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Los Angeles herald. [volume] (Los Angeles [Calif.]) 1890-1893, September 01, 1892, Image 3

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Another Mistake Said to Have
Been Made by the Court.
The Grand Jurors, Who They Are
and Their Occupations.
How the Names Were Dnwn-Where
the Legality of the Jury Can Be
Questioned— The Persunallty
of the Member*.
At 2 o'clock yesterday afternoon
Judge Smith, in department one of
the superior court, proceeded to draw a
new grand jury. »
Glerk Crane picked up the slips of
paper containing tbe names of tbe
thirty-five persons heretofore drawn,
and in a solemn manner, as if he were
officiating at a funeral, deposited them
again in a japanned tin box, known as
the grand jury box. This made fifty
nine names in the box. the slip contain
ing the name of M. H. Ledbetter, de
ceased, having been destroyed at the
first drawing.
While the court looked on, Mr. Crane
shook the box so that it rattled as if it
had a severe attack of fever and ague.
When it was opened, the following
' names were called out as the venire to
be served by the sheriff:
Wm. H. Forker, D. 0. Miltimore, Ed
win Munsey, Samuel W. Luitweiler,
W. H. Webber, Geo. H. Bixby, W. v!
Masters, T. J. Stuart, Samuel B.
Caswell, W. 8. Arnold, J. R.
Dobbins, W. T. Martin, Andrew
W. Barrett, Henry De Garmo,
Charles Forman, Fred. J. Teele, sr., G.
B. Adams, Seward Cole, A. E. Pomerov,
Wm. H. Russell, Thomas E. Rowan, S.
Kingery, Hancock Banning, Stephen H.
Mott, John Chancellor, Edwin J. Vaw
ter, Thomas Meredith, W. E. Willson,
Henry Giese.
The following is the order issued by
Judge Smith calling for a new drawing:
In the superior court of the state of
California, in and for the county of Los
Angeles, Wednesday, August 31,1892.
In open court at 10:30 a. m., preeent
Hon. B. N. Smith, judge, the sheriff, re
porter and clerk.
It is hereby ordered that a grand jury
be drawn and summoned. that the
drawing take place in department one
of this court, at 2 o'clock p. m., of this
day of August 31, 1892. That tbe names
of thirty v 3O) persons be drawn from the
grand jury box of the county to' serve as
grand jurors, and that they be sum
moned to appear and attend the said
court on Monday, the 12th day of Sep
tember, D. A. 1892, at 10 a.m. of eaid
day. B. N. Smith, Superior Judge.
Signed, August 31,1892.
The singular fact about this second
drawing is that twenty-eight of tbe
thirty names secured are the same as
were drawn on Monday, when under an
illegal order thirty-five names were
taken out of the box. It certainly does
seem strange that with fifty-nine names
in the box and thirty chances to draw,
twenty-eigbt names should be taken out
of the possible thirty-five names that
were replaced in the box yesterday after
But the question is now, had Judge
Smith a right to put those thirty-five
names that were drawn on Monday back
into the box yesterday afternoon so that
■twenty-eight of them could be drawn
again. Some lawyers say that he had
and some say that he had not. Any
way this is a very nice point of law, aud
raises a question which the supreme
court of tbe state will probably have to
pass upon.
Any way, as the proposition stands,
the validity of the grand jury is brought
into question from the start. A techni
cality is raised as to its validity. Sup
pose that the grand jury commences its
investigation and return* an indict
ment. 1 hen some one seeka to re
strain it from acting further
on the ground above stated. The ques
tion goes to the supreme court and the
jury is tied up just as waa tbe grand
jury Judge Wallace impaneled in San
Francisco, when it was investigating
legislative bribery and corruption. Ow
ing to the blunder of Judge Smith, the
situation is decidedly complicated.
But about the thirty gentlemen
whose names were drawn from the box
yesterday; seventeen arejfrom the city
and thirteen from the country. Ac to
who and what they are, the following is
William H. Forker was the first man
drawn. He is a bookkeeper according
to the great register, and a resident of
D. O. Miltimore was drawn second. 1
He is the vice-president of the Univer
sity bank, and is on the bond of the
Evening Express company, in so far as
the contract tbe said company obtained
from County Clerk Trowbridge H.
Ward, to print the great register of this
county at 23 cents per name, is con
cerned. Tbe said University bank is
also a depository for county and city
Edwin Munsey was drawn third. He
is a coal dealer, of 1200, Downey avenue,
East Lob Angelea.
Samuel W. Luitweiler was drawn
fourth. He is a dealer in wagons, etc.,
at 200 Los Angeles street.
