Los Angeles herald. [volume], October 08, 1892, Page 3, Image 3

About Los Angeles herald. [volume] (Los Angeles [Calif.]) 1890-1893

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THE KILLING OF DANIEL SANDS.
Did His Pretty Mullatto, Belle
Oden, Raise His Jealousy?
Some Contradictory Evidence Given
at the Inquest Yesterday.
Belle Oden. the Dead Man* Mlntress,
Tells Her Story—The Shooter
Declines to Testify—Ver
dlot of Murder.
Yesterday morning 'Coroner Weldon,
and a jury, held an inquest on
the case of Daniel Bands (colored), who
died at hia residence on Exchange
street, Thursday morning, from the ef
fects of a pistol shot wound in the head,
received in a fracas occurring at 691
New High street, during the night of
Monday last.
Dr. E. T. Shoemaker testified that,
late at night on Monday, he was called
in to prescribe for the deceased ; that
he found him suffering from the effects
of a bullet wound in tbe left side of the
head just back of the ear; and that
there was a slight abrasion of the scalp
in the back of the head. Bands waß un
conscious, and gradually sank.
Grant Douglas (colored) was acquaint
ed with deceased. Witness was at the
house on New High street on the night
of the killing of Sandß. There were
present, also, Belle Oden, Mary Carpen
ter, H. A. Whitson, Carpenter, a col
ored man named Bob, another white
man, and George Ford, It was almost
10:3 l) p. m. when there came a knock at
the door, and Bands entered, asking if
hiß girl was there. Belle Oden was the
woman meant. She and Mary Carpen
ter were then in another room, convers
ing. Sands held a stick in his hand
when he came in. Ford told him the
woman was there, and Sands immedi
ately passed to the back yard, whither
he was followed by Ford. Angry words
followed. Witness here assisted the
coroner in drawing a diagram of tbe
house and yard.
a. Room where witness Douglass and others
sat at time of arrival of Sauds.
b. Room In which same witness says the
women Carpenter aud Oden were conversing
at the time.
c. Kitchen.
d. Rear ro m.
c. Yard: no fence en the south.
f. Closet.
g. Spot where Sands was shot and fell against
the fence.
Witness, resuming, said: Sands said
he would like to kill the .
Ford said: "I am just as good a man
as you are."
Shortly after this a shot was heard.
Witness went to the room "d," accom-
Eanied by tbe others present in the
ouee, except the women, Oden and
Carpenter, who went through the
kitchen. Witness saw Sands on tbe
ground and Ford standing near him.
Belle stood about six feet from the men,
between them and the house. It waa
light enough to see what went on in the
yard.
On further examination, thia witne-ea
said that Belle called out to Sands,
"Don't! don't! don't!" Sanda had
Ford by the coat with hia left hand, and
made a motion towarda his right hip
pocket. It was then he aaid, "I'm as
good a man aa you are," and Ford fired.
Witness did not see Ford'a pistol, but
heard the shot. Ford bad his left hand
up by Sanda' left ear. Ford wua aober
that evening. When he arrived at the
house, about 9 p. m , he had found Ford
and Belle sitting together, talking.
Some three nighta before tbia occur
rence Sanda had come to tbe houae and
endeavored to kick the door in. After
falling, Sanda got up and aat down by
the fence. Witneaa, carpenter and an
other carried the wounded roan into the
houae. Afterwards, in the houae, Ford
said to witness that he was going to
take no chancea with a big man like
that, and co shot him.
It will be noted that the teatimony of
thia witneaa was rather contradictory in
several essential points.
Bole Blake (mulatto) testified that he
lived in the second atory of the house on
New High street: that on Monday
night, between 10>£ and 11 p. m., he
came home, and found Grant Douglaa,
Mary Carpenter, Belle Oden, and a
White man, to witneaa unknown, sitting
there. Geo. Ford came in shortly after
wards. "Presently there waa a" knock
at the door, whereupon the two wr men
went out to the yard. Sanda was the
person who knocked ; he waa admitted
by Ford, but aaid nothing. He passed
into the back yard and was followed by
Ford. I heard the two wrangling and
then a pistol phot. I remained in the
house for some two minutes after that,
but Grant Douglass went out into the
yard at once. I didn't want to be mixed
up in the matter. The two women had
left the room as Sanda came in. Car
penter came in afterwards. When
Belle heard the knock she aaid it waa
Sands, and went out of the room where
we were sitting."
