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THINGS MIXED Many Contradictions of the Tupper Trial THE STOOL PIGEON METHOD SCOT/TED AND DENIED BY JAIL OB KENNEDY W ■ Kramer, Harris and Jenkins Indulge Mostly in Negatives—The Orig inal Holiness Band Did the sensational trial now In pro gress In Judge Smith's department de pend for its interest upon the personal ity of the defendant, Colonel L. Tupper, and his alleged attempt to convey a loaded pistol inside the jail to "Kid" Thompson, it ia unlikely that the trial could be termed sensational, or that it would attract any more than ordinary attention. But, while Colonel L. Tupper is before the bar of justice to answer the charge preferred against him, Jailer Kennedy is also on trial at the bar of public opin ion, and circumstances have so mould ed themselves as to force hlirt to pose in court under the stigma of having used the "stool pigeon" method of detective tactics to obtain proof of Tupper's wrong doinft. and In so doing Incited to the crime that he, as an officer, is sworn to suppress. Unfortunately, the law officers In very many cities defy the law by supposing every person to whom suspicieius cir cumstances may attach to be guilty un til proved innocent. The. law more just ly says every defendant Is presumed to be Innocent until proved guilty, but that is apparently regarded as an absurd hy?,othesis upon which to work in the ferreting out of crime. And so It ap pears to have been regarded in the working up of the case against Cetlonel L. Tupper. Mystery has enveloped it from beginning to end, and the "sweat" box" and the "voluntary (?) state ments" made by Individuals suspected of complicity have been its distinguish ing features. It is a truism that where there is smoke there must be fire, and equa'.iy true that where contradictory storiesare told by the prosecution, some of the re sponsible officers must be prevaricat ing, to use- the milder term. In the light of the evidence given by the several witnesses yesterday, some of the state ments made previously by responsible officers may without exaggeration be pronounced extraordinary. For in stance, when Henry Scott was arreste~ei. on. April 17th, the day after the allege"! attempt to pass a pistol into the jail, he was not booked at the jail and disap peared as If from the face of the earth until June 9th. On that day he made a so-called voluntary statement to the district attorney and was released on his own recognizance to appear on Juno 25th. At that time Jailer Kennedy re fused to talk, pleading that Sheriff Burr was his superior offle-e r and. that he only obeyed orders. The sheriff gave certain reasons for the way in which Scott had been treated, but at the same time re marked anent Kramer that he had' been acting as "stool pigeon" in the "Kid" Thompson escapade, and reported ev erything that went on to Jailer Ken nedy. CONTRADICTIONS IN FOUNDATION However the method adopted may be decried, there is no reason to suppose Sheriff Burr was not then stating what was absolutely true. He gave the ex planation, of Kramer's participation only upon being pressed to explain why it was that Kramer, who was the trusiy waiter at Kennedy's table, was reinstat ed a few days after he was caught in thi act of passing the pistol to "Kiel" Thompson. The district attorney's office asked Justice Young to let the Scott examina tion go over until the Tupper trial was over, and then, at the last moment al most, had the case against Scott dis missed, he being allowed to depart and his confession (?) consigned- to the limbo of the district attorney's office. La9t week, when certain sensational affidavits were filed by counsel for the defense in. the Tupper case, the district attorney's office seemed somewhat put out at the charges preferred against Jailer Kennedy, and stated that the-true inwardness of the case was as follows: "Kramer had joined with Tupper in an affort to convey a pistol to the 'Kid,' but his courage had. weakened, and he had confessed the, whole scheme to Jail er Kennedy. Mr. Kennedy asked him if he- would stand by his word and per form his part in the scheme and keep him informed of all that went on. Kra mer pledged the utmost fidelity, and did keep the jailer Informed of every move contemplated by the conspirators and was, as per arrangement, caught when In .the act of putting the we apon under neath the pillows on the 'Kid's' cot." There ate many other circumstances which throw a curious side ilght upon this Tupper case, but with the above In mind the testimony given yesterday is very refreshing this hot weather. . Deputy Sheriff A. W. Marsh was the first witness put forward, and he tes tified 'to having had charge of "Kid" Thompson to and\from the Jail, and that the defendants on one or two occasions did' have whispered conversations with him. Almost every day Tupper would be waiting either in the corridor or about the stairs. Witness also stated on cross examina tion that rtheo people besides