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BENTLEY AS A BIRD.
Those Who Made Him One
Liable To Be Caged.
Three of the Covina Boys Must
iStrong Circumstantial Evidence
Points to Them.
yisSßccleK, Cummins and Anion Grive $500
WM Bail.—The Court's Remarks.—What
Maj. Hamlin Thinks.
It being understood that the exami
nation of Oliver Cummins, Will Potter,
George Moxley, Harry Anion, Arthur
Eccles and Will Hamlin was to come to
a close yesterday, the usual contingent
from Covina and Azusa was promptly
on hand at 10 a. m., filling the township
justice's court room and the passage
leading from Spring street to Main
street. George Moxley, one of the de
fendants, testified as to his whereabouts
on the night that Bentley was covered
with tar and feathers, lie said he spent
the evening of the Bth at the residence
of B. F. Cook, until 9.50, when he went
home. He had nothing to do with the
assault upon the Azusa editor. He
denied having written the note ad
dressed to Borden. A letter written by
Moxley was introduced in evidence by
the prosecution for the purpose of com
paring the handwriting of tiie Borden
note with it. There is no trace of a
resemblance between the two docu
Mrs. Italia Cook, of Covina, corrobo
rated the preceding witness as to his
whereabouts on the night of the Bth.
She has a daughter who frequents Fraz
ier's school and admitted that she did
not feel friendly to Bentley, who had
published "such awful things." Her
husband, B. F. Cook, followed suit in
establishing that Moxley was at his
house on the night of the outrage.
W. L. Hamlin, the last of the youth
ful defendants, was next called to the
stand. He explained that on the Bth in
the evening he had visited Eastman's
store at Covina, where he met Eccles,
Cummins and Potter; their next move
was to Keiins' aud thence to the
melon patch. With Cummins he after
ward went toward Griswold's to remain
for the night. They were overtaken by
Will Baldridge, who gave them a lift in
his buggy as far as Griswold's. He had
had nothing to do with the tarring and
feathering. The first he heard of it was
several days after the Bth. He had told
Borden that the writing on the note
appeared similiar to that ot Clyde
Eyes'. Witness stated that he was not
in Clearwater canon on a camping ex
pedition after the Bth. He had con
versed with other people before the
Bradley boy, but had not, to his recollec
tion, mentioned the words : "The day
■before we played that trick."
B. F. Eastman, storekeeper and post
master at Covina, heard the conversa
tion upon which the prosecution lays
so muoh stress, at his place of business.
There were present, among others, Dr.
Hoatetter, Wilkins, Allison and Cuin
.mins. The conversation turned upon
the tarring and feathering. Some one
•doubted that it had happened. Cum
mins stated that it had occurred. He
added: "They say they tarred him and
sprinkled him over with feathers good."
Wilkins asked him : "Why don't you
say 'we'?" and Cummins answered:
"Well, we did it." The general feeling
in witness' opinion was that the joke
was not so much on Bentley as it was on
the boys for getting arrested. C. Allison
had also heard the conversation. Wil
kins spoke about tbe tarring and feath
ering. Witness heard nothing of the
first part of the conversation, but he
heard Wilkins say: "Why don't you
say 'we'? You know you
did it and you might as
well acknowledge it." Cummins
then answered: "Well, then, we did it.
Will that suit you?" The witness was
not prepared to say that there was any
thing jocular in the manner of these
•questions and answers.
The defense now rested and offered to
submit the case without argument, but
the deputy district attorney was not
willing to enter into such an agreement.
Forty-two witnesses in all have been
heard in tbe examination of this bucolic
The arguments took up nearly two
hours. In giving his decision Justice
Savage said that the fact that all of the
■defendants met at Eastman's store on
the night of the Bth, might lead to the
belief that if any of them were con
cerned in the outrage they probably all
The court, however, could not act
upon suppositions or suspicions alone.
No evidence had been adduced connect
ing Potter or Hamlin with the matter.
