anaheim-gazette 1907-10-24

BANK GAINS ALL POINTS Hattie Mitchell Offers a Compromise When Suit Seemed Certain to Go Against Her The suit of the German-American bank vs. Hattie Mitchell of Pasadena, in the Superior Court on Monday, showed early in the progress of the case that defendant had no legal legs to stand upon. The case was continued on Tuesday, and when at noon it seemed certain the suit would go against her, Mrs. Mitchell offered to compromise the case, saying if such were accepted she would agree to drop the case; otherwise, in event of her losing the suit in the lower court she would take an appeal to the supreme court. The offer came from defendant's son Willie, who approached Charly Boege, cashier of the bank, at the noon recess. Boege referred Mitchell to H. W. Chynoweth. A consultation followed between the parties in interest, at conclusion of which the compromise was accepted. By its terms the bank gets all it seeks for, including an unincumbered deed to its property. Mrs. Mitchell also asked $500 rental. Joseph Helmsen obligated them to buy the premises on the detection. Incidentally Mitchell the price of her lot $500. On what she said her agreement with weth was for the payment of the lot. This Chynoweth in mony denied. Nagel testified that time before the bank people paid the lot Mitchell had offered lot at $2500. Asked by Mitchel torney whether it was not true had not offered Mitchell $3000 lot, Nagel denied making such. After the erection of the bank people again had with Mitchell in regard to the She refused to purchase them, bank had to make the purchase. On the first of the current year bank tendered her the money house and lot, amounting to Mitchell refused to deliver the bank stopped paying re subsequently brought suit to Mitchell to furnish the deed. Judge Works of Los Angeles peared for the bank and Judd for defendant. Both are men ment ability, and during the fi day's proceedings honors were between them. In the ar Works began to score against h ment, and when York, alter tilt with opposing counsel, c that he had not known of the e of a first mortgage upon the The bank sued for a deed to property occupied by its building on Center street. Under contract with Mitchell, this deed should have been delivered on January 1st last, but she persistently refused to yield it up. In the fall of 1905 H. W. Chynoweth and others organized the German American bank, and entered into an agreement with Mitchell for erection of a building for their use. The lot whereon the bank building was to be erected was valued at $2500, and the building subsequently erected cost $3200. The bank entered into agreement to pay $50 monthly rental for the premises, and acquired an option to purchase the property the first of January, 1907. Subsequently to entering into this agreement Mitchell informed Chynoweth that, inasmuch, as she alleged, the building was to cost a greater amount than she had contemplated, she refused to abide by the terms of the agreement. She insisted further, that as the building to be erected was to be for bank purposes, and not available for other uses in event the bank moved out, a contract be entered into binding the bank to purchase the property outright January 1st, 1907. This was agreed to, after consultation by the bank people, and a contract drawn up, whereby H. W. Chynoweth, W. H. Spake, Edward Michod and Judge Works of Los Angeles peared for the bank and Judgement for defendant. Both are men of ment ability, and during the five day's proceedings honors were between them. In the act Works began to score against hisnent, and when York, alter- tilt with opposing counsel, con- that he had not known of the ex- of a first mortgage upon the p- his case seemed to slip away fro- Previous to the making of tract, Mitchell's property here- Pasadena bore a mortgage of Subsequently to recording the tract, a new blanket mortgage of 000 was recorded against the p- When Judge York, reading his answer to plaintiff's con- said plaintiff had refused to pay property under contract, Judge promptly challenged the staten- "We are ready and willing you your money right now and he said effectively. "You offer to pay us $6200 odd for this property?" inquired Y- surprise. "Yes, sir, and we have been to do so since the first of the ye- "Subject to the mortgage up property?" persevered York. "We will take our chances wi mortgage," responded Works; we ask of you is to give us a cent of title, and you can have your m- An argument here ensued by counsel