Isabel Oden lives on Exchange street,
with Daniel Sanda. She testified aa
follows:
About 9 p. m. on Monday I went to
the New High-street house with Mary
Carpenter. Whitson, Douglass and
Blake were there. George Ford came in
immediately after me. I did not send
for him nor do I know that any one sent
for him. I went out to the yard end
heard Sanda calling me. I said I would
come in a minute. He called again, and
I answered aa before. On coming into
the yard I aaw Sands and Ford stand
ing together. Sands Btruck Ford. I
tried to separate them, but one word
LOS ANGELES HERALD: SATURDAY MORNING, OCTOBER 8, 1892.
brought on another, and, at length, I
heard a shot fired. I waa standing al
most between the two when Sandß fell.
In falling hia head struck the fence. I
did not hear Banda knock at the door,
for I had started for tbe yard. Mary
aaid, that's Bands, and he ia mad. I
said I bad done nothing. For some
time before Banda came, Ford, Mary
and I had been in the kitchen talking.
After Bands fell I tried to raise him, ask
ing bim where he was hurt. After the
abot, Ford aaid he waa sorry, and never
would have shot Bands bad he not
thought Banda was drawing on him. Ford
got the hack and we took Sands home,
and then I looked up a doctor. The
ahooting wan between half past 10 and
11 o'clock, Sandß had been drinking
heavily. Ford lived with the Still well
woman in the second atory of the house
on New High street. I knew them all, and
had been 8t the house several times,
and I do not think I did wrong in going
there. Sands was very jealous, and
when under the influence of liquor had
struck me on several occasions. He
never wanted me to go away from home,
I was his mietrese. Sanda had no pis
tol that night. I found, a large clasp
knife in his hip pocket after I got him
home. During the quarrel between the
two men nothing was said of any rela
tions between me and Ford.
Mollie Jackson testified that she
lived in Ford's house. That evening
she left Belle and Mary in the house
and went out. They bad come in about
8:30 asking for Ford. "He was not in,
aud Mary sent Whitson, who came with
tbem, to the saloon after Ford. I went
away juet after Ford came. Belle told
Ford that Sanda had driven her away
from home, and that she wasn't going
back. Ford told her there was no room
for her in the house, for there was a man
and his wife there. Belle told Ford that
her fellow (Sands) waa looking for him
to do him up. Grant came to the house
along with Ford. I heard others tell
Foid that Sands was looking for him."
Mary Carpenter, wife of George Car
penter, testified : "I know Belle Oden.
On Monday evening Belle came to my
house and wanted me to go with her on
an errand. We went out, Mr. Whitson
accompanying us. Arriving at Ford'a
houree, on New High street, Belle said
ahe would like to stop there for a little
while. Mollie Jackaon was there, and
aaid that Ford was out, and Belle told
her to send Whitson after Ford. Belle
told me that Sands was angry with her,
and had been so a day or two before
that. Belle and I went with
Whitson, and found Ford at the
saloon, and we all went back
to Ford'a. Ford and Belle left
me in the front room and went into
tbe kitchen. Presently I went in and
told her to hurry up. I don't know
what they talked about. I did hear
Belle tell Ford that Sanda had driven
her awry and had threatened to kill
him. The street door was open when
Sanda came, and Ford went to it. Belle
cried out, 'Oh, that's Sands.'And I said,
lam go{ng home. Belle went out to the
yard and I followed and slipped out
into the street. I went home and did
not hear the shot fired. I hurried away
because I was afraid Sanda would whip
Belle."
Homer A. Whitson testified that he
lives at Carpenter'B house. "On Mon
day evening I went with Mary Carpen
ter and Belle to Ford's house on New
High street. Ford waa not in, and
Belle asked me to go and look for him.
I found bim at a saloon near by, playing
cards with Douglas Grant. Belle and
Mary came to the aaloon after ua, and
we all went back to Ford'a. I went in
the house and etayed about 10 minutes.
Carpenter and I then went to get sup
per at a Chinese restaurant on Alameda
street. On our way we met Sanda on Loa
Angeles street. He waa pretty drunk.
He asked if I knew where hia wife was.