As to Moxley, all the evidence there
was against him was the unsupported
testimony of the complaining witness,
Bentley, that he had recognized Mox
ley's voice after the tar and feathers
had been applied, when the remark was
made: "Ain't he a good looking bird?"
The magistrate believed, on the other
hand, that there was probable cause
against Eccles, Cummins and Anion,
and that they would be held to answer
before the superior court in the sum of
County Auditor Hamlin, who is the
father of one of the discharged defend
' ants, and who remained in attendance
during the entire time of the examina
tion, in speaking about the matter to a
Hkhai.i) reporter, after the court had
adorned, said: "I will admit that the
evidence against the
yoi?, men held to answer appears
strong, but they are not the guilty part
ies. We have a detective at work to find
out who committed the outrage and I
venture to say that the perpetrators of
it will be under arrest before these three
boys are brought to trial."
THE GRAND JURY.
It Organizes After Being Charged by
The following grand jurors were yes
terday sworn in in department one:
Joshua Newhall, Jacob Harps, John P.
Early, (i. W. Townsend, C. F. Harper,
W. R. Hassen, L. G. Giroux, J. F. Ban
ning, AY. S. Maxwell, G. A. Barron, S.
W. Burke, C. A. Coff'man, J. H. F. Peck,
S. It. Maclay, Benj. S. Eaton, H. W.
Stoll, J. A. Cline, A. J. Cobb and J. G.
Estudillo. Judge Cheney appointed J.
H. F. Peck foreman, and charged the
jury in the following words :
"Gentlemen ok tub Grand Jury: —
Inasmuch as the constitution of this
state has relieved the grand jury of the
bulk of the work formerly presented to
that body, by providing for the prose
THE LOS ANGELES HERALD: FRIDAY MORNING, AUGUST 29, 1890.
cution of public offenses upon informa
tion filed by the district attor
ney, I will simply call your attention to
that important work which remains to
be done by reading to you such sections
of the penal code of this state as set
forth the duties of the grand jury.
"The grand jury is the representative
body of the citizens of the county select
ed to perform certain specified duties—
it is not a scolding committee, nor yet
the public censor —it is not impaneled
as a body of overseers, for we have them
provided by law in the board of super
"It is not their duty to express opin
ions as to character or conduct, unless
that character or conduct are expres
sive of a public offense. It is as much
their duty to preserve as assail reputa
tions, hence one strong reason why the
proceedings of the grand jury are secret
—its secrecy preserves where it does
not assail by indictment, the character
of the citizen. You have been called at
this time because, the fiscal year having
ended, the accounts of public officers
should now be in such a condition
as to facilitate your examination of
The court, after reading section 916 of
the penal code, which refers to the
character of inquiries to be made by the
grand jury, added: "This duty is made
light because, as I have intimated be
fore, the district attorney performs
much of that work in the presentation
of information." Judge Cheney con
cluded by reading all sections of the
penal code from 916 to 028 inclusive, all
of which relate to the duties of the in
The grand jury then retired to the
Lanfranco block, where they organized
and elected as their secretary, J. O.
Newhall. They will meet again this
morning at 10 o'clock.
A WATER FRAY.
Manager Warner Spoils His New
Suit of Clothes.
East San Gabriel was the scene of a
mild little war on Wednesday morning,
which will be ventilated in court. H. li.
Warner, the manager of tlie East San
Gabriel hotel. Albert Gibbs, one of the
board of directors of the San Gabriel
Land and Water company, and A. A.
Bennett and P. Bearson, a couple of Los
Angeles plumbers, were the participants
in the fray. It appears that the East
San Gabriel hotel has been leased by
the San Gabriel Land and Water com
pany to Warner, who put a 300-pound
gate in the ditch of the company, with
out their consent. This had the effect
whenever the gate was closed, of cut
ting off the supply of the consumers
living below the hotel. It is alleged
that the gate was down much too often,
especially in the evening, greatly to the
disgust of those who were then unable
to procure water. Mr. Gibbs, having
received a number of complaints from
the consumers, came to town and en
gaged the services of Bennett and Pear
son to remove the water gate. When
they arrived at East San Gabriel they
found the enemy on the field of battle.