defendant were permitted to converse with "Kid" Thompson during his passage to and from the Jail. A RECALCITRANT WITNESS Pay Harris, one of the. runaway wit nesses, was next called by the prosecu tion. After the usual preiimlnery ques tion, Mr. McComas inquired: "Are you acquainted with the defend ant?" "I refuse fin answer the question," an swered the witness promptly, and with the coolest kind of assurance. "Answer the question; there is no re fusing about it," said-the court. "Ufiave seen him," then ambiguously answered Harris. "When did you first meet Tupper In relation to 'Kid' Thompson?" "The first time I met him was In tho court room." I "Did the defendant have any conver sation with you about carrying a pistol into the Jail?" "I refuse to answer that question." •'On what ground?" inquired the court. "On the ground that It would tend to incriminate myself." The point was well taken, and Judge Smith asked counsel what he had to say. Attorney Oliver, for the defense, ob tained permission to ask the witness some questions, and quite an interest ing colloquy ensued. "If you did assist in carrying a gun to 'Kid' Thompson," inquired the coun sel, "did you do so as a feigned accom plice?" "I refuse to answer that question," was again the reply. The witness was advised by the court that the question was a proper one. "Well, it might be called that," Harris answered. "If you did so as a pretended accom plice did you Intend that the gun should I reach 'Kid' Thompson?" "So I understood." "Did you understand that It would be Intercepted by the authorities?" "I learned from Kramer to that ef fect." The witness continued to hesitate, ex plaining that he was afraid of hurting his own rights, although he was assured on that point by the court. Mr. McComas Interposed and wanted to know If witness had a conversation with the defendant about carrying a gur, to "Kid" Thompson. Witness replied that he never had such conversation with the defendant, but conceded that he had j received a gun from Harvey Jenkins at ' his (witness - ) room. "I brought the gun up to the jail and ! left it In the water closet," he said. "I ! saw Kramer and he had given me to un | ders?tand that if I brought the gun to j the Jail it would be all right, and when 1 told him what I had done I left the I Jail." (Witness identified the pistol as | that of the defendant.) "Mr. Harris, were you subpoened by i the prosecution in this case?" Inquired Mr. Oliver on cross-examination. "No, sir." "I understand you had a conversation with Kramer?" "Vc3, sir." "What did he say to you?" "He told me to bri.,g a gun and it would be a.l right." "What do you mean by 'all right?' " "That I would get into no trouble." "You undcstond that the jali officers knew about the scheme?" "Yes, sir." ♦ , "Tell us all about it," lr.terpr.Pd Judge , Smith. "Kramer told us lhat 'Kid' Thompson ! was supposed to break Jail," said the witness, "and Tupper was to send a gun in; and he asked me to carry a letter to Maggie BroWtl. He told me that 'Kid' Thompsori had told him. and he gave me to understand that I was to pretend I knew- nothing." "Did he say Mr. Kennedy knew about It?" "He told me Mr. Kennedy had said 11 would be all right." "Did you see Mir. Kennedy when you took the gun to the jail?" "I saw him when I was coming out." "Did you not see Mr. Kennedy when you went In, and tell him you had the gun and he said it was' all right?" "I don't remember making that re mark." "Do you remember telling me that ir. my r.fllce?" "I do not." "And if you did, was It true or false?" "It was false." "Do you rc-memtier telling Attorney Theodbre Martin, In his office, that at the jail you met Mr. Kennedy, and that you told him that you had the gun in your ' pocket, but that you didn't want to get into any trouble, and he told you that it would be all right, and your name would not be known?" "I may have had the talk, but what I said about Mr. Kennedy was false." "Do you remember also saying that af ter leaving Kramer, when he suggested the scheme, you met Kennedy and asked him if It was all right, and he said that it was and that they wanted first to in tercept the gun?" "I don't remember saying that to Mr. Martin." "What time did you take the gun Into the Jail?" "I think about 11:30. I told Kramer and he said he would get it out of the closet as soon as possible." "When were you arrested on this charge?" "It was In the evening, at about 5:30, on the night I took the gun In." "Did you see Mr. Kennedy when taken I to the Jail?" "No, sir, I did not." "Where did they put you?" "Upstairs." "In the women's department?" "There was a witness against 'Kid' Thompson there." "When did you firstsee Mr. Kennedy?" "Next morning." "Did you have a conversation?" "Only to speak." "Did you ask him why you were ar rested?" "I knew why I was arrested." "Was it understood that you were to be arrested?" again queried Judge ! Smith. "No, sir; not from what Kramer told jme, and I told Kennedy what Kramer I had