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The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, December 13, 1898, Image 10

Image and text provided by University of California, Riverside; Riverside, CA

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85042461/1898-12-13/ed-1/seq-10/

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A DON OF HIGH DEGREE
SEPULVEDA'S SUIT POR DIVORCE
PROVES A BOOMERANG
HE WAS "TAKEN IN" TWICE
Once by an Indian Woman and Once
by Major Bell—Pleadings in
the Case
Judge Van Dyke was engaged yesterday
in the trial of a divorce suit, which con
tained more than ordinarily racy allegation*,
especially in the answer of defendant. Tilt
plaintiff, Pedro Sepulveda, by bis third
amended complaint, set forth that he mar
ried the defendant, Francisca Romero de
Ybarra Sepulveda, in this city in 1890, since
which time they have cohabited as husband
and Wife.
For more than a year past, the husband al
leged, the wife has been in the habit of in
dulging in intoxicating liquors to such an
extent as to have become a habitual drunk
ard. One night, he says, she came home
drunk while he was asleep in bed and struck
him on the head, laying open a gash about
two inches iv length, swearing at him mean
time, calling him all manner of vulgar and
profane names, and threatening him with
death.
On June 5 last, the complainant went on
to state, the woman was again drunk, and
drove her husband out of the house in Fast
Los Angeles and refused to allow him to
remove his clothing or tore-enter the house.
Among his belongings, so left on the field of
battle, was a household utensil for grinding
corn, known ill Spanish as v "metate." This,
though not of intrinsic value, is prized
highly by Sepulveda on account of its being
so many years in his family. He asked thai
this be awarded to him, together with his
other personal effects, that the marriage he
annulled, and that the little home, valued at
1600, be sold and the proceeds equally di
vided between himself and Francises.
The answer was more spicy, being in the
choicest English of Major Horace Bell, who
Was the attorney for defendant. In this in
strument Francises ignored the name of
Sepulveda. and said she was nevf r married
to plaintiff, and never lived with him in the
marital relation; that they had no property
in eommom the bouse being her separate
estate. If Sepulveda had any clothing
about the premises, she said he could send
and get it, and welcome. As for the "me
tate," she held that as a pledge for an old
board bill.
Further answering, the defendant said the
plaintiff was an "hidalgo," a don of illus
trious and high degree; that she was herself
a very common, uncouth, uneducated, ignor
ant, full-blooded Indian woman, without
any admixture of Spanish, or other foreign
blood, but that she- was frugal und indus
trious, and by occupation a washerwoman.
Going on, she related that several years
ago, out of sympathy for this ancient "ca
ballero," she gave him shelter in her bumble
home: that he was sick, anil she nursed him,
hungry and she fed him, and she washed and
ironed his very limited supply nf "ropa."
Being thus maintained and nourished.
Francises said be developed into a "street
corner politician, a drunken, lazy, worthless
loafer and incorrigible nuisance, and a per
sistent leech" upon her bounty until a few
months ago, when she "bounced" him; or.
in the more expressive language of her an
swer, "she tumbled him out of her house,
and has not permitted him to return." She
asked that the plaintiff take nothing by bis
action, and that she be dismissed hence. 1
sine die.
Evidence in partial confirmation of the
complaint was introduced by Sepulveda, but
when his Indian friend and Major Bell took
their turn in court the plea of plaintiff was
soon demolished. Judge Van Dyke found
for the defendant, whose assumption of the
character of the good Samaritan was thus
sealed with the approval of the court.
STILL SOFT ON COLE
May Gault Sees Him Acquitted ot
Burglary
Charles Cole, the young man who used to
impersonate "Queen Isabella" in Rice's
"U92" company, was before Judge Smith
yesterday in the role of defendant to an in
formation charing him with burglary. Evi
dence was to the effect that he took advant
age of the temporary absence of his special
friend, May Gault, from her room at :!6f)
North Main street, in September, lo make
away with some nf her possessions.