Warner, arrayed in a new suit, stood on
the offending gate. The plumbers
started to cut it on both sides, with the
result that Warner tumbled in the water
and spoiled his new clothes. He was
not discouraged,but climbed on the gate
once more. By this time his adversaries
had tied a rope round it and hitched the
other end to a team. As the word "gee
up" was spoken,Warner gracefully gave
up the fight for the time being. He
came to town a little later, after chang
ing his clothes, and swore out a com
plaint against the trio charging them
with misdemeanor for breaking and ob
structing a waterpipe at East San
Gabriel, and tearing out a gate supply
ing the hotel with the fluid. The two
plumbers, who heard they were wanted,
showed up in Justice Austin's court
room yesterday afternoon, and pleaded
not guilty. They are to be tried next
Tuesday morning, and gave $50 bail till
then. Constable Johnson left for San
Gabriel in the afternoon to corral the
John J. Bolton, a native of Great
Britain, and Charles Buthman, a native
of Germany, were admitted to citizen
ship yesterday by Judge Cheney. John
Singer, a native of Germany, was natur
alized by Judge MoKinley.
BOARD OF HEALTH
Takes a Stand for
Royal Baking Powder com
mended as Purest, Strong
est and Wholesomest.
We have made a careful analysis
of the Royal, Giant, Golden Gate,
Dr. Price's and Pioneer Baking Pow
ders, purchased by us in the open
market. One ounce of each pow
der yields in cubic inches of avail
able gas at ieo J F. as follows :
. .... Cubic inches
Golden Gate . . . . . .123
Dr. Price' 3 116
Tnos. PRICE & Son, Analysts.
We, the members of the Board of
Health of the City and County of
San Francisco, cordially approve
and recommend the Royal Baking
Powder. It ii absolutely pure and
healthful, composed of the best in
gredients, of the highest strength
In our judgment it is impos
sible to make a purer cr stronger
Diking Powder than the Royal.
Jrjs. R- Davidson, M. D.
Chas. McQusten, M. D.
Kenry M. Fiske, M. D.
T. J. Utournex, M. D.
San Francisco Board of Health.
What They Have to Say
Suggestions to the County Cen
The Request of the Iroquois Club
A Protest From the Tammany and Second
Ward Clubs Against Holding Pri
maries Under the State Law.
At the adjourned meeting of confer
ence of representatives from the Demo
cratic Alliance, Iroquois, Jackson, Pond,
Spanish- American, Plata Eina, Tam
many, Second Ward, Seventh Ward,
and S. M. White club of Rosedale, to
take action on the request to the County
Central Democratic committee to call
the primaries under the state law, the
following business was transacted :
The meeting was called *to order by
A. J. King, and the minutes of the pre
vious meeting were approved. It was
then moved by Mr. Styles, that the
following request to tlie Democratic
Central County committee be adopted :
Whereas, it is believed by the undersigned
Democratic clubs of Los Angeles county, that
fairness and purity in the coining election, and
harmony in the Democratic party, will he pro
moted by holding the primary election to
choose delegates to the approaching Democratic
county convention of Los Angeles county,
under'the state primary election law.
THEREFORE, the said Democratic clubs, by
their duly authorized delegates and representa
tives, earnestly petition your honorable body to
cause said primary election to be called and
held under said state law.