said, and he walked away." ! "When you took the gun from Jenkins I to Kramer there was no intention of the I gun's reaching 'Kid' Thompson, was there?" "No, sir." "How long were you confined In the jail?" "One night and a day." "At whose Instance were you liber ated?" "I don't know," with a sarcastic smile. "Under any bonds?" "No, sir." "By efforts on your part?" "Yes, sir; by telling Mr. Kennedy what we had heard from Kramer." Mr. McComas here again interposed. "I know how they got out," he remarked. "They were released on my order." "Were you fed the prisoners' fare?" resumed counsel. "Yes, sir." i "After you made the kick what kind of fare did you have?" "The Eame." "Did you testify at the preliminary ex amination?" "No. sir; I was arrested on the same charge." "Weren't you asked to testify?" "No. sir." "Didn't you have a conversation with Mr. James in which you told him if you were forced to testify you would give the whole thing away?" "No; I didn't have any conversation with him. but I did say I'd give away all I knew about what Kramer had told me." SECOND RUNAWAY TESTIFIES Harvey Jenkins, the other absconding witness, next took the stand, and upon being taken in hand by Mr. McComas LOS ANGELES HERALD: TUESDAY MORNING, JULY 20, 1897 acted much the same a* his chum had done. "You are acquainted with the defend ant?" Inquired counsel. "I refuse to answer," was the parrot like answer. "Do you know this man?" sternly in quired Judge Smith. "Yes, sir," meekly answered the wit ness. "Do you remember when you first saw the defendant?" asked counsel, resum ing his examination. "I refuse to answer that question on the ground that I may Incriminate my self, as I was arrested on the same charge as the defendant, and have had no notice of dismissal." The witness was assured that his case had been dismissed long ago and that he was safe from prosecution. He then an swered. "I don't remember the date," he said. "Did you have any conversation, or any transaction, with regard to passing a pistcj in to 'Kid?' Thompson, and if so tell the jury about It." Witness demurred until he was as sured beyond all peradventure that his valuable person was safe from interfer ence, at least in connection with this case. But he still hesitated, and the de tense took him in hand. "Mr. Jenkins." inquired Attorney Oli ver, "If you did assist the defendant to carry a gun into the Jail, did you do so as a pretended accomplice or not?" Witness objected again to answer, and the court had to assure him that he might safely do so. "I guess I was a feigned accomplice." That being settled, Mr. McComas re sumed his examination. In answer to the Interrogatory witness stated that Harris spoke to him and told him that he had met with an accident and had business with Kramer but could not go to the Jail. "I went for him," said the i witness, "and saw Kramer, and he told ime he was going to get a gun to 'Kid' i Thompson and asked me if I'd see Tup per. I said I didn't want to be Impli cated, and he assured me that it was all right. Next day I went to the Wiley house and had a conversation with Mag gie Brown. I asked her if she had some thing for 'Kid' Thompson and she said no, but that Tapper had, and she made jan appointment for the next night. Next j night I met the defendant, and he told me he didn't want me to take the gun In until next day, as only three cart i ridges were In It. Next day he gave me j 5 Ocents to buy cartridges. I didn't want to take the gun into the jail myself, so I gave-It back to Harris." (Witness iden tified the pistol. | Witness could Jiot remember what !cartridges he bought, but to (he best of his knowledge those offered In evi dence were the ones he purchased. "You had a conversation with Kramer before you saw Tupper?" Inquired Sir. Oliver on the cross examination. "Yes, sir; about a couple of days be fore." "Just repeat that conversation." "He said he was going to get a gun into the jail for the 'Kid,' and in the ab sence of Harris wanted me to help him He said it was all right." "What did you understand him to mean?" queried Judge Smith, interpos ing at this point. "That I wouldn't get Into trouble." "Did you imagine the gun was to go to 'Kid' Thompson or not?" resumed Mr Oliver. "I thought it was to go to 'Kid' Thomp son." "Then am I to understand that you attempeted to get a gun to' Kid' Thomp son actually?" "No. Kramer said, 'Kennedy Is all right.' " "Then, as a matter of fact, you didn't understand that the gun was to reach the 'Kid?' " "I didn't know only what Kramer said. From what he said about Kennedy being all right, I didn't give the matter much thought. Kramer gave me to under stand that Kennedy knew al labout it. and I was guided by that, for I had no object in getting a gun to 'Kid' Thomp son." "Did you have any conversation with Kennedy at all?" "No, sir." "Any conversation about your part in the transaction?" "No, sir." "Immediately after seelnc Kramer, when the gun was passed in, didn't you have a conversation