I said no. I thought it none of my bus
iness. Sands then left us and I didn't
Eec him again till after the shooting.
After the shooting Ford asked me, would
you leave? And I answered no. Ford
had told Carpenter that he shot Sandß.
Drawing near the house on New High
atreet Carpenter and I met Ford. We
called him to us, and asked where Sanda
was. In the back yard, he replied. He
didn't know whether he bad killed him.
The witness admitted that he had been
recently confined in the city prison for
larceny.
George Carpenter testified that he
had come down to the New High atreet
house to tell hia wife to go home. He
found the Bame persons already men
tioned assembled there, also a white
man, who ia a butcher in Santa Monica.
Witness confirmed the statement of
Whitson in regard to meeting Sands,and
subsequent events. He had heard
Sanda tell on a former occasion that he
didn't want him around his woman.
Minnie Brown testified that she
heard a ahot fired and ran to No. 601
New High street. She gave an accu
rate description of a mulatto whom ahe
saw standing in the yard with what ahe
believed to be a pistol, and who told her
there waa nothing the matter. When
confronted with Ford, ahe recognized
him as the individual she had seen.
George Ford being brought in, was
informed of hia right to atate to the
jury what he saw fit, in his own defense,
and was warned that what he might cay
might be used against him at a subse
quent trial. He sail hia attorney being
absent he did not wish to say anything.
Belle Oden being recalled admitted
that Ford and she went into the kitchen
alone together and conversed. She de
nied that she aaid in the presence of
Molly Jackson that her old man had
driven her away or that Bhe told Ford,
Sands was going to do him up. Nor
when Sands came (to the New High
atreet house) did she cry out that Sands
waa there.
Dr. E. H. Bryant had made the post
mortem examination of Sands, and des
cribed tbe position and nature of tbe
wound. The ball did not penetrate tbe
skull, but was flattened against it, frac
turing tbe bone at a point about an inch
behind the left ear, parallel with its tip.
The middle meningeal artery was rup
tured. The man died of internal hem
orrhage.
The pistol, a five-barrel weapon oi 38
caliber was then produced, and proven
to be the property of George Ford.
At 2:30 p.m. the jury returned a ver
dict of wilful murder againßt Ford aa
principal and Isabella Oden as accom
plice. One juror, however, was of the
opinion that the offence was justifiable
homicide.
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luxury but a necessity."
HANDSOME MRS. CICOTTE'S AGE
She Declines to Tell It and
Bluffs off Judge Brunson.
Interesting- Proceedings Yesterday
in the Courts.
A Peculiar Case Against the Santa Fe
Company — Sensational Charges
Against William Sholderer.
New Suits—Court Notes.
"I "decline positively to answer the
question," spunkily replied Mrs. Martha
Cicotte, in Judge Clark's court room,
yesterday afternoon, in reepone to a
query by Judge Anßon liruneon as to
her age.
Just why the handsome witness
should decline to answer did not ap
pear. It could not be because she was
too old, because seemingly she has not
yet reached even that uncertain age,
when a statement of the summers and
winters of a woman's life becomes em
barrassing. Mrs. Cicotte appeared to
be between 25 and 30 years of age, and
she looked the astute attorney of tbe
Santa Fe railroad straight in the eyes,
struck even the jurors aa being an un
commonly attractive woman.
"I insist on an aawer, madam," re
iterated Judge Brunson.
"I will not. That is something lam
very particular about, and I don't
think a gentleman should ask a lady
such a question," came quick aa a
Hash from the witness, and Judge
B. unson had to give it up, even failing
to get at it indirectly by adroit questions
intended to entrap the witness.
The case on trial waa that of Mrs.
Cicotte's mother, Mra. M. Wilaon,
againat the California Central Railroad
company, to recover judgment for $4000
for a lot of household goods shipped
from Indianapolie to Loa Angeles, and
which were burned up in the freight
warehouse of the company. . This is
the second trial, the plaintiff having re
covered judgment once for the full
amount, but a new trial being granted
by Judge Clark, his deciaion waa
affirmed by the supreme court. The
trial was begun Thursday after
noon, and tbe taking of testi
mony waa resumed yesterday morning.