Mr. Crawford offered as a substitute,
Whereas, Under the ttate law for the
holding of the primary elections,
qualifications for voters at such primary
elections may be required in addition to those
provided by law for voters at general elections,
whereby citizens not members of tlie Democrat
ic party and not pledged to support its nomi
nees, may lie prevented from voting at such
primary elections; ami,
Whereas, We believe that holding the com
ing primary elections of tlie Democratic party
under said primary elections law would pre
vent abuses and confine the representation in
the coming Democratic convention exclusively
Resolved, That we, the undersigned, duly
accredited representatives for this purpose by
the various Democratic clubs of this vicinity,
earnestly request your honorable body to call
the approaching primary elections under tlie
state primary election law, and in such call for
said primary election to formulate a qualifica
tion, in addition to those required by law for
voters at elections, that will prevent citizens
not members of our party and not pledged to
support its nominees from voting at such prim
A vote was ordered taken by clubs,
giving each club one vote. The substi
tute was adopted by the following vote :
Democratic Alliance, Iroquois, Jackson,
Pond Spanish American and S. M.
Opposed to it were the Tammany and
the Second Ward clubs.
The secretary was then directed to
send a copy of this request to the
county central Democratic committee
and each of its members, with the
names of the clubs and their representa
tives voting therefor.
Mr. Mesmer moved that the county
central committee be asked to call the
primaries for some other day than Sat
urday. The motion was carried by a
vote of six to two, the Iroquois club not
voting. A motion to reconsider was
lost by a vote of three to six.
Mr."Hyatt presented a protest from
the Tammany and Second Ward clubs
to the county central committee as
We the members of a conference committee
composed of delegates from the several Dem
ocratic clubs of the city of Los Angeles, ap
pointed to discuss the advisability of sending
a request to the Democratic County Central
committee of I.os Angeles county, to call the
coming primary election under the state law
as adapted to such primaries, do hereby sub
mit to the said county central committee the
following our minority report:
While we an; deeply in sympathy with any
movements tending' to further advance the
purity of our elections, and protect the sanctity
of the ballot box in all manner and form, and
pledge our aid and support of our respective
clubs to that end,
'We protest that we have too much faith in
the Democratic party, anil in the good faith and
honor of the Democratic voters of this city and
county, to believe it necessary or consistent to
impose this unusual and expensive insult upon
such voters, and we are satisfied that such a
procedure is not necessary to further tlie ob
ject which we and all true Democrats have ever
been found to support and maintain.
We further protest that besides the great ad
ditional expense requisite to carry on the
coming primaries under the state law, We
have no great register, which Is indispensable to
such an election. If the old great register were
used many voters entitled to vote would be re
jected, anil the new great register will not be
completed until after the time for
the primaries. We further protest that
the scheme proposed is with one exception
unprecedented in the history of this state, and
in that one instancy it proved to be SO unpopu
lar and so unsatisfactory that it has not since
been followed .
We, therefore, withhold our name from such
a recommendation, or request, and leave the
matter of calling the said next primaries to the
wisdom of the said; County Central committee
with no further suggestion from us.
It was ordered that the secretary for
ward this protest to the County Demo
cratic Central committee.
A committee was appointed to ask the
supervisors to do their duty under the
law in reprecincting the county, and if
they fail to do so to take the necessary
legal steps by mandamus to compel a
compliance with the law.
Warrant for a Smuggling Butcher Who
Judge Ross has ordered a bench war
rant issued for the arrest of Krnest
Wulff of San Diego, whose trial for
smuggling cattle into the United States
was to have taken place yesterday in
the district court. Wulff failed to show
up and is supposed to be in lower Cali
fornia. The cause was ordered con
tinued till September 3d.
The order forfeiting the bail of deputy
constable Wm. Kerran.for having failed
to appear for trial in the United States
district court on Wednesday, was yester
day rescinded by Judge Ross, and the
case reset for October 17th. Kerran re
plevined a horse and buggy in 1888,
which had been seized by the United
States officers when they arrested Gon
Judge McKinlev yesterday granted
Chas. J. Dailey a" divorce from Cora
Dailey on the ground of her desertion.
CHAMBER OF COMMERCE.