When Miss Gault returned alter an ab
sence of two weeks she founeTutr bed taken
down and everything packed for removal
except six small chairs, a rocker, center
table, gasoline stove, washing machine, big
lamp and a sill; shirt waist, which were gone
altogether. These were traced to Cole, who
had removed them, and was preparing lo
cart off the rest, of her household goods as
well.
He claimed l hat she had given him per
mission to sell the stuff to raise funds with
which to defray his expenses to San Vr*o-
Cisco, and this seemed possible, as she had
heen on the best of terms with Cnle and
among his most ardent admirers at the the
ater where he bore part in the drama of
"1402." A cord; and waitress by ordinary
occupation, she had a warm heart, and at
intervals made a living by doing "gentle
men's plain sewing," as her sign is said lo
have read.
Miss Gault is 33years old, according to her
own reckoning, and on crosa-examination ad
mitted that she had been married lo John
Gault, or John Grove, she could not tell
positively which was the correct name,
(hough the worthy John, bcfoio he left her.
said his name was Gault. and she did him
the honor to sport that name without ques
tion. She had met Detective s-Teile at the
police sl.ilion, and had learned from him
that the crime of which < !ole was accused was
a felony. The officer I bought ho mighl
have tedd her she would be compounding a
felony if she did not prosecute the case,
Miss Gault had manifested an affectionate
disposition toward Cole at the station, so
much so. in fact, that he had kissed her. On
the stand yesterday she admitted that while
she did not tell Cole, he deserved to lie ar
rested, she did tell'him (hat he elid not de
serve the ki-s.
Apparently the prosecuting witness wa
ned very earnest in helping the district at
torney to secure a conviotion, and the jury
brought m a verdict of not guillv. The de
fendant was discharged.
TROPICO MURDER CASE
Convicted Man Said to Be Open to a
Compromise
Blackmail is now alleged by friends oMoe
Hunter to have- been attempted In-hi- op
ponents, the slory being to the effect that
one of the main witnesses sgainsl him of
fered for $KiiKi to leave the country sand
ttitis avoid testifying. It is also alleged that
one of Clark's attorneys is trying to arrange
a deal whereby both Clark and Hunter may
go free. The understanding, as alleged, wa-
m r*£®* tfoWDER
A&SQvunKY Pure
Makes the food more delicious and wholesome
HOYHL BAMINQ PQWOm CO., NEW YORK.
I hat Hunter's people should not try to
prevent the granting of a new trial to Clark,
and that the testimony should be so jug
gled that Clark would be acquitted. Once
clear he was to fly the country and, in tfie
absence of his testimony, there would be
insufficient evidence to hold Hunter.
The blood-stained! collar alleged to have
been raked from the ash heap in the rear
of Hunter's house, Joe's friends claim I hey
can prove was "planted" there to be dug
np by the detectives und form a link in the
evidence against Hunter, all for the pur
pose of diverting suspicion from Clark. The
activity displayed by the father of the lat
ter in forcing the* light against Hunter is
referred to as a circumstance justifying the
opinion that manufactured evidence is being
prepared on which to urge for Clark's new
trial.
Today the Clark case will again come up,
and a continuance will doubtless be asked,
no compromise of parties yet having been
effected. As things now stand Hunter and
his friends arc willing to tight it out alone
and argue that Clark's numerous perjured
statements will destroy the effect of any
evidence he might give against Hunter,
while any compromise with Clark or his
supporters, would only serve a» a founda
tion for the suspicion that Hunter was in
fact guilty and grasping at straws to save
himself.
Unity of interests may exist, but the
Hunters are determined that each man shall
stand or fall by himself and the Clarks are
ready to jump at anything which will give
them a iresh footing in the courts.
COUNTER CHARGES
Attorneys Strike back Viciously to
Escape Disbarment
Richard and ft. C. Dunnigan yesterday
filed their answer to the petition for their
disbarment lately presented by Horace Bell,
denying that oijApril 20,. 1897, they induced
Mrs. M. F. C. de Leonis to swear falsely in
the action of Murray against Etchepare, as
Major Bell declared was the case.