During the morning Mra. Wilson
testified, and went over the list
of articles ahipped, seriatim, stat
ing their value, alleging that
the true value waa nearer $20,000
than the $4000 claim put in. She denied
having received any notice of tbe arrival
of the goods in Lob Angelea. It is upon
thia point that the caae hinges, the rail
road claiming that the notice of arrival
was duly given.
But the testimony of Mra. Cicotte and
her croas-examination were the interest
ink- part of the day's proceedings. I pon
her direct examination she related how
she bad gone to the offices of the South
ern Pacific and Santa Fe companies in a
search for the missing goods. She bad
worked for four yeara aa a clerk in a
railroad office in Indianapolie, and dis
played complete familiarity with way
bills, expense accounts and the proced
ure in tbe freight office of a railroad.
She stated that when she ascertained
that the goods were deatroyed she went
to call on Judge Brunson with her
mother, to see what the company would
do in the matter. He waa polite and
told her to make out a list, with a low
valuation, and the company would set
tle. She made out the list and sent it
to him. When she went again Judge
Brunson waa cross, said he would pay
nothing, and that if she wanted any
thing she could sue for it.
She went over the list of goods
article by article, and stated that she
had priced such things in this city, and
tbe valuation in tbe schedule was very,
very low. The articles consisted of
handsome parlor eete of furniture, lace
and silk curtaina, paintings, plaques,
fine bedding, pillows, fine lacee, and a
thouaand and one articles, all claimed
to be auperlatively elegant and coßtly.
It was when Judge Brunson began bis
cross-examination that tbe tilt described
above began. After giving up the dis
covery of Mrs. Cicotte'a age, the attor
ney turned hia attention to other mat
ters. He asked the witness when she
was married, and she told bim in Au
gust, 1886. She said she waa up and
down the coast from that time and be
fore her marriage to Mr. E. V. Cicotte,
until she went to Chicago, the next
spring.
"What waa your husband's business
then, madam?" solemnly usked Judge
Brunson.
"He was traveling auditor of the Santa
Fe railroad, sir."
"When did he leave the road ?"
"He was discharged, air, because he
waa a witneea in thia case before,"
quickly replied Mra. Cicotte, ecoring a
telling hit.
"Ia he not now in the employ of the
company?"
"Yes, air; but not through the influ
ence of officiate."
"Speaking about these plush plaques,"
said Judge Bruneon, abruptly changing
the subject, "do you know how much
the raw material in them costa?"
"No, air," said tbe witneas, demurely,
"but it was my work on ttein that
made their value."
"How much do you think your work
is worth?" queried the attorney.
"Well, sir, it ie hard to Bay," smiling,
"but if Ben Franklin'a estimate that
time ia money ia correct, I should say
$3 a minute."
An co the examination went on. In
vain did the attorney attempt to mix
the witness up on railroad matters con
nected with way billa and the like. She
waa as alert aa the attorney, and well
posted on all the minute details of a
freight office. She aleo claimed that
$10,000 would hardly cover the loaa
of the goods destroyed by fire, among
them being things that could never be
| replaced. At the conclusion of the
cross-examination the plaintiff rested,
and the case waa continued until next
Monday, when tbe defense will begin
the introduction of testimony.
CHARGED WITH PERJURY.
A Sensational Complaint Filed Against
Wm. Sholderer.
A short time ago Wm. Sholderer, who
has been engaged in the butchering
business in this city for a long time,
filed a petition in the superior court in
insolvency, and yesterday morning a
sensational complaint was filed againat
him in Justice Stanton'a court, charging
bim with perjury in connection with hiß
petition in insolvency. The complaint
ia sworn to by Cbarlea Gassen.
It aeta forth that Mr. Sholderer, June
7th last, took oath before A. C. Broder
eon, a notary public, aa to his petition
and schedules in insolvency, vouching
for their correctness. He swore that
the petition, schedules and inventory,
"A," "B," and valuation, "C," were
correct, containing a full, perfect, and
true discovery of all bis estate; all
debts owing to him. and to become due.
In it he declared that he had no lands,
money, stock or estate, except as set
forth in the documents mentioned.
The complaint then charges the de
fendant with having made a faUe oath ;
that he omitted and concealed a large
amount of property, consisting of
horßea, notes due him and to become
due, money on deposit in bank and else
where, debts due and contracta, and
therefore asks for hia arrest on the
charge of perjury. A warrant was ia
sued on the complaint and placed in the
hands of an officer, when it waa ascer
tained that Sholderer had gone to San
Francisco, where he will probably be
arrested.