W. H. Webber was drawn fifth. On
the great register he appears as a book
keeper, living at University. He was
the bookkeeper of S. M. Perry, chair-1
man of the board of supervisors.
George H. Bixby was drawn sixth.
He is a rancher, of Cerritos.
W. U. Masters was drawn seventh
He Uvea at Pasadena, and is secretyry
of the auxiliary committee of the Demo
cratic state central committee.
T. J. Stuart was drawn eighth. He is
a real estate agent, and lives at Alham
Samuel B. Caswell was drawn ninth.
He is the auditor of the Los Angeles
City Water company, and lives at 518
West Fifth street.
W. S. Arnold was the tenth man
drawn. He lives at 500, East Seventh
street, and was the contractor for the
court-house wall.
John R. Dobbins was drawn eleventh.
He ie an orchardist, and lives at San
W. T. Martin wbb drawn twelfth. He
is a farmer, and lives at Pomona. He is
an ex-supervisor of,this county.
Andrew W. Barrett was drawn thir
teenth. He is a resident of Lob Angeles,
and superintendent of the Los Angeles
Electric railroad.
Henry De Garmo was drawn four
teenth. He ia the president of the Los
Angeles Lime, company, and live* at 729
- Rosas street.
Fred J. Teale, sr., 1b a farmer, who
resides at 231 South Bote street. He was
drawn aa tbe fifteenth man.
Charlea Forman is a capitalist, who
resides at 1015 West Pico street. He ie
i one of the two new men whose names
were drawn from tbe box. He was
drawn sixteenth.
G. B. Adams is a fruit grower, wbo
resides at Al ham bra. He was drawn
Seward Cole was drawn eighteenth.
He lives at Cabuenga, and is a farmer.
He is also the People's party candidate
for the assembly in his district.
A. E. Pomeroy is a real estate dealer
of Loa Angeles. He was drawn nine
teenth, and his was the last new name
drawn out of the box.
William H. Russell is a farmer, who
lives at Whittier. He waa drawn
Thomas E. Rowan is a real estate
dealer of this city. He was a member
of the board of supervisors. His
was the twenty-first name taken from
the box.
The name of Samuel A. Kingery does
not appear on the great register. He
was drawn twenty-second.
Hancock Banning was drawn twenty
third. He ia a commission agent and
coal dealer.
. George L. Arnold resides on Boyle
Heights. He is the cashier of tbe Uni
versity bank and secretary of the Re
publican congressional committee of the
Sixth district. His bank is the deposi
tory of city and county funds. He was
drawn twenty-fourth.
Stephen H. Mott was drawn twenty
fifth. He lives in the city, and is secre
tary of the California Sewer Pipe com
pany, secretary of the Loa Angeles City
Water company, and vice-president of
tbe Perry, Mott Lumber company.
John Chancellor was the twenty-sixth
man drawn. He is the Main street
Edwin J. Vawter was drawn twenty
seventh. He is a resident of Santa
Monica, and is a Republican applicant
for the nomination for supervisor.
Thomas Meredith is retired. He lives
at 120 Hellman street, East Loa Angeles.
He was drawn twenty-eighth.
W. E. Willson was drawn twenty
ninth. His name does not appear on
the Great Register nor in the City Di
Henry Giese is a druggist of Lob An
geles. He waa tbe last name taken out
of the box.
Street Superintendent Hutchinson to
Flush the Sewers Regularly—Health
Officer MacGowen to Take All
Sanitary Precautions.
The city of Los Angelea, which is, un
questionably one of the healthiest met
ropolitan centers in the world, will not
be caught napping by an epidemic of
cholera, if the dread disease should
reach this end of the American conti
Tbe announcement yesterday that
twenty-two cases of cholera had arrived
at New York city did not take the local
authorities by surprise, for the reason
that they have been expecting such
Street Commissioner Hutchinson yes
terday stated: "Since the announce
ment of the cholera epidemic in Europe,
we have been doing a great deal of
thinking aa to the precautionary meas
ures which should be adopted. When
I heard today that twenty-two cholera
cases had landed in New York City, I
immediately made arrangements to in
crease the sewer crew. I propose now
to nightly flush the main sewers of the
city, and take every eafeguard to pro
mote the general health of the city. I
am satisfied that by keeping the sewers
clean and clear, we will do much to pro
mote the general healthfulness of the
Dr. Granville Mac rowan, of the board
of health, is equal; .• interested in put
ting the city in a thorough hygienic con
dition. He propose sto have all masses
of rubbish, decaying vegetable matter,
etc., removed, and hll of his assistants
will be out bright and early this morn
ing on tbis misson.
