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"KID" ON TRIAL His Battle for Life Has Begun CROWDED COURT ROOM The Slory of the Trnin Robbery Told Again HIS COWBOY FRIEND APPEARS A POMONA MAN WHO JUMPED AT A CONCLUSION McKeeby's Suit Against the City Sub mitted— Rev. Johnson's New- Case—Court Calendar Judge Smith's court room was crowded to overflowing when the bailiff rapped for order yesterday morning. Necks were craned and pooplc tiptoed to get a look at the notorious "Kid" Thompson, once condemned to be hanged for wreck ing a train at Roscoe station on the 15th of February. 1894, In which two men were killed. Thompson himself was very much con cerned In all that was going on and took the keenest interest In the proceedings. Before the court was called to order he spent the time chatting pleasantly with bis attorneys and a few friends who had stepped inside the railing to speak to him. He had n "ort and asmtle few- other acquaintances as they put in an appear ance. When Con Mallory, the deteetlve for the district attorney's office, who has devoted a great deal of time to working up the case against "Kid," came in, the latter Jumped up and grasped him warmly by the hand, as th ugh he were an Intimate friend. Thompson was neatly dressed and wore a blue cutaway coat and vest and a pair of light trousers. He took a seat be tween his attorneys, J. Noonan Phil lips and Bernard F. Mills, and talked with them constantly during the selec tion of the jury. Alvn Johnson has not yet arrived from Pan Quentln. but is expected this morn ing. His testimony will go a long way toward deciding the "Kid's" fate. Young Col. Tuper, the friend of "Kid." who was taken with him by the cowboys In Arizona, and who Staler says accom panied them to get the money in Tempe, Ariz., put in an appearance at the sher iffs office yesterday morning and was rerved with a subpoena as a witness for the defense. The arrival of Tuper was very pleasing tn "Kid." His testimony wlll be used to Impeach the statements , which Etzler will make for the prosecu tion. Chief Crowley, at the head of the de tective department of the Southern Pa cific, accompanied by Detective Miles Bowler of the local department of that company, was also present. A number of woman from one of the Holiness bands in tho city, who are friends of the "Kid," occupied seats in the room. In the examination of the Jurors Judge Phillips was very particular to Inquire what influence the fact that Thomp rn had once before been convicted and sentenced to hang would have upon them. The jury bad all been completed by 4 oclock and the "Kid's" battle for life began In earnest. District Attorney Donnel and Deputy McComas are con ducting the prosecution. The first witness placed upon the stand was Conductor J. H. Odell, who had charge nf the train nt the time It was hold up at Roscoe. He went over the in cidents of the robbery In detail, telling of the open switch into which the trair was run and the wricking of the cars. Then nf the appearance of two masked men who covered him with their guns and sent him to the rear of the train, and afterward nf the explosion of the bomb which shattered the door of the express car. There was nothing new whatever brought nut In Odell's testi mony, and It was the same story as told by him at the former trial. Fireman La Grange, who wns on the engine the night the train wns wrecked, also testified. He said that as soon as lie was able to get out after the train ■topped he was covered by revolvers in the hands of two masked men. The moon shone and he was able to see the outline of the men before him <iulte plainly. Both wore masks. One hud on a slouch hat und both wore long over coats. He was unable to identify the prisoner as either of the robbers, and I stated that In the excitement he had not noted the appi arance of the men very closely. La Grange repeated the story of the hold-up. taking particular pains to make no reference to th< di ath of Fireman Me . Masters. Ho t< Id how the door of the express car was blown open and after, the bags of silver bad bo< n secured by the rubbers he was turn d to can y (hi m a quarter of a milt- to wtv n an am of horses and a wagon were waiting His niir.il seemed very eh ar on .