with Kerfnerty about what you had done?" "No, sir." Witness proceeded to say he was ar rested on Spring street, and was not awakened in bed at midnight. Jailer Kennedy was present when witness was taken to the jail, but he didn't have any thing to say, and witness was taken up stairs and put In the cell. He didn't re member having a conversation with Kennedy next day or at any other time. On the next afternoon witness was re leased. He didn't know how it came about, but he was just turned loose. "When did you leave Los Angeles, prior to this trial?" "On Wednesday, I think, about S o'clock, and we went to Santa Monica." "Were you at the jail about 6 o'clock or, Wednesday night?" "No, sir." "Where did you stay at Santa Mon ica?" "At the Hilton. We engaged rooms for four or five days." "Where did you stay on Thursday night?" "I don't know the name of the house." "Was it in Santa Monica proper?" "Yes, sir." "Did you see Kennedy in Santa Mon ica?" "No, sir." "What direction was the place you stopped at from the Hilton?" "Just around the corner." "You didn't sleep In a barn then?" "No. sir. I stayed In a lodging house." "And on Friday?" "We walked up to the canyon." "Did you see Kennedy there on Thurs day?" "No, sir. When I returned from the head of the canyon In the afternoon I heard he had been there." "You didn't stay in the canyon all night." "No, sir." "When did you see Mr. Mills?" "About half an hour after we got back." "What did you do when you saw him'?" ■a ran through a saloon and up against a board fence." "He cornered you there?" "Yes, sir." "Where did you go then?" "We went down on the beach." "Did Mr. Mills tell you that there was a bench warrant out for you?" "Yes, sir. He asked me why I hadn't come to the trial and I said that I hadn't been subpoenaed, and that if he had one one him he could serve it and I would go. We got to Santa Monica at sundown. We saw Kennedy across the street Standing on the curb. I heard Mr. Mills call to Kennedy, but I didn't hear what conversation took place." "Didn't you hear Mr. Kennedy refuse to come across l ?" "No, sir. I saw a friend and I ran across the street to talk to him." "Didn't you hear Mr. Mills tell Mr Kennedy that he was an officer of the law, and he called upon him to look af ktr the prisoners?" "No, sir; I had' reached the middle cf Ihe street before anything was said, and when I returned Mr. Kennedy put his hand upon me and said he wanted me to come along." "Did Mr. Kennedy tell you he had been looking for you?" "I don't remember, but he said he had been, down to the canyon." "He told you that in the presence of Mr. Mills?" "I don't know whether It was or not." "Well, you were never away from the presence of Mr. Mills, were you?" "No, sir." "Did Mr. Kennedy place you under ar rest?" "I don't know. I was joking, and said: 'I guess I'll go up the street,' and he said, 'No, I guess you won't.' In the Palace Deputy Sheriff White served me with a bench warrant and I was brought back to the city and taken to the county jail. I was put In one of the rooms in the front part of the jail and had supper." "Did you have a conversation with Mr. Kennedy then?" "Yes, sir." "And what did he pay?" "I asked him If it wouldn't be possi ble to have a deputy take us somewhere outside to sleep." "And that's all?" , "Yes, sir." "He didn't say anything regarding your testimony, or what you should tes tify to?" | "No, sir." "Did Harris share the same room with | you?" "Yes, sir." "And you both agreed not to testify?" "We both agreed to avoid testifying if possible." "Is it not a fact that you took supper and slept at the St. Elmo hotel?" "We did not have supper there but we did sleep there." "Did you come over to the Jail next morning before coming Into court?" "I think we did." "Do you remember having a conversa tion with me In my office, Harris bein;l present, to the effect that you had seen Kennedy before you got the? pistol ard ho told you it would be all right; that all he wanted was to intercept the pistol?" "I do 1*11." "Did you have a conversation that day with mo at all?" "Ye-s, sir." "Give the substance of It." "I told you I had been arrested, and the circumstances told tome by Kramer, and asked ynu whether I could not get out of testifying; ami you told mc that I wouldn't have to If I didn't want." That ended the testimony of these two curiously constituted witnesses. Their testimony was of the negative order throughout. KRAMER'S LITTLE PIECE W. E. Kramer, a very smooth appear ing young man, next spoke his little piece and spoke it very well. He said the first time he saw the, defendant was in the corridor of the jail about a week be fore the "Kid's" trial. He had come to see the "Kd." "After my visit," said the witness, "the Kid made a request of me, and in persnt ance of the request I sent word to Harris to go down and see the defendant. I sent a note to Harris at the request of the 'Kid,' asking him to come and see me. For a few moments the 'Kid,' Harris and myself