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Los Angeles herald. [volume] (Los Angeles [Calif.]) 1890-1893, March 01, 1892, Image 2

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The Whisky Monopoly Called
to Account.
Warrants Issued for the Ar
rest of Its Officers.
Indictments Rendered by tbe Fed
eral Grand Jury at Boston.
Papers Served on the Official* In Vari
ous States—President Oreenhut
and Ills Partners Placed
Under Bonds.
Associate t Press Dispatches.
Chicago, Feb. 29.—1t ia definitely
known that the federal grand jury at
Bob ton, February 21 at, indicted all the
officers and directors of the Cattle Feed
ing and Distilling company (tbe whisky
trust), for violation of the Sherman
anti-trust law. Today United States
Marshal Hitchcock's deputiea were en
gaged in serving the warrants for the
arrest of the indicted men. The follow
ing bave been indicted: Joseph B.
Greenhut, Peoria, president; Herbert
L. Terrell, New York, vice-president;
William N. Hobart, Cincinnati, treas
urer; Warren H. Corning and Julius
35. French, Cleveland; Lewis H. Greene,
Cincinnati; Nelaon Morris, George J.
Gibson and Peter J. Hennessey, Chi
cago, directors.
Hennessey is also secretary. He was
arrested this morning.
The indictment is of an omnibus
character, making its charges against
the officers and directors in a body. It
is returned a« of date the second Tues
day in December last. The violations
are charged as having been continuous
since February 11,1890. It charges that
during 1890, the defendants purchased,
rented or leased the properties of com
peting distilling companiea to the uum
bei of seventy ; from Augußt 1, 1890, up
to tbe time of the finding of the indict
ment, they controlled the output of
these distilleries and sold 06,000.000 gal
lons at prices fixed by them. This they
did unjustly, unlawfully and oppres
sively to monopolize the distilling and
cattle feeding of the companies afore-
Baid. The indictments then set out the
agreements between tbe trust and Dexter
T. Mills, Erastus C. Gaffield and John
Joyce, whereby, in consideration of their
purchase of trust goods, they are to re
ceive rebates of 2 cents per gallon. The
prices charged, the indictment sayß,
were largely in excess of the usual
prices at which goods of tbe kind were
sold previous to the organization of the
trust. The defendants, in so doing, it is
alleged, did it to unlawfully and op
pressively prevent and counteract the
effects of free competition on the prices
of said spirits, and did unlawfully exact
and procure great sums of money in said
district from said Mills and Gaffield, as
co-partners, from said Joyce and from
divers otherparties.
A deputy has been sent to Peoria to
make arrests.
Papers will either be forwarded the
federal authorities in California for
service on Morris, or he will be notified
and allowed to make his way to Boston
and give himself up to be admitted to
Word ia received from Peoria, saying
Greenhut has been arrested and given
bail in $10,090 to appear in court in Bos
ton next Monday. Hennessey did like
It is understood that the defense of
officials of the trust will be that they
are a legally incorporated company on a
large scale, and doing business under a
charter from the state of Illinois, and
that one company cannot combine to
create a trnat or monopoly.
Cincinnati, Feb. 20.—Treasurer Ho
bart and Director Greene, of the Cattle
Feeding and Distilling company, were
arrested here today, by being requested
t<> appear before Commissioner Hooper.
The warrant require their appearance
at Boston forthwith. Hobart says come
dealers in Boston, who handled some
rebate, have also been indicted.
President Barillas'! Account of Out
rages Against His Rivals.
New Yobk, Feb. 29.— The Herald's
San Salvador correspondent sends the
It ia stated here with great positive
ness that General Renin Barrios, who
some time ago returned from San Fran
cisco, California, to run as a candidate
for the presidency, ia a prisoner in the
hotel where he had been atopping with
hiß family. President Barillas, it ia
alleged, caused rumors to be spread to
the effect that Barrioa had teturned,
and that powerful enemies were plan
ning to assassinate him. To protect
him from tins danger, the president is
maintaining a constant guard around
his hotel. General Barrios'a wife, who
iB an American woman, ia half-crazed
through fear that he* husband will be
Colonel Lima who, it ia alleged, failed
to carry oat Barillas'B order to start a
pretended revolt, which waa to be at
tributed to General Enriquez, and thua
afford a pretext for kdliug the latter,
baa, it ia aaid, been whipped to death
in the penitentiary.