whether the mortgage after the recording of the c- held against the property invo- the contract. Judge Works al- it did not, while Judge York con- that, it being practically a co- tion of the first mortgage, it against such property. Judge ruled in favor of plaintiff. This was the germ of the su Mitchell could make the bank bear their share of her large mo indebtedness it would be worth thousand dollars to her. In his mony Chynoweth said the money Mitchell originally for the lot FALL MILLINERY Hill Sisters, Fashionable Milliners, announce the receipt of a seasonable stock of Picture and Street Hats, Children’s Hats and Novelties HAVE YOUR BOX FILLED with our ice. Nature’s manufacture solid, pure. The kind that lasts. We supply your neighbors. When you? Its food keeping qualities excellent. Oh, what delicious lea de, iced tea or coffee you can with it! The price—a mere not when you consider the refreshingness. OUR ICE gives. It is really a matter of no sity to those who would enjoy life. Get our prices on Hay, Grain, Seeds and Poultry Supplies before buying. It will pay you. H. H. GARDNER & CO. Phones: SUNSET 91. HOME 1382. SANTA FE SAFE BLOWN OPEN Robbers Drift Hole in Top of Safe—Start Fire on Floor in Front of Strong Box $3 Taken Robbers blew open a small safe in a rear room of the Santa Fe depot on Monday night, and secured about $3 in coppers and small change. They effected an entrance by prying open the window, which leads into the rear rooms. Unlocking the key in the door, they escaped by that means. When Agent Clabaugh entered the depot at 6 o'clock on Tuesday morning he noticed the scent of a fire which had burned on the premises during the preceding night. He examined the electric light wires, but found no evidence of ignition. A single light which burns all night in the front office, was still burning. In the doorway leading into the furnish the deed. works of Los Angeles apthe bank and Judge York not. Both are men of emiand during the first half ceedings honors were even em. In the afternoon to score against his oppowhen York, after a legal opposing counsel, confessed not known of the existence mortgage upon the property, armed to slip away from him. to the making of the conell's property here and at more a mortgage of $19,000. by to recording the conblanket mortgage of $24,- dered against the property. Judge York, reading defento plaintiff's complaint, had refused to pay for the order contract, Judge Works allenged the statement. ready and willing to pay money right now and here,"' tively. to pay us $6200 odd dollars property?" inquired York, in and we have been ready the first of the year." to the mortgage upon this persevered York. take our chances with that responded Works. "All is to give us a certificate you can have your money." sent here ensued between other the mortgage filed recording of the contract the property involved in. Judge Works affirmed while Judge York contended practically a continuafirst mortgage, it held property. Judge West of plaintiff. the germ of the suit. If make the bank people are of her large mortgage it would be worth several ears to her. In his testiweth said the money paid nally for the lot ($3000) continued on Page 8. When Agent Clabaugh entered the depot at 6 o'clock on Tuesday morning he noticed the scent of a fire which had burned on the premises during the preceding night. He examined the electric light wires, but found no evidence of ignition. A single light which burns all night in the front office, was still burning. In the doorway leading into the rear room he observed a quantity of plaster which had fallen from the ceiling. Entering the room he beheld the door of the safe lying upon the floor, having been wrenched from its hinges. Examination showed that a hole had been drilled into the top of the safe, which was a small one, a was used for keeping books and small change. On a table next the window was a small green chile can which had contained the explosive, probably nitro-glycerine. In the floor in front of the safe a hole had been burned through the flooring. At the side of the safe was a wire three feet in length, doubled back at one end for a handle. With this the robbers felt of the interior of the safe. The drill had penetrated the outer steel and an inside wooden partition. It is believed nitro-glycerine was injected into the hole, and the safe blown open by means of igniting the explosive by the fire started upon the floor. Mr. Clabaugh immediately notified the headquarters office