COUNTERFEIT SILVER DOLLARS.
James Murphy Now on Trial in he
United States Court.
Yesterday afternoon a jury waa par
tially empanelled in the United .States
district court for the trial of James H.
Murphy upon a charge of passing coun
terfeit money, November 26, 1891, at
Fresno Flats, in Fresno county. The
defendant waa indicted by a former
grand jury, and has been in jail await
ing his trial for several months. He
was in Fresno Flats on the day men
tioned, and waa haunting ceveral sa
loons, buying drinke for himself and
otnera, paying in silver dollars, which
were afterward found to be counterfeit.
Upon hia preliminary examination be
fore United Statea Commissioner Van
Dyke, Murphy insisted upon making a
statement. He had no counsel, and
Diatrict Attorney Allen advised him not
to do ao, but he insisted, and aaid,
amongst other things, that be had been
spending money that day. He then un
dertook to account for the money he
bad, saying that he had been at work
and brought $20|in with him to "blow
in," but none of it that he knew waa
counterfeit. He admitted having told
one man that be might have made one
of the counterfeit dollars which was de
tected, but aaid this assertion waa mere
ly a pleasantry. The government be
lieves it has a Btrong case against Mur
phy. The taking of testimony will be
gin this morning.
Court Notes.
The $50,000 damage suit of Mrs.
Lafferty va. the Southern Pacific com
pany, for the death of her eon. who waa
killed in an accident on the road, came
to an end yesterday morning in the
United States district court. The jury
waa out two houra and a half, and re
turned a verdict in favor of the plaintiff,
assessing the damages at $5000.
The Ah Wai perjury caae waa con
tinued by Judge Smith to be reset for
trial.
C. D. Hall, an insane man suffering
from acute mania, waa yesterday com
mitted to tbe asylum at Napa, by Judge
Smitb. Hall labors under tbe deluaion
that there ia a conspiracy against him,
and has betrayed eymptoma of insanity
for some time past.
Judge Van Dyke referred the case of
Sormano va. Tononi to the court com
missioner to take testimony.
Judge Van Dyke rendered judgment
for the plaintiff in two forecloeure cases
which bad been consolidated, of Mc-
Connell va. Wood et al. The amount of
the judgment waa for $755.65 in one
caae, and $1544.74 in tbe other.
The auit of tbe San Jose Hunch com
pany va. the Azusa Water Ditch and
Irrigating company, to declare null and
void the eale of certain stock by tbe de
fendant company, was argued before
Judge McKinley and submitted.
John Duerr, a native of Germany,
waa admitted to citizenahip by Judge
Shaw.
Judgment for the defendant waa ren
dered by Judge Shaw in the caae of
Sepulveda vs. Bentley et als., a auit for
$80 aa nurse's wages.
The caae of Frink va. the Farmera'
and Merchants' bank, was tried before
Judge Shaw and taken under advise
ment. It ia a auit in which the plaintiff
deniea having given the defendant au
thority to pay a note given to a man
named Norton for $4075, and wiahea to
secure a ruling that the bank bad no
authority to do ao.
Divorce proceedings have been begun
by Mrs. Mattie C. Dodson vs. S. S. Dod
eon.
The examination of "Major" Twine
for threatening to kill his wife was con
tinued by Justice Stanton for two weeks.
He reduced the bail of the defendant to
$500, but he could not give it and re
turned to jail.
New Suits Filed.
Among the documents filed in the
county clerk's office yesterday were the
following:
A. J. Reitbmuller began suit against
D. and Francis Garcia to recover judg
ment for $342 50, for goodaand merchan
dise sold to the defendants, and which
have not been paid for by them.
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w - ' PRITCHARD, M. D.,
A WaT 165 North Spring: Street, Los Angeles.
X qjtftfj Office Hours, 12 to 4 p.m. Telephone 159.
MAHKOOO RESTORED Imw? o^.