President Barillas, it ia stated, ia
frightened by the idea that he will be
Joss ln Marysville.
Marysville, Cal., Feb. 29.—Today
was a great one in the annals of Marys
villo Chinatown. Two thoueand visit
ing Chinamen and the thousand deni
zens of the Chinese quarter in this city
participated in feasting, parading,
bomb throwing and other demonstra
tions, with lireworks in the evening.
Several hundred farmers from the sur
ronnding country came in with their
folks to witness the display, which
was more gorgeous than "on any
previous year. Thy joss in Marysville
ia now said to be second in im
portance in the state. Much gambling
-was in progrees on Saturclav and Suu
duy, but was stopped by the autho ri
Salinas Murder Trials,
Salinas, Cal., Feb. 29.—The jury in
the Hawee murder trial were discharged
at noon today, after being out forty
eight hours and not being able to agree,
standing seven for conviction and live
for acquittal.
Officer McCartney, who shot and
killed Mrs. Freeon, while resisting ar
rest November 7th, last, was tried today
on the charge of manslaughter and ac
Arizona Cattle Doing Well.
Tucson, Ariz., Feb. 29.—The cattle in
tbis region have passed through tbe
winter quite well. There have been
recent heavy rainc, and the cattle are
on fresh ranges in the monntain dis
tricts. A sale of 12,000 feeders has just
been made here to Montana buyers for
May delivery. Kansas buyers are now
making large purchases for shipment
IncendtaH*m at Itfadera*
Madid A, Cal.. Feb. 29. —This morn
ing at 3 o'clock flames were seen issuing
from the rear of H. A. Rediker's har
ness shop, and in less than thirty min
utes four buildings were destroyed. The
buildings consumed are as followa:
Remy & Fournier, wholesale liquor
dealers, $5000, insured; L. D. Sharp,
postoffice, fixtures, loss, $900, unin
H. A. Redeker, loss, $300; insured for
Harris & Co , furnishing goods, $2000;
insured for $800.
Thompson, Sharp & Parsons, owners
of buildings, $3000; insured for $1750.
W. K. Heiskell and W. H. Parsons,
personal effects, $100 each.
Smith Norris, who was sleeping in the
postoffice, had a close call for his life,
being dragged out almost suffocated.
The fire was undoubtedly incendiary,
and the officers believe they have in
formation that will soon convict the
criminal. The buildings will be quickly
Demurrer Sustained.
Springfield, 111.. Feb. 29 — Judge Al
len, in the United States district court
today, sustained the demurrer to the in
dictments against Milton Wright, gen
eral freight agent of the Wabaßh rail
way, and J. M. B. Kehlor, of St. Louis,
doing business under the name of Keh
lor Bros., for violation of the interstate
commerce act, by cutting rates on ship
ments of flour from East St. Louis to
Montreal, Canada. The court held that
congress had no power tb make any law
regulating railroad rates between points
in the United States and points in for
eign countries. This decston ends tbe
matter as far as Wright and Kehlor are
concerned.the indictment being quashed
by the demurrer.
Vlsalla Happenings,
VIBALIA, Cal., Feb. 29.—John Francis,
an Indian who pleaded guilty to steal
ing a horse, was sentenced to two years
in the penitentiary. Heretofore he
served a term for robbery. Three other
candidates for San Quentin were ar
raigned in the superior court today, to
be tried this month.
The Delta, newspaper, which ap
peared as a daily Monday last, today
let the contract for a two-story brick
building printing office. It will be the
handsomest business house yet built in
Yisalia when completed.