Counter charges are made against Bell,
showing that the knives are out on both
sides of the controversy. It is asserted
that on September 24, 1889, shortly after
the death of Miguel Leonis, his widow con
veyed to Senator S. M. White a half inter
est in her estate, the senator agreeing to at
tend to all her legal business in connection
with its settlement. The answer alleges
that later Mrs. Leonis was weaned away
from White's guidance by outside influences,
and executed a power of attorney in favor of
Laurent Etchepare, giving the latter abso
lute control of her affairs.
Soon after this. Major Bell, according lo
the answer of the Dunuigaiis, aspired to be
the attorney of the rich widow, and was re
warded by an appointment. It was agreed
that Mrs. Leonis should pay Bell 15 per
cent of all moneys recovered from the Leonis
estate. It is further claimed that Major
Hell entered into a conspiracy with Ftehe
pare to frighten Mrs. Leonis from communi
cating with Senator White with reference to
her legal affairs, notwithstanding the fact
that the contract with the senator was still
in force.
The suit of Mrs. Leonis for the recovery of
hnlf her husband's estate was pending, and
White, it i< asserted, was informed secretly
that it would be necessary to employ Be?!
as assistant counsel iv the case. Finally
Senator White was forced to accept .Major
Bell's aid in the suit, it is claimed, and the
Dunnigans state that the contract for this
pin pose read as follow s:
"That if the said Bell would procure the
-aid Etchepare to assist in enabling said
Espiritu and said White to procure a favor
able judgment and decision in the case now
in litigation, involving the saiel estate of
Miguel Lennis, said Bell was to have one
fourth of the estate of Mrs. Leonis. Hut if
Bell failed m the obligations of the contract,
he was to have nothing."
The answer continues that Major Bell de
livered'fhe goods according to contract. All
Ihe use White had for Bell, according in i!ic
answer, was to have Bell produce Mrs.
Leonis and her attorney in fact in court, and
induce them to help Senator White recover
her property. The value nf the half in
terest, which Mrs. Leonis obtained from her
husband's estate, ;« placed in the answer at
$309,000. After obtaining this, the answer
recites, Mrs. Leonis, through the influence
of her attorney in fact, refused to have any
thing further to do with Senator White, and
liell appeared for her in subsequent litiga
tion. In fine such proceeding in which
Major Bell represented Mis. Leonis, the an
swer asserts. Etchepare paid Major Hell
*1200, which was about the value of the
property in litigation.
NOT ALL HARMONIOUS
Harmonial Spiritualists Defendants in
Suit for Money Loaned
Ernpst Abs-Hagen w suing the Harmo
nial Spiritual association of this- city and
Frank Emrrson for $200, which he says he
and Emerson jointly borrowed last April
from the First National bank for the pur
pose of loaning lo (he defendant corpora
tion. Enicr-nn declined to join in the suit
for recovery, hence he is made a party de
fendant.
The association claims lo have paid all
that is due and goes on to show that Kmrr
non in Sep;ember filed a petition in insol
vency, Ballon Darlington thereafter hav
ing been appointed assignee, and they plead
a non-joinder of parties, because Darlington
was not made a defendant. They say. fur
thermore, that Emerson and Ab-ifag.n
subscribed $2.50 a month each to help de
fray the expenses of tin society, their de
linquencies at present amounting to $20, for
which sum they set up as a counter-claim.
T.hey also say that if anything was due to 1
plaintiff and Emerson for their joint claim
the entire amount has been paid already to
EStnei ,-.,n.
Emerson and Abs-Hagen were at onetime
the secretary and president of i he organi
zation. The latter has dropped out and
wants reimbursement, while the former lin
gers along, hoping for hotter times and har
monial and spiritual comfort. Justice
Young has the controversy in hand.
SLIGHT DAMAGE
Loomis May Recover a Small Sum
From His Wife's Father
Judge Allen yesterday resumed the trial
of the suit instituted by Bay M. Loomis
against his father-in-law, George Rhine
smith, for $5000 damages lor alii nation of his
wife's affections.