Through tbe co operation of the street
commissioner and the health officer,
there ia no doubt that the city will be
put in good order, from a hygienic stand
point, within the next twenty-four
A Car Load of Refreshments for I. O.
O. F. Pilgrims,
The Sovereign Grand Lodge of Odd
Fellows, which met in Los Angeles four
years ago, will bold its session this year
at Portland, Ore., commencing Septem
ber 19th. A special train bearing some
500 or 1000 eastern and foreign dele
gates will leave Chicago on the 10th,
proceeding thence via Kaneas City to
Portland. Unfortunately, the itinerary
of the party does not include Southern
California, but that the visitors may not
come to the coast and return to their
far-distant homes unimpressed with
tbe hospitality of this section, a South
ern California treat ia ia store for them.
Last night a special car, filled with
native wines and fruits, left this city for
Kansas City, to be attashed to the train
bearing the pilgrims.
To Mr. Eugene Germain, commissary
general of the grand lodge, belongs the
credit of getting up this car of refresh
ments. The wines, including brandies
and sparkling California champagne
water, were donated by various wineries
throughout the state, and it was essayed
to procure the fruit, also, by soliciting
donations from groweis, but some diffi
culty being encountered at the outstart
in procumng samples of tbe best, the
Germain Fruit company jumped into
the breach and made up the entire do
nation, which consists of mammoth
watermelons, grapes, pears, peaches,
plums, apples, walnuts and raisins, all
of the choicest varieties.
Tbe chamber of commerce improved
the opportunity by sending along with
the car a good supply of literature, set
tins; forth the advantages of Southern
A mute Recover* speech
Alphonce Hemphliug, of Summit township,
Butler county, Perm., made an affidavit that bis
twelve-year-old son, wbo had had St. Vitus
Dance for twelve years, lost his speeoh, was
completely cured after using three bottles of
Dr. Miles' Restorative Nervine, and also re
covered his speech. Thousands testify to won
derful cures from using It lor nervous diseases,
dyspepsia,nervous debility, dullness, confnsion
ot mind, headaohe, etc. Four doses of this
Nervine cured Mrs W. B Burns, South Bend,
Ind., who had been suffering with constant
headache for three months. Trial bottle and
elegant book free at C. H. Hanoe,
William Slaney,
Raving opened his new store at 244 South
Spring street, with an entire new line of boots
and shoes, would be glad to meet his old
friends and patrons, and many new c nes. His
stock embraces the best roods In the city, and
at the most reasonable prices.
"The best of all I consider Apollinaris."
How Justice Stanton Did Up
Justice King.
An Interloping Cadi from Burbank
Summarily Squelched.
The Action of the Supervisors—Justice
Stanton Sees His Opportunity and
Seizes it—King's Judicial Man
tle Very Likely to Drop.
Whether Justice A. E. King, formerly
of Garvanza, more recently of Burbank,
but now attempting to open a justice
office in this city, is a full fledged jus
tice of the peace or merely a private
citizen, is a problem which has at last
been solved by the appointment and
qualification yeaterday of Justice L.
Stanton as township justice.
The causes which have led up to the
present state of affairs form an interest
ing history. Mr. King was elected jus
tice of the peace at Burbank, and S. G.
Bartholomew at Garvanza, at the last
general election. The board of super
visors bad many complaints from Bur
bank and vicinity aB to the manner in
which Mr. King waa conducting his
office. The billa be sent in were re
garded by them with suspicion, and the
plan was formed at last in June of this
year to take those two townships into
Los Angeles township. At that time
tbe board did not contemplate the leg
islating out of office of the two legal
luminaries mentioned, until the next
As President Perry informed a Herald
reporter yesterday, "tbe idea of the board
was, that they would be only able to
get rid of the objectionable justices at
the next election, when only one town
ship justice would be elected. The
justices had made themselves so ob
noxious by the manner in which they
worked to make up their monthly allow
ance that something had to be done,
and the board took what they thought
at the time to be tbe speediest way of
relegating them to the walks of private
When the readjustment of the super
visorial districts and township lines
was made on June 2d of this year, the
board of supervisors quietly, but effect
ually changed the lines of Loa Angelea
township by taking in Burbank and
Garvanza, so that the new township
comprises the election precincts of tbe
city, Burbank, Glendale, Garvanza and
La Canada.