Ah Tie, half Chinaman, half negro,
was arrested this morning for furnish
ing Ah Choy with a pistol used in a j
Chinese shooting scrape Saturday.
Three Children Cremated.
Seattle, Wash., Feb. 29.—Three chil
dren, Orpha Strader, Zoe Strader aud
Ray Simpson perished in the flames
which destroyed the residence of John
Simpeon thiainorning. Simpson and hia
wife, together with their2-year-old baby,
who were sleeping down stairs, escaped
with difficulty. Simpson made several
ineffectual attempts to reach the chil
dren, and was severely burned. The
flames started in the upper part of the
house from an unknown cause. Orpha
and Zoe Strader were children of Mra.
Simspon, by a former marriage..
Earthquake In Oregon.
The Dalles, Ore., Feb. 29.—Three
shocks of earthquake were felt felt here
at 2:55 thia morning. Tbe vibrationa
were north and south and lasted about
four seconds. A number of citizens were
awakened by the shocks and rushed
into the street in their night clothes.
In aome residences the plastering was
cracked and crockery rattled upon the
shelves. No serious damage is reported.
Portland, Ore., Feb. 29.—Two slight
shocks of earthquake were felt here at
2:55 o'clock this morning. Tne vibra
tion was from west to east.
The N. B. C. Getting There.
Sacramento, Feb. 29. — Thomas L.
Thompson, commissioner for California,
of the Chicago world's fair, has granted
to the Northern California citrus fair
association two and one-hall acres, or
one-half the entire space allotted by the
world's fair for a horticultural exhibit,
to California. Southern California re
ceives the other half. Living and bear
ing trees will be transported to Chicago
and transplanted there.
Gresham the Third Party Candidate.
Chicago, Feb. 29. —A Cincinnati
special dispatch contains an interview
with 0. W. Wiight, member of he
national executive board of Knights of
Labor, in which he is reported as saying
tiie presidential candidate of the third
party has been decided on. The dis
patch further states that Judge Gresham
is the man. Judge Gresham refuses
either to deny or affirm the truth of the
An Indictment Quashed.
Sacramento, Feb. 29. —Judge Catlin,
in the superior court today, dismissed
the indictment against E. O. Miller of
Visalia. Miller was indicted for sub
ornation of perjury in connection with
the lieu land frauds. The court holds
that the vote of the grand jury was not
large enough to bring an indictment.
A Presidential Contestant.
Buenos Ayres, Feb. 29. —Seiior Saenz
Pana, Independent, will contest the
Absolutely the Best.
A Bold Conspiracy Partly
Ail Old Man Murdered for His
He Was First Duped Into SigMiiuir
Then Given Poison ln His Whisky—The
Perpetrator of the Crime Believed
to lie the Greenwood
Associated Press Dispatches. |
Ukiah, Cal , Feb. 29.—Edgar A. Mar
tin was arrested by Sheriff Stanley this
morning, and will be formally charged
tomorrow with the murder of Fred
Heldt, commonly Known as "Dutch
Fred" at Fort Bragg, February 17th.
Heldt was worth about $100,000. He
died in a saloon in Fort Bragg, while
drunk, and it was supposed hia death
waa caused by paralysis. An examina
tion of his stomach, since, shows tbat
he had been poisoned. Shortly before
he died he sent for his brother to make
a will, but expired before his brother
arrived. A short time afterward Edgar
A. Martin forwarded to a prominent at
torney, here, a will signed by Heldt in
which Martin was made sole executor
without bonds. The will was dated
December 15tb, and waa written by
Martin in a dive and witnessed
by the proptietor and his wife.