As it had developed at the preceding trial
that Mrs. Loomis. who bad it ft her husband
and commenced a suit tor divorce against
him. had abandoned t he suit and returned to
her husband, proof was confined to the value
of her services for the time she was absent,
LOS ANGELES HERALD* TUESDAY MORNING. DECEMBER TZ, ,89*
i from March 30th last till some time in July.
, The cause was finally ordered to be sub
mitted on briefs, but while $5000 was the
: amount sued for, the rulings of the court
plainly indicate that some tr3o or $60 is all
that can be recovered, even if the evidence
is sufficiently clear to make the father re
i sponsible for the temporary abandonment
of plaintiff 4 by his wife.
GRAND JURY REPORT
Three Indictments in the Federal Dis
trict Court
! The United States grand jury made a par
' lial report yesterday. Indictments were re
.turned against Charles Baker, C. H. Can
' field and James Darling. Baker and Can
! lield are charged with setting out camp tires
in the Ban Bernardino forest reservation
lon the' 10th) of July and. leaving them unex
-1 tinguished.
• lames Darling is indicted on the charge
', of writing an obscene letter to B. J. Lob
dell, 333 South Hill street, September 36th,
' 180$. The letter was mailed at the general
; postoffice and signed J. Adamson.
The ease of Clyde Bennington, tho Oro
Grande train robber, who turned state's
evidence, came up in the district court, but
went over to be s<et for trial.
AGAIN AT LIBERTY
Annie Siefer Escapes Prosecution for
Grand Larceny-
Annie Seifer, the young woman charged
with stealing S3OO from her mistress. Airs.
Isaac Kennedy of Orange street, is free
again. She was discharged yesterday by or
der of Judge Smith, the district attorney
moving the dismissal of the information.
When first arrested she was held tor sev
eral days ut the city jail without formal
i barges being preferred against her, and
indignation was aroused because of such
action in her case, as well as many times Be
fore. Much was said about "Siberian piac
tices" and the arrest, if it served no other
purpose, it believed to have had some influ
ence over the police department in prevent
ing illegal detention of those suspected of
criminality.
Title of Real Property Involved
U. M. Ames instituted suit in Justice
Voting's court some time ago against Wil
liam J. Loehabay to recover $20.11. alleged
to be due fur the rental of lot 10, block 2, of
11. M. Ames' sub-division of the GlasselJ
tract. The answer of Loehabay set up the
defense that the court had no jurisdiction
a* the action necessarily involved the title
to real property, an agreement for its sale
having been executed by Ames. Accordingly
the cause was transferred to the superior
court for trial. The subject of controversy
is what, if any. claim defendant has by rea
son of his agreement to purchase and im
provements made.
Wants to Pay Up
The grand jury was examining witnesses
yesterday as to the defalcation of C. L.
Thompson) company clerk of Company A.
Seventh regiment. Xo indictment was
found, but further examination of the case
is intended. Meantime, it is said that
Thompson is desirous of repaying the money
so foolishly collected from members of the
/company with the professed purpose ot
making Captain Wankowskl a present. It
may be that prosecution of his offense will
be abandoned if he squares up with the
company even now.
Got His Divorce
J. W. Johnson was awarded a decree of I
divorce from his wife, Sarah B. Johnson, by
Judge Allen yesterday. Tfle cause was
heard in October, but evidence of desertion
was not so complete as was desired, and this
was reinforced by a deposition yesterday J
which settled the case according to conten
tion of plaintiff.
Court Notes
Mary Casey sued her husband. Edward
Casey, yesterday for divorce. Lottie War
ren has also sued Henry Warren tor like re
lief.
The trial of Albert Bradley for assault
with intent to murder Governor Smith ot
the Soldiers' home was reset by Judge Smith
yesterday fur January 2(ith.
S. H. Averill yesterday Hied a petition for
letters of administration of the estate of his
wife. Mary A. Averill, who died last March
in this county, leaving property of the value
of *sno.
Judge Shaw yesterday ordered judgment
in favor of A. J. Stewart against A. J.
Hollingsworth lor *17.1 in settlement of their
controversy cum- nn exchange of slreet
sweeping machines.