had a conversation, and then Harris went away. It was ar ranged that Martha Brown was to get a 3S-callber gun, but she backed down and didn't get it. Harris, however, did bring a gun and I received it, on Friday, April 16th. Harris showed it to me in his pocket and as an officer was in the cor ridor I told him to put it in the closet. I got it from there and took it in the tanks and was passing it through to 'Kid' Thompson when Mr. Kennedy caught me. There were nine cartridges with the pistol." (Witness identified the pistol and cartridges, handling both very gingerly.) "Did you write any letter for 'Kid' Thompson to the defendant?" asked Mr. ! McComas. "Yes, sir, several." "In relation to the passing of the pis tol?" "Yes-, sir, three or four." "Whom were they to?" "Part to him In Arizona, and part in this city to the care of Maggie Brown." "Did the 'Kid' tell you what he was going to do If he got a gun?" "Yes, sir." "What is your age and business?" be gan counsel for the defense. "I am 24 and was in the Insurance busi ness." "You have been convicted of a felony, I believe?" "Yes, sir." "Did you not write a letter of Intro duction for 'Kid' Thompson to the de fendant?" "No, sir." "When was the pistol brought Into the jail?" "Ir. the afternoon, it might have been as early as the noon hour." "How long was it in your possession until -an attempt was made?" "About fifteen minutes." "So If Harris says he brought It In at IJ-.15 it was about 12:30 the attempt was marie?" "Yes, sir." "How long was It in the watercloset?" "About a minute." "Were yeiu a trusty then?" "Yes, sir." "What were your duties?" "Waiting on Mr. Kenneriy's table." "What did you do there?" "I was in the closet five or ten minutes and put the pistol in my bosom and went to the left and up to the middle tank. I tried to pass the gun through the bars ar.d believe it was about half way through when Mr. Kennedy caught me. He grabbed me by the 6houlder and asked whot I wasdoing. He approached around the opposite side from that which I had approached." "Were you permitted to go up and in spect the tank?" "No, sir, but I had been up five or six times." "What was done with you when you were caught?" "He took me in the office anel took the gun away, and put me in the dungeon. He asked me where I got it and I wouldn't tell him. He brought me up after some hours and put me in the United States cell and later in the female department, and then I told Mr. Kennedy all I'knew about the matter. About a month later I was reinstated." "Haven't you been a trusty or guest of Mr. Kennedy's since that time?" "No, air." "What fare have you had?" "Prisoners' fare, until lately, when I have eaten from Mr. Kennedy's table." "Has Mr. Kennedy talked with you re garding your testimony here?" "No, sir." "Can you recall the conversations you had with Harris before the passing of the gun?" Witness recounted the several facts developed by other witnesses and stat ed that Harris became worried and he assured him that Kennedy knew all about It, and he went away satisfied. Witness also said that he didn't believe Kennedy did know anything about it. anel it was not true that he had been told that his case would be dismissed if he stood firm In giving his testimony for the prosecution. In answer to the interrogatories of Mr. Oliver the witness denied that he. had ever told him anything whatever re garding any promises held out to him. or that Kennedy stated that he had a "pull" with the attorney general. Hav ing said so much, Mr. Kramer was re tired to the sanctity of the county Jail. THE MACHIAVELLI JAILER P. J. Kennedy, the county jailer and deputy sheriff, was the next witness He testified that on April 16 he caught Kramer trying to shove something into the middle tank. He caught him, and found he had a pistol, fully loaded. That was the extent of his testimony on di rect examination. "At the time of the alleged attempt, what were you doing?" Inquired Mr. Oliver on cross examination. "I think it was just after my dinner." "What time do you usually sit down to dinner?" About 12 oclock." "Then if you had dinner later, you did an irregular thing?" "Two or three times a week I may be late." "After dinner what did you do?" "I don't remember what I did Imme diately. Usually I look over some ac counts for ten or fifteen minutes." "That would make it about 12:45, al lowing half an hour for dinner. Then what did you do?" "I went down starls to the office." "And what did you^lo?" "I can't remember." "Can't you form an opinion?" "I cannot; I may possibly have been there fifteen or twenty minutes." "And then?" "I walked out Into the hallway." "How long were you there?" "Two or three, perhaps five minutes. I remember speaking to the officer on the door and another one inside, but I don't remember if he was on duly. He told me he was suspicious of some one visiting Kramer; that he hail gone into the water close t. I told him to be watch ful, and then I saw Hauls come out and leave, and Monaghan