Justice King kicked, to use classical
language, like a bay steer, but tbe work
went right on. He conceived the idea
that he could not be legislated out of
office, and as he could get but little
business at Burbank, he moved into the
city, and a week or two ago opened an
office in tbe Temple block.
But Justice Stanton, who waa elected
a township justice at the last general
election, took a position, which the dis
trict attorney's office and prominent at
torneys say haa ousted the two objec
tionable jueticea from their offices.
Upon the theory that the creation of
the new township created a vacancy in
the office of justice of the Justice
Stanton went before the board of super
visors last week and presented a petition
that he be appointed township justice of
Los Angeles township. The board acted
favorably on the petition, and he was
appointed. As such justice, he givea a
$10,000 bond, and yesterday it was com
pleted and approved by all the superior
court judges, bo that Justice Stanton is
now the fully accredited dispenser of
justice for two townships; and just
where Justices King and Bartholomew
stand it would be difficult to say. Un
der the circumstances some mighty in
teresting questions would arise, as to
their liability, if they brought about the
imprisonment of individuals.
The law under which the appointment
of Justice Stanton was made, is section
107 of the code of civil procedure, and
section 58 of the amendments of 1891.
The former reads as follows:
"Sec. 107. The justices of the peace
elected in the townships at the general
state election of 1879, or persons ap
pointed to fill their places, are succes
sors of the justices of the peace of the
townships, respectively, wbo held office
at tbe time of such election; and in case
the townships of any county are here
after changed or altered, the board of
supervisors of such county shall make
provision as to what justices shall be
successor of the justices of townships so
changed or altered."
Section 58 of the amendments of 1891
reada aa follows: "The officers of a
township are two justices of the peace,
two constables, and such inferior and
subordinate officers as may be provided
by law, or by the board of supervisors.
"Provided, that in townships contain
ing cities in which city justices are
elected, there shall be but one justice of
the peace.
"The board of supervisors of each
county, on or before the first Monday in
September, 1891, and thereafter, as pub
lic convenience shall require, shall
divide the respective counties into town
ships, for tbe purpose of electing justices
of the peace and constables; provided,
that the board of supervisors shall ha ye
power, whenever they may deem it for
the good of the county, to allow only
one justice of the peace and one consta
ble in any judicial township having a
population of less than 3000 inhab
According to the opinion of the dis
trict attorney's office, the board of
supervisors having created the new
township, the old officers held over until
the board appointed the new justice and
he qualified, and that that having been
duly accomplished, Justice King and
Bartholomew are thereby ousted from
their respective offices.
That a justice can be legislated out of
office, it is believed, ia clear. For it is
contended that such an officer can be so
ousted out unless the term of the office
is fixed by the constitution; and that
then ia nothing in the nature of a eon
tract between the government and
these officers. In these cases they are
not mentioned by the constitution.
Just what Mr. King will do under the
circumstances it will be interesting to
see. He has not much popularity, and
is not credited with a mind voluminously
Btored with the principles of law, and
from the knock-out' blow which has
been given bis judicial ermine, it seems
to be in danger of dropping completely
from his shoulders.
A Schoolmaster Who Met With a Bad
Antonio De Piri, an Italian school
teacher, was struck by a cable car at the
corner of First and Alameda streets, at
noon yesterday, and received injuries
which will probably result in the loss of
one leg.
De Piri had just left his lodgings at
507 Banning street, and attempted to
cross First street when he waa struck
by a cable car, and sustained a com
pound fracture of the left leg, and a
simple fracture of the right ankle. He
was attended by Drs. Bryant, MacGowan
and Brainard. He was removed to his
boarding house, ancl will probably lose
his leg today.
Dr. Brainard stated that the man told
him that he had been Buffering from
epileptic fits, and it is supposed that he
was Buffering from one at the time.
The Sad Condition of Robert Henry
King—Notes of Cases Acted Upon
Yesterday—New Cases Filed.
Marriage Licenses.
An insanity case was tried before
Judge Smith yesterday morning, and
Drs. Orme and Bryson, which developed
some very pitiable circumstances. The
patient waa Robert Henry Klug, who
has been a clerk in the dry goods houee
of B. F. Coulter up to three weeks ago,
when he developed unmistakable symp
toms of insanity, and in a short time was
a raving maniac. He was exceedingly
violent yesterday, and it was as much ac
the officer could do to control him.
The insanity of Mr. Klug was brought
about partly by financial reverses, and
latterly by religion. He is a man of in
telligence, and had a happy little family
of a wife and three children. He bought i
a house and lot in East Los Angeles on
the installment plan, some time ago, the
payments amounting to $15 per month.