Al Barrel, ihe -aloon man who testified in
the Clark murder trial, i- charged with sell
ing liquor without a license. The complaint
was sworn out in the township justice's
court.
Charlc Kubler, who was convicted Sat
urday of selling liquor at the tJirce-mi.e
house on the XI Monte road without a conn
ty license, was sentenced by Justice Young
yesterday to pay n line of $50 or to he im
prisoned at the county jail for twenty-five
days. A stay of execution was granted to
enable Kubler to see what he could do about
raising the funds.
CURED OF ASTHMA
After Thirty-Five Years of Suffer
ing
li will he gratifying to asthmatic readers
to learn that an absolute cure has at last
been discovered by Dr. Kudolph Schiffman.
That the remedy is an effectual one cannot
be doubted after perusal of such testimony
as that of t'. W. Van Antwerp, Fulton, X.
V.. who says: "Your Asthma Cure is the
best 1 ever used. I tried it according to di
rections, and one box entirely cured me of
a-.i Ii ilia, and I have not had it since. tcao
now go to bed and sleep all night with per
fect comfort, which I have not done before
lor .'tl years, ami I thank you for the health
that I now enjoy. I hope that you will pub
lish this letter, that others may learn of its
wonderful virtues."
Schiffman's Asthma Cure is sold by all
druggists at BOc arid $1.00 per package, or
can be obtained by writing direct to Or. P,.
Fred C. W heeler, 32, a native of Minnesota
Still Stealing Chickens
Chicken thieves are still at work and get
ling low Is .ill the time. 'The latest victim is
Mrs, N. E. Flint of 831 West Tenth street.
On Sunday night some miscreant entered
her her. roost and stole two dozen thorough
bred Plymouth Hock chickens. The ease
was reported to the police.
Latest styles wall paper nt A. A. Eck-
Strom'a, oIM South Spring street.
2 (C Exquisite Christmas Gloves "= r |?
' /Aw iKY The assortment of novelties for Christmas gifts is so far above th« r»iiui*»iii *J
iM //I / V average that there is no stock in Los Angeles to compare with it. T*s ft
I T // / Every new fad, new shade and new embroidery, as well as the staple Stretchers f*
\\j {ll* sort are awaiting your pleasure. First of all in popularity are the La Free with
\¥f \ Cigale kidskin gloves at one dollar a pair. Excellent in quality and r|
(—— \ attractive in looks. Best we know at the price, $1.00. A handsome uiovea v
'. celluloid glove stretcher free with every three pairs of La Cigale gloves. \Xr
\\, There Is a complete allowing- of Misses' La Mazeno real French kid gloves In La Maxeno Pique (Sieves, the most sub- High grade novelties Id real kid, 4
J kid gloves in red. brown, black, white. . new J ll *,"' "J 1 * 1 every popu- stantlal glovs In the market, two clasps Rhinestone buttons and- 8 and 4 clasps,
W etc. two clasps, pretty em- b%lto"'two*laA7sffove end the new Saotah. em- fm jt sf» Jeweled backs all th. <•» - Q - jJ
** pair..' VV »«*»•■:
Canes and 19 different styles I I Taffeta Ladies'taffeta silk X
i rnll«L?*Pc of libe,t y silk - Holiday Just in time for Christmas; . p-fHrtu..* P etticoats in I** L
w| VOliareiies chiffon and mous- |T a jn f^..< ri|«. a new line of fine nainsook 1"»7 rcuiCOais and changeable ef>- JL
seline de soie capes, ranging in price unaermUSllllS an d cambric underwear in fects of all the latest colorings,made \
from ,5.00 up to ,20.00. skir(s and anJ £«|Sft cordgtamce $J()
*w. m ,ls*.,^i^ e iStl' .^ft, 1 !*?. chemises, elaborately trimmed with tine lace and IJ$ ll' I, IP ih C
W deep plaited ruffles and a high collar of ' I t n,lies' silk n<,iM,w,i. in «i.i„ Vi>
A \S&I% s s"^it 1 h ad:ns ' SJI7 ribbon, Frenchy in design and daintily made; some >*SgOT \I A ] and changeable effects, (I*ll P/» J\
p,af,erends ,h *W.OU are tl i mm ed with hand-made lace; see the window. ~J dTnVaii d J.