told me two or throe minutes after that Kramer had gone into tho closet and after coming out had gone up toward the- tanks. I went into the corridor and went to the left side to try and see Kramer, and re turned to the right and still failing to sec him I went around. From the time- I looked up the left side until I went around the tank was only a few minutes. The tank is fifty-three feet long and about twenty-eight feet wide. "I ordered Kramer put in the dungeon and let him remain there three or four hours. I then went down and he he had consumption, and if I would take him out he would tell me all about it. He did so, and I had him put in the United States tank. He was a witness In the trial and when he was brought back from court I had him put In the women's department to separate him from 'Kid' Thompson. I kept him there until! the feeling against him being ex pressed by the other prisoners should die away." "Is It usual to take back a 9 private trusty one who has betrayed you?" "There is no such thing as a private trusty. Kramer carries the meals to the women's department, the matron and the Jailer. I reinstated him because I told him that I would give him back his job if I found what he told me was true. It took me about a month to find tfiat out." "Do you not keep prisoners longer than a few hours in the dungeon?" "Yes, sir, If they don't apologize or show repentance we may keep a pris oner longer. It's the only means we have of punishing them." "Now, Mr. Kennedy, don't you know, as a matter of fact, that much of what you have said is utterly false?" "If you asked me that question any where else it might create a different feeling, probably." "Do you mean to say that you didn't understand that gun was to come into the Jail?" "Yes, sir." "And you had not an understanding with Kramer that he should be detect ed?" "No, sir; there was no such under standing." "Did you not ask me in the supreme court not to argue the Kramer case; that you had laid it before the district attor ney and Mr. Carter, the deputy attorney general, and that you would have the case dismissed?" "No, sir; I did not." "Did you not tell me that Kramer had done all that he had done at your in stance and request?" "No, sir; I don't believe it occurred." The witness remembered nothing. His mind was a blank regarding everything that would tend to indicate that he had had any understanding with Kramer. He denied advising Harris and Jenkins to clear out of town.but confessed he had gone to Santa Monica on Thursday night to try and see them and Incidentally visit a friend. Next morning he returned to Santa Monica, but took with him neither bench warrant, subpoena or other pro cess of court. At that point the court adjourned until this morning. THE HOLINESS BAND The Original Incorporators Confirmed in Their Property In the suit of the Los Angeles Holiness band vs. J. H. Spiers et al., a second Los Angeles Holiness band, coming in as in tervener, a decision was rendered yes terday by-Judge Shaw. The intervenor band incorporated many years ago, but for divers causes members were expelled until only six teen persons remained. In March of this year twenty-one persons, some ex pelled members, some who had with drawn and one who retained member ship went up to the meeting place and proceeded to elect officers and ousted the band in possession and locked the door. They incorporated as the Los' Angeles Holiness and claimed to be the only real, dyed-in-the-wool, simon-pure brand of that name. They obtained a second deed to the property from S. C. Hubbell and wife on the assumption that by reason of a defect in the original incorporation pa pers the organization as a corporation was void and that no grantee existed capable of taking the grant made by Hubbell and that the title remained with him. In passing upon this Judge Shaw says: "It Is very clear from, what has been said and from the facts disclosed by the evidence that the persons w ho organized the plaintiff corporation and are now directing Us affairs had no other object in view than to usurp the franchises and take possession of the property of the intervenor. and that they adopted the same name the more effectually to carry out their design, and further that if they continue to act under that name it will greatly embarrass and Interfere with the Intervenor In the enjoyment ot its property. Under these circumstances the further use of the corporate name by the usurper should be enjoined. It will be decreed that the intervenors' title to the premises be quieted against the claims of the plaintiff; that the plaintiff, its oflicers and agents be forever en joined from using its present corporate name; that the plaintiff take nothing by its action and that the defendants re cover their costs of suit.' LEE HOP SINQ | Pleads Guilty and Pays a Fine for Opium Smoking A Mongolian named Lee Hop Sing was caught In the act of cooking about three years ago, but he evaded arrest and disappeared. Last week he