The signature is genuine, but as
Heldt could not read, the supposition is
that he did not know what he was sign
ing. The attorney became suspicious
and informed an officer, which led to
the arrest. Martin had been in the
county only four months and made
Heldt's acquaintance in the dive afore
said. He pretended to want to buy
Heldt's property. The supposition is
that Martin got Heldt to sign the will
while drunk, then poisoned him, ex
pecting to reap a harvest by being ex
ecutor. Mrs. Heldt will swear out a
warrant on her arrival from Fort Bragg
tomorrow. Martin suits the description
of the Greenwood murderer and the offi
cers think he is the same man. Sheriff
McKenzie of Napa county telegraphed
that he will be here tomorrow to identify
him. Martin had received letters un
der the name of Edgar Arthur. The
dive proprietor and his wife will likely
be arrested tomorrow on the charge of
being implicated in tbe fraud and mur
San Francisco, Feb. 29. —The action
brought by the Pacific Land association
et al. against the city and county of San
Francisco and nearly 700 other defend
ants, to quiet title to over 100 blocks of
Mission creek and Potrero land, which
bad been on trial several weeks, was de
cided by Judge Hunt today in favor of
tbe defendants.
Tucson, Ariz., Feb. 29.—Ex-Sheriff
M. T. Shaw, who was arrested last week
on the charge of smuggling cattle from
Sonora, Mexico, at 'ires Bolitas, had a
hearing today before the United States
commissioner. He was discharged,
there being not a scintilla of evidence to
sustain the charge.
Napa, Cal., Feb. 29.—This morning at
10 o'clock was the time set for the hear
ing of the plea of Carl Schmidt, the self
confessed murderer of Mrs. John tL
Greenwood. AU the parties were in
court, but by consent of the attorneys
the defendant was granted one week's
further time.
Redondo, Cal., Feb. 29. —The schooner
Bonita arrived yesterday with 200 tons
of cargo, and left this morning with
eleven tons for San Francisco. The
schooner Esther Bune arrived with 300,
--000 feet of lumber.
New York, Feb. 29.—The Republican
state committee haß decide! that the
state convention for the election of dele
gates to the national Republican con
vention shall be held in Albany Apri 1
Gold Coin Exports.
New York, Feb. 29.—G01d coin to the
amount of $1,030,000 was today taken
from the sub-treasury for shipment to
Europe, tomorrow. The total ordered
since February 15th is $3,780,000.
St. Louis, Feb. 29.—Twelve suits now
stand againßt the Wabash railroad, ag
gregating $104,000, growing out of the
accident to a sleigh last month, when
eight persona were killed.
Binding; Twine Going- Up.
Minneapolis, Feb. 20.—Advices re
ceived here state that the price of bind
ing twine for the coming year will be
advanced from 3 to 4 cents.
A Strike Settled.
Chicago, Feb. 29.—The staff makers
at the world's fair grounds, who struck
Carried Out.
a Fraudulent Will,
Title Ojuieted.
Not a Scintilla of Evidence.
Schmidt's Trial Postponed.
Shipping at Itedondo.
New York Republicans.
Twelve Damage Suits.
last week for an advance of wagea, re
turned to work today, having reached
an agreement with the contractors.
Chinese Itebels Still In tha Field.
Shanghai, Feb. 29.—We1l informed
Chinese cay the accpunta of the auc
ceaees of the government in the north
are grossly magnified ; that the winter
weather prevented the carrying on of
operations, and that the rebels, who are
20,000 strong, are still secure in the
mountains, ready to renew the rebellion
when the weather becomes milder.
Dynamite Excitement In Pari*.
Paris, Feb. 29.—Tremendous excite
ment was occasioned here today by an
explosion at the residence of the Prin
cess of Sagnn. It is thought it was dy
namite placed in the doorway by anar
chistic sympathizers. The windows of
the princess's house, and those ad
joining, were shattered, but otherwise
no damage was done.
The Rev. Ooodall Arraigned.
London, Feb. 29.—John Goodall, the
evangeliet, was arraigned today on the
charge of committing an assault in a
railway car upon Mrs. Ann Siddalls, in
January last. Mrs. Siddalls identified
him as her assailant. She told the
story of the outrage practically as it has
been heretofore given.
Seal Hunter* Frozen.