at Los Angeles, and a railway detective came down and took charge of the case. The robbers, while expert cracksmen, were uninformed as to conditions locally, for Mr. Clabaugh banks his money every evening. The day's business had been especially heavy, and he carried an especially pleasing wad to the bank during the afternoon. THE ROBBERS SEEN E. Barr, O. Lagman and George Dutton were standing on Center street in front of Mr. Lagman's lodgings between 10 and 11 o'clock THE ROBBERS SEEN E. Barr, O. Lagman and George Dutton were standing on Center street in front of Mr. Lagman’s lodgings between 10 and 11 o’clock when they heard a terrific explosion. They were on their way home from Masonic lodge. Thinking at first it might be an explosion of acetylene gas, they made investigations about the neighborhood. Finding nothing that would indicate such an explosion, they went home, Mr. Barr continuing east on Center street. Near Mr. Grim’s residence, two blocks west of the depot, he met two men, one undersized and the other of larger build, walking rapidly westward. As they passed him, one of the men said: “He wanted me to sign my name to the paper.” Mr. Barr continued on his way past the depot. Under the trees across the tracks he paused, and looking back saw the two men retracing their steps toward the depot. They waited on the cement walk where it ends at the depot grounds. Mr. Barr continued on his way home. He is certain the men are the robbers. He says the explosion was loud enough to have been heard at Fullerton. Houses in the eastern part of town were shaken by the explosion. October 24, 1907 NUMBER 1 Childrens' Shoes We have received several shipments from the best factories in the city, of good stout Calfskin Shoes, especially built for School and Weather Wear. Comfortable footform lasts, both wide and narrow widths for boys and girls. They are worth more, but to introduce them, will sell them as follows: Sizes 5 to 8, children's... $1.00 Sizes 8 1-2 to 11, children's... 1.25 Sizes 11 1-2 to 2, boys and misses 1.50 Also a full line of the celebrated Security School Shoes for boys in Kid, Box Calf and Patent Leather. Sizes 9 to 11·1-2, Little Gents... $2.00 Sizes 12 to 2, Youths... 2.25 Sizes 2 1-2 to 5 1-2, Boys... 2.50 Have also a full line of Men's Work Shoes in high top and regular cut. The S. Q. R. Store. TEL. Home 1604, Sunset 541. GROCERIES The S. Q. R. Store. TEL. Home 1604, Sunset 541. GROCERIES Do you want them Good and Fresh, eh? Well, teen go to WALLACE'S and see for yourself. Try our "Sunrise" flour. None better. W. A. WALLACE, Proprietor. HERE IS NO SENSE Making hot weather hotter with wood fires. The coolest, quickest, cheapest way is to COOK WITH GAS Up the Gas Company for particulars Office at Miller's Hardware Store Estimates given for Electric Power The Edison Electric Co., Santa Ana Palace Meat Market cher & Schneider - Proprietors DEALEPS IN ice Fresh and Salted Meats Palace Meat Market acher & Schneider Proprietors DEALEPS IN Price Fresh and Salted Meats Telephone Main 51 Meats Delivered to all parts of city FLOUR FLOUR running October 28th and continuing for ten days, we offer "WALLUP'S BEST" a flour made of Eastern Hard Wheat blended with California soft, which obviously guarantee to be the best high-grade flour on the market. While all advancing, we have decided to reduce the price of this flour from $1.65 to per sack. Try a sack today; and if not satisfactory return it to us and your will be refunded. It forget we handle the best 25c Coffee in the city "Mexamoka," good as any see you can buy; ask your neighbor about it. We also handle Hills Bros. High offees and Tetlup Teas. received a fresh supply of Eastern Buckwheat. member we handle Cole's Butter—always fresh. WALLUP BROS. Sunset M 126 Home 1381 ANAHEIM Prompt Delivery Mrs. H. Sultze of Glenbenand Carl Hecker of Ply- , were guests during the and Mrs. Hart. They left for their homes in the east er return and become peridents of this city. They themselves as being delightthey saw in Southern and consider this section the long locality yet visited by are people of large means and intend making large investments here. Herman Schindler while engaged in boiling wax on Sunday morning was severely burned about the face and hands by an explosion of the lamp in use at the time. The wax boiled over its receptacle, and Mr. Schindler attempted to blow out the lamp, when a premature explosion occurred. His eyebrows and moustache were burned, as he was also about the hands and face.