returned to Los Angeles, was discovered-by Sleuth Putnam, arrested and arraigned, and yesterday In the United States district court he pleaded guilty, was fined $2.1, which he paid cheerfully, anel walked away, possibly to cook some more some other day. Incldentlly it might be re ; marked that the substance which wa;, undergoing a culinary process under the deft and nimble fingers of Lee Hop was opium. New Suits Filed The estate of David Cunningham, a minor—The petition of the father to be appointed guardian. The estate con sists of $000 in cash. The estate of Fidelia E. Shaw, de ceased—The petition of Frank N. Myers for probate of will. The estate consists of $20,000. Court Notes Jessie May Farnswoi th was granted a decree yesterday by Judge Shaw divorc ing her from John C. Farneworth on the ground of cruelty. Count Otto yon Martinez was sen tenced yesterday to three years in San Quentln for passing a fictitious 1 check. Notice of appeal was filed. Frank Valdez, charged with the mur der of Lordon at Calabasas, hail his case dismissed yesterday, on motion of District Attorney McComas. Judge Van Dyke yesterday gave judg ment In the suit eif Lord vs. the Porphyry Paving company in favor of the plain tiff for $425 and possession of the prem ises. * Sam Bland was arrested for cutting the canal at Fulton Wells, on the Rancho Santa Gertrudes, the lands being in possession of MariUS Meyer, who swore to the complaint. Judge Allen made six recommitments and Judge Y'nrk one of children to the California home for feeble-minded chil dren. These recommitments were merely formal, to comply with the reeiuirements of the new law. The receivers of the Pasadena ahd Mount Wilson railroad were yesterday ordered by Judge Van Dyke to retain the electrical machinery obtained from the Wes'tinghouse company and pay $3223.69 at such time as the court may hereafter direct. It was decreed that the machinery was part of the necessary operating expenses of the road. COURT CALENDAR Cases to Be Called in the Several De partments Today DEPARTMENT ONE-Judge Smith. 2326 Colonel L. Tupper; trial, future hearing. DEPARTMENT TWO— 26,444 In re-insolvency, Thomas Ander son. 2887 In re-appllcation of H. C. Putnam. N. P. 2112 The estate of J. Alex Cline; probate of will. N. P. 95 Bridget Wilson; second annual account. N. P. 2117 Martha Machado; probate of will. N. P. 1081 John Carse; annual account; citation. N. P. 1949 The estate of J. Burrlll; conf. of sale of real estate. N. P. 2121 The estate of Isabella Baer; letters of administration. 30.334 The estate of J. Hommel; first an nual account. N. P. 1879 F. Robert; conf. of sale of real estate. N. P. 2123 Ella G. McMaster; letters with will annexed. N. P. 1600 The estate of C. Richardson; citation. N. P. 1105 The estate of Josephine How land do Cross; petition for order to convey real estate. N. P. HOC The estate of C. W. Rowland, a minor; order to convey real esitale. N. P. 1107 The estate of F. A. Rowland; a minor; petition for order to convey real estate. N. P. 674 The estate of J. Reinart; ac count and report. N. P. 626 Camilla N. Sanford; conf. of sale of real estate. N. P. 1653 The estate of J. R. Squire; conf. of sale of real estate. N. P. 2134 The estate of Edith J. Per son, a minor; letters of guard. N. P. 2120 The estate of J. C. Drake; let ters of administration. DEPARTMENT„THREE—Judge York. 27.309 Paulson vs. Pattlson; trial. DEPARTMENT FOUR-Judge Van Dyke. Nothing set. DEPARTMENT FIVE-Judge Shaw. 27.277 Polk vst Polk. DEPARTMENT SIX-Judge Allen. 25,946 Hunels et al vs. Tilghman 27,338 Taylor vs. Newlyn. TOWNSHIP COURT-Justice Young. Myers vs. Pickett, 1:30. People vs. Llndenfeldt, 10:30. Hinelmarsh vs. Wright, 2:30. Bogner vs. Tower, 4. Smith vs. Woodward. 9. House & Bently vs. Shaffer, 9:30. To Be Called Tomorrow DEPARTMENT ONE-Judge Smith. 2375 C. H. Clayton, accusation; hearing. 2312 Juan Silvas. rape; sentence. DEPARTMENT TWO— In holiday recess. DEPARTMENT THREE—Judge York. Nothing set. DEPARTMENT FOUR-Judge Van Dyke. Nothing set. DEPARTMENT FIVE-Judge Shaw. 24314 Latt vs. Corwin. DEPARTMENT SIX-Judge Allen. 27,897 Had* vs. Kessler. TOWNSHIP COURT-Justice Young. Fish vs. Tucker; 1:30. People vs. Henry; 9:30. " Rudolph vs. Anderson, supplementary proceedings; 4. Ham vs. Baldwin et al.; 2:30. "How much insanity develops in hot weather!" "Yes; people lose their minds when their ice bills come in."