the traasurer of plaintiff, between and the 1st day of September, not applied to the payment of other balances and receipts), equalled amount so found in his hands on said annn, and in that event, the Court in you to add the amounts found in his February 16, 1889, to the amounts re-omy him as secretary of plaintiff be laid 16th day of February, 1889, andober 1, 1889, and deduct from this amount the amount of payments made to the plaintiff and plaintiff's treas-s shown by the evidence. The balan- would be the balance in of said Gardiner, as secretary of , and would be the amount owing by plaintiff on said date, and for which of said amount, the Court instructs you will render a verdict for the plaintiff as you also find that the sum has subsequently paid."
Instruction was erroneous. It de- tended to the jury that the sureties were for all moneyys collected by Gardiner turned over to the company prior to July 16, 1889, and assumes that he was faultor in any sum prior to the time execution of the bond in suit. In assumption learned Judge usurped actions of the jury. It was for the determine upon all the ciroumtan- case whether Gardiner was a da-time the time the bond was executed; one was the sureties therein were not for his dereliction. Where a second executed the sureties are not liable they converted by the officer prior toution, and the plaintiffs are bound to conversion after the execution of the lia- sureties. The court then says: I will be found that there is not an entire out in the decided cases respecting utilities of sureties on second bonds,
The court then says: I will be found that there is not an entire out in the decided cases respecting utilities of sureties on second bonds,
The judgment and order are reserved and the cause remanded for a new trial.
PATERSON, J.
We concur: HARRISON, J., GAROUTTE, J.
Naval circles at Washington are discussing the orders recalling Commoderde Kirkland, en route to Hawaii recently,and instructing Admiral Walker to take command of our naval forces at that station.
Admiral Walker has just finished a term of sea duty and was expected to have a long spell on shore. The orders are understood to be due to a well-authenticated report that the Hawaiian Government is about to apply to some other power for either annexation or a protectorate, and the wish of the President is to have an old and war-tried naval officer in command at Hawaii should such a thing come to pass.
The Admiral will carry orders to resist promptly and with all his strength an attempt by any foreign power to annex the islands or establish a protectorate over them.
The pursuit of the Roscoe train robbers by the Los Angeles authorities and the railroad company's detectives developed an amusing conflict of authority. A few nights ago a private detective and a deputy constable left the city armed to the teeth. To a personal friend they imparted the information that they would be back either Tuesday or Wednesday and that they would have at least one of the train robbers in custody. When they returned sure enough they had a man in town, but when they handed him over to proper authorities they were surprised to learn that he was a detective, who had been employed by Sheriff Clino a few days previous to shadow certain suspected parties. It is not known whether the suspected parties were the two who made the arrest.
A bloody tragedy occurred at Midvale near Wilkesbarre, Pa., one day last week. John Sanders, a Polish boarding-house keeper, had a quarrel with Mills Bishop. He fired at the latter with a Mills Bishop. The shot missed Bishop, but killed a two-year-old boy in his mother's arms in the adjoining room. The second shot entered Bishop's body, near heart. Sanders then accused his wife of being too intimate with Bishop, and shot her twice, probably fatal. In less than an hour a mob of 500 gathered at Sandera house and attempted to tear it down. Sandera fired uponthem. His ammunition was soon exhausted, and he was arrested. An effort was made to lynch him, but failed,Bishop will probably die.
A P. Torielli, who was five years ago sentenced to a term in San Quentin, and is yet unpunished,surrendered himself to justice last Friday under extraordinary circumstances. Tonielli, in 1889, attempted to blackmail Edward Larcher,a San Francisco teacher of Latin,out of $300.Ho was arrested,tried,c convicted and sentenced to six months in prison.The case was appealed,Tonielli in the meantime furnishing $500 cash bail.The Supreme Court affirmedthe case and sent back a remittitur,bbut mean-time Tonielli had gone East.The remittitur was mislaid and the case forgotten.Friday Tonielli appeared before the Superior Court and asked it to allow him to serve his sentence,providedthe $200 cash bail was refunded.His wife was dangerously sick and he was in great need of money.The case was taken under advisement.Judge Slack saying,however,the money would be refunded if Tonielli furnished a $1,000 bond.
A weak-minded Santa Ana barber named Frank Huber cut himself in a horrible manner with a razor last Thursday morning and bled to death in his room in the Semi-Tropic Hotel on East Fourth street.He had been drinking heavily for several days,and was last seen alive late the preceding eveningwhen in his room intoxicated.At 9 o'clock Thursday morningthe occupant ofthe room next to him heard a noise as if made by some one moving about awkwardly.Then he heard a voice as of one praying,but taking no notice of it left the house and went down town.As Huber failed to put in an appearance at noon a friend went up to his room to look for him.The door was
We see no merit in any other exception.
The exception to the refusal of the court to instruction No. 11, which is the only one other than the one above referred to worthy of notice, is not well taken. The officers of the company may have had "reason to know and believe that the said Gardiner had failed in his duty to pay, in that he had failed to pay over the sum to the treasurer of said company," and failed to communicate the fact to the sureties, yet, unless there was a fraud—an actual intent to conceal, or culpable negligence—the sureties would not be released from their liability.