After he bad paid for a number of
months, tbe bouse was burned down one
night. Tbe insurance money went to
the man from whom he purchased.
During tbe fire, Mr. Klug tried to save
some money which he had hidden un
der a carpet, and while in the room was
struck on tbe back of the head by fall
ing timbers, and severely hurt.
The man, from whom he had pur
chased, put up a smaller house on tbe
lot, and Mr. Klug refused to pay the
same amount as before. He was sued,
but the case was decided in his favor.
In addition to all these, sources of
trouble, he began to attend religious
meetings, and grew wild about such
subjects. All these causes combined un
balanced his mind, and he became the
pitiable raving creature that he was yes
terday. He was adjudged insane, and
will be sent to the Stockton asylum.
Mr. Klug is 37 years old, is a native of
Illinois, and baa been in California for
four years past.
In the case of Glassell et al vs. Ver
dugo et al. Judge Van Dyke yesterday
directed the reporter to transcribe the
testimony, and when it was presented
to him the case would then be set for
In the case of the Southern Pacific
Railway company vs. Townsend, the
order of Judge Van Dyke setting aside
the order to enter a default, was set
aside, and the motion to set aside was
plated on the calendar for September
In the case of G. Sormano vs. G.
Tononi, before Judge Van Dyke, the
death of the defendant appearing, his
executrix was substituted as defendant.
A similar order was made in the case of
Studebaker et al. vs. Bessonett. Tbe
death of J. I Case, one of the plaintiffs,
appearing, his administrator, H. W.
Brown, waa substituted as a plaintiff.
Paul Theodor Hopf and Brederick
Karl, natives of Germany, wefe natural
ized by Judge Smith, yesterday.
New Cases.
A petition was filed by Mrs. H. A.
Watson for the guardianship of George
Simons, 4 years of age. She alleges
that the father has abandoned him, and
tbe mother is leading a dissolute life.
Also a petition for tbe guardianship of
Rose Retto, 4 months old, who has been
abandoned .by both her parents.
Canaille tiarnier and Louis Polaski,
administrator, began suit agains Joseph
Jullien upon a promissory note for
A petition for tbe probate of tbe will
of Robert W. Lacey was filed by Mrs.
N. E. Lacey. The estate is valued at
$20,000, consisting ot real estate in Los
Angeles county, stock in the Lake
Vineyard Land and Water company,
and money. By provisions of the will
the estate is bequeathed, absolutely,!to
his wife, who is named as executor
without bond.
Suit for foreclosure of a mortgage for
$100 was begun by H, L. Pinney against
J. C. Kofoed, et al.
Thomas C. Allen and James Dezell be
gan suit against S. C. Lillis et al., to re
cover judgment for $450, commissions
which they allege to be due from de
fendants for sale of stock.
TUTT'S PILLS care risk headaohe.
Bummer lap dusters at ray's old reliable sad
diary house, 318 North Lea Angeles street.
To crack the nut in which the * ..it hi
X X hidden. The easiest thing in the world
X ia to spend money, and it's joat about
/ Pfefc,, \. °s easy to spend it injudiciously. Thi«
/ I \ 18 exactl y what y°u uo not do when yoa
>/ B a\ft 8 \ Purchase our tine diamonds and other
'7 := M ;; -S \ r ,recloUS an.l jewelry. When yon
it I E#£ 1 P Mb> si* lay out a <lollar you expect to get it back
\ rrK a K aln > not m actual money, but in value
f _~ I rfc,( ' elve(l for va 'ue given. We give you
/ Ht leaBt a ,lollllr ' B worth for a dollar, and
\^^S^^*- hwe B uard Your interests as carefully aa
mwe do our own. Kia;ure as carefully
\j, , «Bt3»ii i^^)2 d> ' r*~l aB y° u P'eaee, you can never make a
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kVi-. •uni which enters into the purchase of our
w J diamonds, watches, jewelry, etc.
130 South aprteg Street.
(Mf BEST. «J\)
fj paralysis. No More Drugging """f~%
tThe Art of Sur
gery is a bless- JdrTA
ing to the world. /y{m!^W^~\
But the practice \
of medicine is a (fTjjf wV SrC C \
curse to the com- — \
m unity. If every w^^^M~Yiiy
drug store was I B [
closed no one II Vi I \
would be sick ex- J|l u \ V
ctyrf through ac- "^K
medicine and die \ \ \-=m
rfear twr 1 J VvS^
neto - Conserva- )
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J. S. MILLS, Pasadena.
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No. 345 South Spring Street. Tel. 226.

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