-,11 points of the hold-up. and ho answered the questions put to him readily. At the conclusion of his testimony the case was continued over until this morning. ANOTHER LIBEL SUIT Bey. Johnson Undismayed by His Defent in Court The defeat of the Rev. Johnson in the libel suit against the Fresno Repuhllcar. has not by any means taken. Ihe starch out of the revivalist, fur yesterday I: aerenely appeared again in the federal courts. This time the complaint flic! Cites Rev. I. T. Johnson as plaintiff and A. B. Butler and Hugh Hum. of thr Fresno Evening Expositor as defend ants. The charge is similar to that of the case Just decided against Itcv. Johnson, touching his assertions about the char acters of the young girls of Fresno. Th* morning was occupied in impaneling a Jury, which was not completed before 2 p. m. The plaintiff wus represented by G. E. Church and W. E. Tupper, the defendants by Walter J. Trask. The rase was opened by Mr. Tupper, who asserted that on March Mth, 1896, and at other dates, the defendants, own ers and publishers at a newspaper called the Dally Evening Expositor, made the most sweeping assaults upon the char acter of Rev, I T. Johnson, the plaintiff, for which he prays Judgment for $25,000. Counsel for plaintiff then said he would show the character of his client was above reproach, and went over the same ground as that covered In the prevloui suit. He then read the articles which had appeared In the Evening Expositor, which, he said, were of libelous charac ter. The following Is an extract from one of them, which was in an editorial of March 26th: "He has committed an outrage on the people of Frerno. Every family has been foully slandered, and the Christian church to which he professes to belong has suffered to an extent that should call forth the deepest sympathies of the good citizens of Fresno everywhere. His sweeping assault upon the virtue nf the children and the moral status- nf the public schools nf Fresno has created a feeling of Indignation that nnthing but the most sublime charity can suppress. The fathers and mothers are Insulted, and every citizen Is filled with a spirit of resentment, as he should be. against the moral leper; his presence in this city can be dispensed with, and he may be fortunate if he shnuld get away without damage to his person." Other articles were read, showing what counsel termed the malice of the publica ti .ns. After this, the plaintiff was put upnn the witness stand nnd was cross examined by W. J. Trask. Rev. John son was on the stand until the hour of adjournment, but nothing new was elicited. Further hearing will be given the case this mnrning. ACTEDRASHLY A Man Had His Neighbor Arrested Without Cause A sago once remarked that the wisest word is often tho one which is left un said and the wisest action the one which Is left undone. This saying was brought forcibly to mind in Judge York's court yesterday morning during the course of a trial in which Henry Rott was suing Clarence T-op for damages nn the ground nf malicious arrest and prosecution. Both parties live at Pomona. About a year ago Lee was one day near Rott's house when ho heard a disturbance in side. He took a hasty glance through a window and thought he saw Rott strike his wife In the face. He did not remain to investigate the jiatter, but in his overzcalousness rushed off to a Justice of the peace and had a complaint Issued against Rott, who was arrested and subsequently tried before Justice Barnes at Pomona. At the trial It developed that Mrs. Rott Is Insane and often becomes violent. At such times It requires force tn manage her. In this particular instance It ap pears that Rntt was only trying to pre vent his wife from injuring herself. The case was dismissed and the defendant was fully exonerated from all blame The matter was published in the local paper* at the time and gained for the family considerable undesirable notoriety. Rott then brought suit in the superior court against Lee for $4100 damages al leged tn have been sustained thrnugh ma licinus arrest and prosecution. The case w as heard in Judge York's court yester day morning, and the facts elicited were as given above. In rendering his decision Judge York said that he did not think there was suf ficient evidence of malice on the part of Lee to find for the.plalntiff. He had been overzealous and in not making an in vestigation had acted without any dis cretion in the matter. There could be no doubt that he had injured Rott In having him unjustly arrested, yet It did not seem that he had acted malicinusly. A