A Meeting of The Board of Directors
The board of directors of the chamber
of commerce met yesterday afternoon,
W. E. Hughes in the chair, and Messrs.
L. N. Breed, W. 11. Toler, S. M. Perry,
C. M. Wells and Gen. Chas. Forman,
A communication from the Sixth Dis
trict Agricultural Association propos
ing that the horticluturs'
tural, and fine art displa;
of the eleventh annual fair to oe field
at the chamber of commerce during the
week beginning October 14th, the Asso
ciation to donate all the money to pay
the premiums, to furnish the band for
the entertainment of visitors, to pay for
advertisements, and the salary of the
superintendent, providing the chamber
pay for all the other help required; the
exhibition to be held under the auspices
of the Sixth District Agricultural Asso
ciation in conjunction with the chamber
The communication was referred to a
a committee of President Jones, Secre
tary Hanchette and Mr. C. M. Wells.
The secretary was authorized to pur
chase a set of book-shelves for pamph lets.
A proposition from John Sharp to
publish a paper in Chicago was referred
to the committees on statistics and
After transacting some miscellaneous
business the board adjourned.
Secretary Hanchette, of the chamber
of commerce, has received from the
state board of trade the following list of
people desiring information about Cal
ifornia: Wm. Johnson, Superior, Wis.
F. W. Marsh, AY. Superior, Wis. J. R.
Walker, W. Superior, Wis. Nelson
Gamys, W. Superior, Wis. C. C. Chase,
Minneapolis, Minn. B. E. Barton, Min
neapolis, Minn. A. T. Scherer, Minne
apolis, ILinn. Alfred Gilmore,
Minneapolis, Minn. I). 11. Murray, Min
neapolis, Minn. T. A. Harlow, Min
neapolis, Minn. H. A. Ilockheimer, St.
Paul, Minn. A. A. Jones, St. Paul,
Minn. 0. H. Duncan, St. Paul, Minn.
L. E. McDonald, W. Superior, Wis.
Hugh J. Kember, W. Superior, Wis.
F. E. Barney, Cashocton, Ohio; A. M.
Tuplitt, Cashocton, Ohio; J. O. Harvey,
Clark's Hotel, Boston; Ambrose Block-
Bom, Zanesville, Ohio; J. H. O. Daniel,
Gloster, Ohio; J. E.Blackburn, Bellaire,
To Remain at Leavenworth Until
Everything seems to indicate tbat the
headquarters of the military department
of Arizona will remain in this city. The
Kansas City Times of last Sunday con
tains a special dispatch from Washing
ton stating that orders had been issued
from the war department revoking the
order transferring General McCook from
Leavenworth to this city until further
orders. While the import of this can
not be absolutely ascertained, it is cer
tainly an indication that the war depart
ment is reconsidering the first orders
removing the headquarters to Santa Fe.
A. B. Lawson has commenced suit in
tbe township justice's court against
Mary Hen tig, to recover .$299 for cash
paid out in looking up taxes, securing
witnesses, etc., on the Newman ranch.
The San Jose ranch company sues tbe
San Jose land and water company in the
superior court to quiet title to certain
portions of Sec. 24, T. 1 N. R. 9 W.
GRAND OPERA HOUSE.
McLain & Lehman, Managers.
4 NIGHTS AND SATURDAY MATINEE,
Wednesday, August 27, 1890.
Daniel Frohman's production of MARK
TWAIN'S beautiful story,
PRINCE AND PAUPER.I
Authorized by Mark Twain. Dramatized by
Abby Sage Richardson, interpreted by
And a complete and competent Dramatic Com
pany with correct costumes, accessories, etc.
Tour under direction of Mr. Al Hayman.
Box office open for sale of seats Monday at 10
a. m. Telephone 511. au'22-td
Frank w. Conant, Manager,
Monday, Sept. 1, 2 and 3,
McCABE & YOUNG'S
35 ARTISTS 35
New Songs. New Jokes. New Ideas.