The judgment and order are reserved and the cause remanded for a new trial.
PATRISON, J.
We concur: HARRISON, J., GAROUTTE, J.
The San Francisco society for the prevention of cruelty to animals has discovered a plan which was on foot to have a sight between a lion and a grizzly bear at the Midwinter Fair grounds, and propose to put a step to it. A large, fierce grizzly was captured some time ago, and was purchased by Colonel Boone, the lion tamer. Among the animals owned by Boone is a lion named Parnell. Parnell is a full-sized lion, has a record for having killed numbers of his keepers, and is as bloodthirsty as one can imagine. It was proposed to put Parnell and the grizzly in the big cage of the arena together and let them fight to a finish. Tickets were placed at $20, and even at that price were selling like hot cakes. The secretary of the society for the prevention of cruelty to animals has had an interview with Mayor Ellert and the chief of police, who assure him of every assistance in preventing the brutal affair.
The stockholders of the Stearns Ranch Company held their annual meeting last week, when the only important business transacted was the re-election of R. J. Northam as agent for the company. Northam's actions, as will be remembered, were under serious discussion by the company, and a committee of investigation was appointed and Northam's accounts were overhaulled. The report of that committee was submitted some time ago, but what the stockholder of the concern think of the Colonel is evident from their action in re-electing him agent for the coming year. The other officers of the company were elected as follows: President, E. W. Hopkinson; vice-president, C. B. Polhomum; secretary and treasurer, C. A. Grow; attorney, E. W. McGraw; directors, Barclay Henley, Eleanor Martin and E. M. Cooper.
One evening last week at a place named Rolla, on the Rio Grande, in Texas, an old-fashioned duel was fought by two youths of 15 years of age. One of the combatants, Todola Sacus, was stabbed seven times in the left side, and lies at the point of death. His antagonist, Lulu Garcia, was slightly cut on the wrist. The cause is a Mexican seizure.
A delegation of Mormons has arrived in Degolado district in the northern part of Chihuahua, and is making preliminary arrangements to establish another colony of several thousand polygamous Mormons. The new settlers come from Salt Lake and other parts of Utah. The concession obtained from the Mexican government is very liberal, and embraces 2,745,000 acres of rich agricultural lands, in one body. If the plans underway are completed in time, there will be a great exodus of Mormons from the United States to Mexico this fall.
A weak-minded Santa Ana barber named Frank Huber cut himself in a horrible manner with a razor last Thursday morning and bled to death in his room in the Semi-Tropic Hotel on East Fourth street. He had bean drinking heavily for several days, and was fast seen alive late the preceding evening, when in his room intoxicated. At 9 o'clock Thursday morning the occupant of the room next to him heard a noise as if made by some one moving about awkwardly. Then he heard a voice as of one praying, but taking no notice of it left the house and went down town. As Huber failed to put in an appearance at noon a friend went up to his room to look for him. The door was fastened, but upon passing on through the hall and onto the back porch the rear window of his bedroom was reached, and pulling the blind back a most horrifying sight was beheld. Huber was on his knees on the floor, in an attitude of prayer, beside the bed, which was crimson from head to foot with blood. His head had fallen slightly forward on his breast, but his eyes were open, and with the razor held firmly in his up lifted right hand covered with blood, he stared fiercely out of the window at whatever stepped before it. Upon examination it was ascertainted that he had severed the femoral artery on the inner side of his right leg close to the body, and the bracial artery in the left arm just above the elbow, either of which wounds would have been sufficient to cause him to bleed to death in a short time.
A man entered the branch office of the San Francisco Savings Union at the corner of Market and Foll streets Friday and presented a check to Assistant Cashier A. Herrick. Having doubts as to its genuineness, the latter returned it. An altercation ensued between the men during which the former drew a pistol and fired several shots in rapid succession, killing Herrick almost instantly. The portter of the bank made an attempt to disarm the murderer, who immediately turned his fire upon him, but fortunately the assassin's aim was wild and the bullets failed of their mark. The murderer fed from the bank pursued by the police and a crowd which had been attracted to the scene by the shots. He had only gone a short distance when he was captured and placed under arrest. The murderer gave the name of Fred Borneman to the police. He said he arrived last week from Denver.
Later developments show the paper presented to Cashier Herrick by his murderer was a note written in red ink stating that the bearer should be given money or he would blow up the place with dynamite. On the bottom was drawn a skull and crossbones. The first shot fired by the assassin went wide of the mark and Herrick reached for his revolver. The cashier fired at the man but missed. Then the fellow shot a second time, the bullet entering the head and causing instant death.
C. F. Melvin, paying teller, also took a hand in the shooting, firing two shots at the assassin, both of which missed. The dead chasher was 35 years old and lived in Oak land.
After the capture of Borneman the police found he had been struck twice by the shots from the pistol of Bookkeeper Melvin, one bullet grazing his temple and the other taking effect in the breast, but not stopping his flight.