decision was rendered in favor of the defendant. SUIT OVER A CREMATORY An Assigned Claim Against Ramish & Marsh A crematory was tho subject nf a le gal controversy In Judge Clarke's court yesterday. The action was brought by W. H. Holmes against the firm of Ra mish & Marsh to recover $1111 on an as signed claim purchased Of the Dixon Sanitary Crematory company of Find lay, O. It seems that several months agn Ra mish & Marsh entered Into a contract with the crematory company to act as their exclusive agents In this state. They were to erect crematories under the spe cial direction in c very case of an expert to be sent out from headquarters at Findlay, 0., and were to pay v royalty of $1000 nn every one sold besides de fraying all the traveling and other ex penses of the Inspector who should be sent to superintend the work. Not long agn one nf these crematories was erected in this city but did not work satisfactorily, and Ttamish & Marsh lost 82400 on th mtract price, which they claim was deducted on account of cer tain guarantees which they were au thorized by the company to make. When they came to settle up the agents insist ed upon holding back the amount so lost. The company then assigned tho claim to Holmes, who has brought suit to re rover the amount alleged to be still due. The caw was not finished yesterday and will be taken up again today. COURT CALENDAR To Be Called in the Various Depart ments Today DEPARTMENT ONE—Judge Smith: (1696) W, H. Thumps n, train wreck ing; on trial. (28,056) William O. X efe, assault tn oommtl murder; arraignment* DEPARTMENT TWO—Judge Clark: (23,7t::i Bewley vs. Etcherverrlgary; trial. (26.441) Insolvency of Thomas Under ion; petition for discharge of in solventi c. (N. P, 1888) Estate of Rosellna Pitts, dee, as, d-. probate Of Will. (N. P. 1304) Estate of Charles Jacoby, deeoa*vd; final accounting and dis tribution. (12,804) Estate of S. L. Cuttlo, deceas ed; final accounting of administrator. (16.424 1 EJetate of F. Ronoan. deceased; final accounting and distribution. (17,311) Estate of Alexander Gibson, deceased; final accounting and dis tribution. (10,152) Estate of Mary A. Urennan, deceased; final accounting. <N. P. 2000.1 Estate and guardianship of J. E. Howard, Insane; letters of guardlanahlp. DEPARTMENT THREE—Judge York: Nothing set. DEPARTMENT FOLK—Judge Va:i Dyke: LOS ANGELES HERALD: WEDNESDAY MORNING, APRIL U, 1897 i (27,015) Charles W. Davis vs. Charles A. Davis. DEPARTMENT FlVE—Judge Shaw: (27.260) German-American Savings bank vs. Knblnson; trial. 1 DEPARTMENT SIX —Judge Allen: (21.407) Riley vs. Smith et al.; trial. (27,840) Hlnman vs. Oak; trial. CIRCI'IT COURT—Justice Young: Warner vs. Handorf; trial, t Tretjen vs. Johnson et al; trial. I Holmes vs. Ablla. Southern California Music company I vs. Biggins; trial. Pratt vs. Frailer; supplemental pro ceedings. Clark vs. Sanchez. Supreme Court in Bane Crlm. 145 The People, etc., vs. Cohen. I Cilm. 206 The People, etc., vs. Wong Chuey. Crlm. 2.10 The people vs. Marshall. Crlm. 232 The People, etc., vs. Van Horn. Crlm. 242 The People, etc., vs. Alexan der. Crlm. 244 The People, etc., vs. Hubert. LA. 184 Pierce vs. S. P. Co. Set for Tomorrow DEPARTMENT ONE—Judge Smith: (1696) W. H. Thompson, train wreck ing; trial. DEPARTMENT THREE —Judge York: Nothing set. DEPARTMENT FOUR—Judge Van Dyke: (27,349) Reynervs. Elton etal.; trial. DEPARTMENT FlVE—Judge Shaw: (26,890) Smith vs. Jordan; trial. DEPARTMENT SlX—Judge Allen: (24.909) Tedford vs. Ijos Angeles Elec tric company; trial. DEPARTMENT TWO-«-.Tudge Clark: (26.332: 26.859; 26.860; 26,875) Carry vs. Meeker et al.; trial. (N. P. 1143) Estate of Charles Hassan, deceased; certificate of sale of real estate. (N. P. 1998) Estate and guardianship of Louise Trufelll et al., minors; let ters of guardianship. CIRCUIT COURT—Justice Young: Norman vs. Stimson; trial. Raphael vs. Samlsh; trial. Everett vs. Woodward; trial. Mason vs. Newlin; demurrer. Dovell vs. Stork; trial. People vs. Mayor, felony; examination. Supreme Cnurt Department One — Crim. 194 The People, etc., vs, Pearne, Jr. Crim. 222 The People, etc., vs. Gomez. Crlm. 22S The People, etc., vs. Kulman. Crlm. 231 The People, etc., vs. Wong Sam. Crlm. 234 Tho People, etc., vs. Arnold. Crim. 236 The People, etc., vs. Baldwin. Crim. 237 The People, etc., vs. Laplque. Trim. 239 The People, etc., vs. McElroy. Crim. 246 The People, etc., vs. Ah Norn Wing Song. Crlm. 269 People vs. Kramer. Department Two — L. A. 136 Robinson vs. Dougherty. L. A. 228 Sullivan et al. vs. Lumsden ( et al. L. A. 327 Estate of Olmstead. deceased. L. A. 345 Estate of Marshall, deceased. L. A. 225 Niosl vs. Empire Steam Laun dry et al. i L. A. 227 Ward, administrators.Crane et al. L. A. 230 Haas et al. vs. Mutual Relief Association of Petaluma. L. A. 235 Dennis et al. vs. Bint et al. L. A. 239 Ehlers vs. Wannack Brothers. New" Suits Filed The following list of complaints in now suits was filed yesterday in the su perior court: M. K. Harris vs. Will W. Beach et al.