]H * en arnarantee to ci:re sit nervous diseases, such as Weak Memory,
wsr Si ?F fl Ik>ss of Brain Power, neadache. Wakefulness, Lost Manhood, Nightly Bmis«
f 3rL Ni Bions, Nervousnesß. Lassitude,alldralns and lossof power of the Generative
,tni " \ Organs in either sex caused by over exertion, youthful errors, or exeeßsive
Mlv jK use of tobacco, opium or stimulants which soon lead to Infirmity. Conßump-
ViJBHw-fSf^w^HkT' '™Js^\ tion and Insanity. l J ut up convenient to carry in vest pocket. 9\ per pacx*
JK<*l"'* ,, °« JBl ' age by mail; 6 for $5. With every $r, order we give a written guarantee to curt
ssroßE and after using. or rcj'und tne iii'iucu Circular free. Address Nerve Seed Co., Chicago, uw
For sale In Los Angeles, Cal., by GODFREY & MOORE, Uruggists, 108 South Spring St.
SUFFERERS
FROM
Lost or Failing Manhood,
Nervous Debility,
Self-Abuse,
Night Emissions,
Decay of the Sexual Organs,
Or Seminal Weakness,
Can be QUICKLY AND PERMANENTLY
CORED by
Dr. Steinhart's
ESSENCE OF LIFE.
Which U a combination ol tbe well
known Sir Astley Cooper's Vital Re
storative with other ingredients. It
was establiihed in Son Francisco in
1875, and is the oldest remedy of itß
kind on the Pacific Coast, and is guar
anteed to contain no mercury. Will
cure when all other remedies fafl. You
can call or write. All communications
strictly confidential, and medicine sent
under a private name, if preferred.
Price, $2 Per Bottle; or 6 Bot
tles for $10.
Fil's same price per box. Call on or write to
DR. STEIN HART, Rooms 12 and 13, :s;i I.. S.
Spring Btreet. Los Angeles, Cal.
t-'pecial and Infallible specifics prepare! for
all private diseases. Office hours from 9 a.m. I
to 3 p.m , and from (j to 8; Snndayß from 10 to
12.
Instrumental treatment of strictures and all
kinda of turgical work done by competent sur
geons.
—— EsTAßLlbHfln 1886.
FID Pni Vl WQ OPTHALMIC OPTICIAN,
UK. UULLnNO With the Los Angeles Optical
Institute, 125 Sonth Spring Btreet, Los Angeles
Eyes examined frees. Artificial eyes inserted.
Lenses ground to order on premises. Occulists'
prescriptions correctly filled. 6 8 6m
will sell on Install
mania.
481 SOUTH BPEINQ BTKBBT,
Between Fourth and Fifth Btreet*.
Telephone 084. P. O. box 1081. 7-21-ti
FLIES DIE
WHEN
B."
INSECX POWDER
IS USED.—
Bold in 2 oz. sprinkle-top tin!, y x lb, % lb, 1 lb
and 6 lb cans.
At all druggists and grocers.
MOTHS
Quickly destroyed and easily prevented
by using
TARINE.
—
SOI-D IN CANS ONLY.
Mtf" At all drug stores.
F. VT. BRACK & Co.,
6-22 lyr Wholesale Agents.
TO THE UNFORTUNATE.
S Dr. Gibbon's
623 Kearney St.,
MflL jHfc,-?jHRS, Corner of Commercial,
v.Vfef ISawlSwS San Francisco, Cal. Ks-
•^ 1 Jr. 1854, for
*k NsMH|SSra^M : trea- ment of Sexual and
Seminal Diseases, such
1,9 Gonorrhea, Gleet,
Stricture, Syphiltls in
v all Its forms Seminal
Weakness, Impotency and Lost Manhood per
manently cured. The sick and afflicted should
not fail to call upon him. The Doctor has trav
eled extensively in Europe and inspected thor
| oughly the various hospitals there, obtaining a
great deal of valuable information, which he is
competent to impart to those in need of his
services. The Doctor cures where others fail.
Try him. DR. GIBBON will make no charge
unless he effects a cure. Persons at a distance
CURED AT HOME. All communications
strictly confidential. Al? letters answered in
plain envelopes.
Call or write Address DR. .T P GIBBON, Bo»
1,957, San Francisco, Cal.
Mention Los Angelea Herai 12-17 12m
Weak Men ana Women
OHOULD USE DAHIAHA BITTEItH.
" the Great Mexican Remedy; gives Health
and Strength to the Sexual Organs.
3