—Chicago Rec ord. FRYE WAS NOT PRESENT SENATOR STEWART WAS HOLD ING DOWN HIS JOB "Our Steve" Was Insistent and the San Pedro Resolution Was Agreed to i . The following verbatim report of the proceedings in the senate last Tuesday w ill no doubt be read with interest: Mr. White—Yesterday I presented a concurrent resolution with reference to the provision of the last river and har bor act concerning the construction of a breakwater at San Pedro, Cal. With the assistance of parties who are famil iar with the matter, I have amended the concurrent resolution and I will ask that It may be read and considered. It is already before the senate. The concurrent resolution was read, as follows: Whereas, The secretary of war has heretofore reported to the senate that he has serious doubts as to his author ity to make contracts for the construc tion of a breakwater at San Pedro, Cal., under the provisions of the river and harbor act of June 3, 18%, and has asked the Instruction of congress with ref erence thereto; and Whereas, It is important that any doubt upon the subject should be re moved by congressional interpretation; now, therefore, Resolved, by the senate (the house of representatives concurring), That the secretary of war be, and he is hereby directed to advertise for bids for the construction of a breakwater at San Pedro* Cal., in accordance with the project recommended In the report of the board appointed to locate a harbor at Port I.os AnKeics or San Pedro, Cal., which re-port app< ars in Senate elocu ment No. Fifty-fifth congress, and to proceed with the construction of said breakwater, provided that the same can be contracted for within the limit authorized by tlie provisions of th* liver and harbor act of June 3, ISD6. The, senate, by unanimous consent, proceeded to consider the concurrent resolution. Mr. .Stewart—ls It reported from the Committee on commerce? Mr. White—No, sir. Mr. Stewart —It seems to me the com mittee ought to report on it. The chair man Is not here. I know nothing about it. Mr. White— I do; and I think that all parties who have examined into the matter agree that the resolution ought to pass. 1 consulted with the senator j from Wisconsin, I will state, who is fa miliar with the difficulties the war de partment has met, and the amendments which are proposed are made In view of those difficulties Mr. Stewart—The senator from Maine (Mr. Frye) has had this matter in charge ! all the while and attends to it, and he Is not present. Mr. White—l am not aware that any one has had it in. charge particular ly. There is no difference of opinion, I think, among those who are interested In this matter, or among the members of the California delegation, and I am certain that if the concurrent resolution passes it will meet the approval of the parties who have to execute the law. The Vice President—The question Is on agreeing to the concurrent resolution. The concurrent resolution was agreed to. RECOVERED THE PROPERTY Detectives Catch a Thief With His Plunder Walter McStay of the Athletic club is congratulating himself upon the re covery of a valuable gold watch and dia mond ring which were 9tolen from him last Friday. Walter had just finished his lunch, which he had eaten in a Spring street restaurant, and had drop ped into an afternoon nap without get ting up, when a stranger came in and quietly relieved him of hie watch. The proprietor of the place happened to catch the thief Just as he was finishing his work and ordered him to put the watch back. The fellow claimed that he w as only trying to play a practical joke and left. He returned in a few minutes and man aged to get back to where Walter sat dozing, without attracting attention. With a few rapid movements of his fin gers he again slipped the watch from his pocket and then stealthily drew Walter's $150 diamond scarf ring from his tie. With this plunder he escaped through a back door ,but not until he had 1 been seen and recognized. A description of the man was turned over to the police, and yesterday morn ing Officers Hawley and Benedict cap tured him on South Main, street and re covered the stolen property. He gave his name as E. G. Tolman and was locked up on a charge of grand larceny. Smaltz Is Lucky William Smaltz, the colored man ar- I rested on Alameda street early Sunday morning, and who had sought to carve up the arresting officer with a razor, waa brought into the police court yesterday morning. Smaltz was charged at the time of his arrest with an assault with a deadly weapon, but as he was very drunk when the assault was committed and was not particularly vicious the charge was changed to one of disturb ing the peace, to which he pleaded guilty and received a sentence of $60 or sixty days. Another Gusher Dr. F. L. Talcott has just opened up another oil wall 'that proves ,to be. ai gusher. The well Is located in the east ern extension and gives seventy barrels of oil a day. ALASKA AND THE GOLD FIELDS The Herald's premium atlas (given away with a year's subscription to tha daily edition) contains a fine map of Alaska and the Yukon country in Northwest territory. Seekers after in formation about the new gold fields will find it a useful document to con sult. The atlas is furnished in sep arate parts, and with a subscription for three months the subscriber may select any two of the parts he wishes. Or, with a subscription to the Weekly Herald ($1) the subscriber is entitled to one of the parts. He may take that containing the map of Alaska if ha wishes. Wall paper, late, styles, low prices, at A. A. Eckstrom's, tU South Spring street.