— A suit to foreclose a mortgage of $802 on 26 lots In block 4 of East Claremont, 10 acres In section 1, township 3, Riverside county, and 20 acres of section 11, town ship 4. In orange county. H. Raphael & Co., vs. Julia H. Brown et al. —A suit to foreclose a meehanic'3 lien for $42 due nn building material fur nished to the defendants. The C. H. Brown Banking company et al., vs. William H. Avery et al.—A suit to compel the defendants to turn over to the plaintiffs 10 acres of land situated in the Los Feliz rancho, which, It is claimed, was purchased by them for the plaintiffs while acting as their agents. Burnett Swanson and Ella Swanson vs. the Rex Oil company et al. —A suit to recover $120 due for the lease of the tract of land known as lot 13, block A, In the J. W. Ellis subdivision, and for the restitution of the premises. James C. Horgan vs. John P. Klarqulst et al.—A suit to foroclnse a mortgage of $1600 on lot 127 of the West End Terrace tract, and for decree of s-ale. Mrs. D. Bastaushbury vs. G. H. Met- Z er—.\ pult to recover $75 due on a lease and tho restitution of the premises, con : sifting of the second floor of the Rast ■ au»hbury block, having an entrance at , 2041 Commercial street. William T. Holmes et at. vs. William i Stevenson et al. —A suit tn foreclose a mortgage of $1878 and for a decree of sale ! !of fnur notes in E. Turner's subdivision In Pasadena. Lena Bucklew and C. V. Bucklcw vs. j Lizzie Krabbenhaft—A suit to recover $:::,o nn a chattel mortgage of furniture and for a decree of sale. Divorce Suits Judge Allen yesterday listened to the j evidence in the divorce proceedings in stitute,] by Mrs. Rosa J. A they against her husband, William O. Athey. Tho grounds upon which the suit was brought was extreme cruelty. The mat i tor wasttarnk m under advisement until ! April 26. I The evidence In the divorce suit of 1 Lottie D. Robblne against J. H. Rnb- I bills was also hoard by Judge Allen. The i plaintiff wanted a divorce on tho grnund that her husband tva? a habitual drunk j Judge York granted Mrs. Louisa Johnson n decree divorcing her from L. ' ' ,T. Johnson on the ground of extreme Supreme Court Proceedings ] The supreme court met at 10 oclnck yesterday morning, and the day was : ! devoted to the examination of applicants i for admission to practice law In the state ' ! court a. The following is a list of the j successful applicants: John A. Good rich, A. J. McCormlck, J. M. Kinley, Thomas F. Keere. Ralph E. Surng. Wal ter S. Leeds. Clarke W. Me-Koe, James H. Poole, Luther G. Brown, Carroll H. Allen, Robert M. Weed, George L. Mc- Kelvey, Samue l H. Gai rott, James John son and Henry L. Williams. McKeeby Case Submitted The puit of L. C. McKeeby against the city of Los Angeles was argued and eub mittod In department four yesterday. This is the case where the city appropri ated a part of a lot for the purpose nf npenlng and widening Cas.telar street north to Rellevue avenue, assessing tha damage at '600. The estate was in proc ess of administration at the time, and now McKeeby thinks that the amount of damages was placed too low. THE WONDERS OF SCIENCE smd HUD Lmirmg TraDonlbDes ©aim Be ©nnredl Coiviactog Free Offer of ami Eminent New York Qty Chemist ami Scientist to leaders of "Tie Herald" (A scene in the Slocum Laboratory. The doctor illustrating tho value and power to cure of his newly discovered remedies to medical men and students.) The fact has been established that the honorable and distinguished chemist, T. A. Slocum, of New York city, has dis covered a reliable and absolute cure for consumption, and all bronchial, throat, lung and chest diseases; catarrhal af fections, stubborn coughs, general de cline and we akness, loss of flesh and all conditions of wasting away; and to make Its great merits known he will send THREE FREE BOTTLES (all different )of his newly discovered reme dies to any afflicted reader of The Her ald, who will write for them. Already his "new scientific system of medicine" has permanently cured thou sands of apparently hopeless cases by Its timely use, and it seems a necessary $?, ?