St. Johns, N. F., Feb. 29.—Saturday
200 men were caught, while seal hunt
ing, by a lierce gale and driven off the
coast. ' It is reported this afternoon that
ten seal hunterß have been found frozen
to death; all have now been accounted
for but thirteen.
Canadian Cattle Quarantine.
Ottawa, Ont., Feb. 29.—1t is probable
that in the coming Bpring the quarantine
of ninety days imposed upon cattle
coming into the northwest from Mon
tana will be applied to cattle entering
British Columbia from Washington and
Jay Gould's Condition.
New York, Feb. 29.—1t is stated
Gould left this afternoon for the west.
George Gould said this morning his
father's illness was not serious, and that
he passed a comfortable night and
seemed better tbis morning.
Terrible Boiler Explosion.
Savannah, Ga., Feb. 29.—The explo
sion of a boiler at the round house here
this morning killed four men and
wounded many others. Debris was
scattered all over the city.
London, Feb. 29. —A. crazy shoemaker
named Kevell, living at Broadsworth,
killed his four children yesterday by
cutting their throats. He then fatally
wounded himself. *
A Crazy
New Typhus Cases.
New York. Feb. 29.—Thirteen new
cases of typhus fever developed within
the laat twenty-four hours. All the pa
tients were removed to Riverside hos
No Attempt to Knn Car*.
Indianapolis, Feb. 29.—At 1 o'clock
it is stated the street car company will
make no attempt to run any cars today.
A Telegrapher'! "Thirty."
New York, Feb. 29.—Thomas Dolan,
one of the best known telegraphers in
the country, died today of paralysis.
Emily Yeamans Dead.
New York, Feb. 29.—Emily Yeamana,
the actress, who haa been lying'ill Bev
eral montha, died thia morning.
News Notes From the Seaside Re
Special Correspondence to the Herald. I
Redondo, Feb. 20.
A large party of gueats from the Re
dondo hotel vieited Point Vincent and
Fisherman's cove yesterday in a four-in
hand coach. They returned about dusk
in high glee over the trip, and display
ing a quantity of curios, shells, mosses,
Mr. and Mi'B. W. C. Sherman of Kan
sas are registered at the Redondo ho
Captain Geo. Ainsworth spent yester
day in Loa Angeles.
The steamer Corona arrived here yes
terday with freight and passengers for
thia place.
Mrs. Henry Ashhurat and Mrs. W. H.
ABhhurst of Philadelphia, Pa., are
gueats at the Redondo hotel.
Misa Abby F. Manning and Misa
Edith Lombard of Boston have arrived
Yesterday's arrivals at the Redondo
hotel include the following : Wm. Mor
gan, P, L. Bushnell, C. D. Qualn, Chi
cago; Mra. J. M. Williams, Mr. and
Mra. Hervey Lindley, Los Angeles; Mrs.
M. Lindley, Sacramento; 8. H. Fair
child, California; Mrs. McDonald, Mrs.
Hubbard, Kansaa ; Mra. P. A. Gouchen,
Newapavpera Endorse.
"Educatnri are certainly tbe greatest bene
factors of the race, and after readingDi. Frank
lin Miles's popular works, cannot he p declar
ing him to be among the most entertaining and
educating authors."—New York Dally. He Is
not a stranger to our readers, as his advertise
ment' appear ln our columns in every issue,
calling attention to the fact tbat his elegant
work on Nervous and Heart Diseases is dis
tributed free by our entemrislng druggist C.
H. Hance. Trial bottles of Dr. Mlle-Zs Nervine
are given away, also book of Testimonials show
ing that it is uoequaled for nervous prostra
tion, headache, poor memory, dizziness, sleep
lessness, neuralgia, hysteria, tits, epilepsy.
A Decision on the Cable Road
Judge Wade Overrules a Num-
ber of Demurrers.
The Opinion Contains Some Inter
esting Points.