EVERY ACT A FEATURE.
Don't fail to see McCabe it Young's beautiful
FLOWER GARDEN FIRST PART.
GRAND STREET PARADE.
Popular prices 25 and 50 cents.
Seats now on sale at R. S. Stoneman's Music
store, 106 north Spring st. au26-td
PALACE RESTAURANT AND SALOON,
Corner First and Spring Streets.
The Most Magnificent and Popular
Resort in the City.
CELEBRATED PHILHARMONIC SOLOISTS
Every Night from 8 to 12.
JOSEPH SCHURTZ, PROPRIETOR.
El. H. GATO,
Factory No. 38, Key West.
Seeithat NO. 38 is stamped on the
1 bottom of every box.
ESBERG, BACHMAN & CO.,
Agents for the Pacific Coast,
;AN JFRANCIBCO, CAL.
V j eB-3m
Company of Los Angeles.
CAPITAL, - $50,000.
L. BLANKENHORN, Pres. H. BROWN, Secy.
A. F, MACKEY, Ylce-Pres. S. HUTTON, Supt.
Contractors for Asphalt paving on streets, sidewalks,
warehouse floors, cellars, wineries, etc. We use the same
class of material and manner of laying as in universal use
in the East, and the only ones permanently successful.
Over 300 miles of this paving are now laid in the principal
cities of the United States. It is supplanting stone, wood,
and other pavements. Recoramended by sanitary and
civil engineers of cities, because:
I.—lt is cheaper to maintain.
2 —lt saves wear and tear of vehicles and lessens cost
of drayage in increased loads hauled.
3. —It is clean, free from dust, mudandunhealthful ac
cumulations common to every other pavement and dang
erous to health.
4. —It is comparatively noiseless; in this respect
a boon appreciated by business men, invalids, dwellers in
hotels and homes.
Office, 505 N. Main Street, Rooms 20 and 3 1 Yiokery Building.
COFFEE. FRUITS, DESERTS,
AND ALL CULINARY PURPOSES.
To one part of "Highland Milk" add four
MXlwß&zQmmm'WkT nnrts of dairy milk, ami obtain an excellent
cream table and lesa ex-
For Sale by all Wholesale and Retail Grocers.
W. H. MAURICE!,
No. 124 North Los Angeles Street, LOS ANGELES, CAL M
Sole Agent foe Southern California. jylO-eod-4m
AT THEIR VALUE.
HEADQUARTERS FOR CHOICE
Teas, Coffees, Table Delieaeies
FANCY BRANDS D OF BUTTER.
SEYMOUR I JOHNSON GO.
WHOLESALE AND RETAIL
Now at Nos. 216 and 218 South Spring St., near Second.
McDonald & Fisher
Fine Stock of BOOTS ™ SHOES
Must be closed out at once. Commencing
AUGUST 16, 1890.
The finest Stock in the city. Bottom Prices.
GIBSON & TYLER, 142-144 N. Spring St.
THE BEST DOMESTIC COAL
IN THE MARKET.
Ask For No Other. general office:
OT-For sale at all First-Class Coal Yards. No. 2 I North Spring Street.
CkW SOUTH FIELD WELLINGTON Jpflf
The Most Economical and the Best for Domestic and Steam Purposes.
A cargo of this celebrated coal now discharging at San Pedro. I deal direct from
the mine and ant prepared to supply customers at lowest market price.
Importer of S. F. Wellington and Foreign Steam Coal,
YARD, 838 N. Main St. Telephone 1047. m29-4m OFFICE, 130 W. Second Bt. Telephone 38
622 W. 6th st. near Hope.
CONTRACTOR FORGRANITE, ASPHALT
Bituminous Lime-Rock Paving.
Sidewalks, Driveways, Cellar Floors laid at Reasonable
Prices. Granite Curbing. Asphaltum Roofs njade
and repaired. Granite for all kinds of
building purposes for sale. »üb-i»