§ I The . \ § ! Dissolution Sale IS i ii 1 !s attracting widespread attention >• - ! gj | among tie people ef Los Angeles. * Men's Fine .Su3ts |j | I j Tie greater values secured by one J t,7££ Sgi & B» f\f\ J j I S is heralded among his or ler many | S. TO .L D : M ?! v .'.'?". s !'f jj | I aid tie frieids come to jj EA | f | reap some of this golden larest J l U' I § |' AH past efforts ii merclaidisiig $ S\ A J!, w^ or c !a Wo S, e [! <tf» O g1 1 I ' dwindle into notliigness compared | d °!J.^ m <^0 1 | | ' with tie extreme values Oat are J R § s occasioned by this Dissolution. I EfSm^^.'.?!!! 1 ?. ?• cvpO'a Jf <xj) | §s 1 Sloes, Mats, Clotting, Furnish- -K»:m *■ | §> "'S aid Srery Otler departlieit Of CMldrdi's Fancy Two-Color Straw Sailor Hats, w Ifj ■ ..«« •« ribbon trimmed, )f/| ILTo <§ lie stare glisten with bargains such ™ d *° nderful * 5 - cent values, 1 (3 as you've never known. Briig L ' (S £3 Men's Straw Hats, A S3 |!| your half dollars ami quarters lere J?4L(C I |S j and let them double and treble. at | 1 Poor Mac's Friend 1 liii 116-118 N. Maim lellman Block I 8 . | and humane duty, therefore, to bring such facts to the attention of all inva lids, that they may be benefited thereby. He considers it his professional duty— a duty which he owes to suffering hu manity—to donate his infallible cure to all afflicted. Chemistry and silence are daily as tonishing the world with new wonders. It is no longer safe to say that anything may not be achieved. The researches and experiments of this great chemist, patiently carried on for years, have cul minated in results as beneficial to hu manity as can be claimed for any mod ern genius or philosopher. The doctor has proved the dreaded consumption to be a curable disease be yond a doubt, in any climate, and has on file in his American and European laboratories thousands of "heartfelt letters of gratitude" from those bene fited and cured In all parts of the world. The medical profession throughout America and Europe are nearly unani mous In the opinion that head, throat, chest and lung troubles lead to consump tion, and consumption, uninterrupted, means speedy and certain death. No one having, or threatened with any danger ous jjlsease should hesitate a day. Sim ply write T. A. Slocum, M. C, 98 Pine street, New York, giving express and postofflce address, and the free medicine will be promptly sent. Every sufferer Should take advantage of this most lib eral proposition. Please tell the doctor that you saw his generous offer in the LOS ANGELES HERALD when writ ling. Dr. Yokmnnra Specialist in the treatment of the mind and nervous system. "X" Ray" used in the diagnosis of all diseases. Office hours, 10 a.m. to 3 p.m.; 5 to 7 p.m. New York Millinery ' ... 3441 S. Spring St. Guarantees latest styles and lowest prices. Madame Clarion \ cJj) Cents Only for 4-piy Linen Collars \ CUT RATE Department store I <v<2y-Cy4Bl unit 433 South Spring Street Terry's Tea Uncolored Japan, per ft '50/* M. and J. Coffee, per ft L 7 311 WEST SECOND 8T mam &sss, I Great Dissolution Sale 1 1 1100,000 worth of Shoes, Men's Cloth- f lag, Hoy's ('lothlng and Mau's Fur iilsliings being sola out at less than *. wholosa'o cost. • v « THE POOR MAN'S FRIEND, % \ » 116-118 N. Main St., Now Hellnian Block. ? DBNTISTRY - Bar J^ m \\Z m^ EASTERN PRICES ■IB Testh Extracted mWw Without rata »R- X b H TtIRNEB Booms 7 and 8 254 8. Brotdwsj) oo -og 0 The Creditor's Sale of the V | Tyler Shoe Co.'s Stock At 137 South Spring Bt, -1 Will Open Wednesday Morning 0 oo- -°° Tie fress Clipping Bireai 205 new high street LOS ANGELES Supplies Business Houses dally with all Infor mation in their line, covering the entire coast. Baker Iron Works 9SO to 960 Buena Vista Street, LOSANGF.I.ES, - - - CALIFORNIA Adjoining B. P. Grounds. Tel. 124 PERRY, MOTT & CO.'S Lnnmlber Ysirdl AND PLANING MILL 136 Commercial Street, Los Angeles, Cal vii nrvm tnr ( DR. WHITEHILL J V>; "- - S >. SI.fTH BROADWAY RUI 1 Ui\L< Guarantees a sate, speedy and permanent cure, without rteteiitlon from business. No knife used; no blood drawn, n» p»y until cured. Consultation Iroe.