It I* In the Case of Edward Rnasell v*.
the Paeine Railway—The Mat
ters Which Are Con
Yesterday Judge Wade of the superior
court rendered an opinion overruling
all of the demurrers of the defendant in
the case of Edward Russell vs. Pacific
Railway. The opinion is as follows:
There| are several demurrers submit
ted in this case which, with one excep
tion, were upon the ground that the
complaint does not Btate facts sufficient
to constitute a cause of action; tbe
complaint, however, sets up sufficient
facts to constitute a cause of action
against each of the demurrants, and
for this reason the demurrers, so far as
they aro based upon that ground, are
overruled. This ground of demurrer
raised the question whether the plain
tiff, if all the facts alleged in complaint
are taken as true, is entitled to any re
lief against the defendant whatever;
when the complaint shows he is en
titled to any kind of relief within the
jurisdiction of the court to grant, the
demurrer will be overruled; but in the
demurrer of William Alvord there are
general specific grounds stated, to
wit: Misjoinder of parties defendant,for
the reason that defendant is improperly
joined as such with tbe Los Angeles
Cable Railway company. The demurrer
is overruled on this ground. Again,
that several causes of action have been
improperly united in said complaint, to
wit: A cause of action to have a receiver
appointed for the Pacific Railway com
pany to operate itR alleged railway ; a
cause of action to discover the names of
the stockholders; a cause of action to
levy and collect an assessment on the
stock of Baid alleged Pacific Railway
company. It is sufficient to dispose of
this objection, that these are not causes
of action, hut are merely incidents to
one cause of action an alleged in the
complaint.- These are but different
kinds of relief that are asked, and so far
us the objection is raised to the appoint
ment of a receiver, that is merely an in
cident of one of the kinds of relief de
It is further objected tbat the com
plaint is unintelligible and uncertain
for divers and sundry reasons, among
others, that it cannot be ascertained in
the amended complaint that tbe Pacific
Railway company ia or ever was a cor
poration ; it cannot be ascertained in
the complaint what property waa con
veyed by trust deed to the Loa Angelea
Cable Railway company, nor what prop
erty the Pacific Railway company con
veyed by trust deed to the Illinoia Truat
and Savlnga bank, or what street rail
ways are known as the Los Angeles
Cable railway system, or to whom any
street railways are known as the Los
Angeles Cable Railway system, or who
the original stockholders of the Los An
geles Cable Railway company were or
are, <or whether the persons to whom it
is alleged the capital stock of the Pacific
Railway company waa issued are the
same ss the said original shareholders,
or upon what terms the
original shareholders receive cer
tificates, etc., or what property
tbe said Pacific .Railway company
has now or has at any time been pos
sessed of or had in control, etc. Suffice
it to say that so far as these matters are
essential, they are alleged with suffi
cient intelligibility and certainty,
i The further objection is raised that
there is a defect of partiep. to wit: Tho
Illinois Trust and Savings bank.William
Alvord and Thomas Brown, trustees.
In an action of this kind these would be
proper but not necessary parties; that
iB, the plaintiff might obtain relief of
Borne kind without their appearing as
parties defendant. Even if these omit
ted parties were necessary to some form
of relief demanded* by the complaint,
that would not be such a defect as would
render the complaint demurable upon
this ground, unless there was no kind of
relief that could be granted to the
plaintiff without making them partieß
A great deal of learning of counsel
has been employed in discussing the
question whether the court has jurisdic
tion in this case to appoint a receiver.
It is obvious that that question cannot
be raised by demurrer, for this reason,
that it is not a specificground preecrbied
under tho code, and cannot be embraced
under the general groundß, becauae
it is merely an incident to relief that
may be demanded in certain cases, and
if this question may be raised, it would
seem that it should be raised only by
some party to the action, or some one
affected adversely who was or could be
regarded aa aggrieved by auch appoint
ment. The demurrer of defendant
Alvord and other demurrers therefore
will be overruled.
Great Reduction
> OF
Winter Underwear
* AT
Greatly Reduced Prices.
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Main street. Call or write for particulars.
Office hours, 9 a.m. to 5 p.m.. 7 p.m to 0 p.m.;
Snndayi, 10 to 12 only.

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