Extra full, liberty silk collarettes, 18 9* w 1 » •! , fl»
W Inches long, with long sat- /[» -y mf\ Indies' skirts of fine cambric, made i.ndies' drawers of Hue nainsook ~ .... ... rW
v,., , ;Ls bo ! , n , Bram ' 190.5U with knee flounce of tine lawn, ela unrtSellartyl? dee* ruffle.tfftS DeCOrat VC Another case will
v values, at orately trimmed with lace « j p/\ lawn 'rimmed with hand- it aaa i/»v«i«ihv . 3
%J Double liberty collarettes With 27-Inch and Insertion. .d4.i)U made torchon 3 Inches .M.I 111 f be placed OB SHU wf
X ties made of shirred liberty rf\ at ▼ . . wide at V»»vv V<rCDC .. , , ...
FT and kntfe.pla.ted ends, JHO.SU „£ d e "Shine .M. ""arM cTIJi Ladies'skirt chemise of flne nainsook. X Monday; COlo«^
# at trimWWuM ? IH !:T„^Wn l rd ed wllh «1 white, blue, red, lavender, gold, \j
1 For Fancy Lookout or you $ 2 2 5 *'-fl> lemon, pink, rose, etc; very effed *
f Work \ " Hv l for Y f n F' X'r 3
Kof embroidery Silver There is n0 nicer ? ift for (]! I " ngS '"'
r Xmas gift; orfly ten days more. We your friends both far and \ / p_„ Handsome rich ef- W>
V have a complete line of Stamped NOVCltieS ; ear than one of our ster- \/ K°P c , feds cci- R
* and embroidered doylies in.the larg- near than one Ot our ser- If Portieres wouid Sfa T
- u n r' !Ver 1° Ye C ?, m X f' S3f fc- 'l rP"*< surprise^for"your haS V
5 2L2iSi:. mehe, scuare. s c. purchas.ng; you Ibe glad >ou did.. HI .open& ; a beguV 14 ftA ?
X iiKLSed llSfn Sojita.: luVS*. We warrant every piece to be fine. hMfor ** ,wv V
Stamped linen doylies, 18 In. square, aOc. IHi\ffwf r» , . , , . r*T
iff Stamped linen doylies. 20 In. square. 35c. Artirlfi* EsOc. ArtifilfiM KODC Large enOUg-tl tO \
gl Embroidered doylies. 6 in. square. 15c. * rT, V , ° . o. , IT ~ „. „ make lasiiwiitarrrtTi* Isf
Embroidered doylies. 8 In. square. 25c. Sterling bllver glove buttoners, Sterllag ailver rtertorandum books, R|an|>pt B majCC ItJ^ngmgrODft, V
Embroidered doylies, 10 in. square. 3ic. Sterling sliver nail flies,' Sterng sver toofh brushes, UIOUIVCia swell Mt- * 1 mm i
Vf> Embroidered doylies. 14 In. square, 50c. Sterling silver book marks, Star ng s ver pocket csmbs, .J \ . %A/JSk W
X Embroidered table centers, $1.25. Sterling silver paper knives, Sterling si ver egg dam*>s. ternS and pretty C6*orS, at f O |T
Embroidered dresser scarfs. 81.00. Sterling silver thimbles. Ster |f| s ver wrltlna sets «
¥ a,cm„ . Sterling sliver dreeemg combs, _ , ,„ . , . f .
£ _ «OG ArtieSeS Sterling silver raansture sets, CflrrtAVe WOOI, mohair, C«ni- Mmw
W fYiPYirfln llrflWn Genuine Sterling silver nail flies. Sterling silver watch guards, T" l,n, S v «» s w~: r 2l- v..., Jt
iriCAliaU UlitWll . sterling silver hat marks. ~_ Al— Pnhf>C . n ™K? fc « beau " 'I
n„,,i;,,,- mexican sterling silver memorandum books, yog Articles ixUDCS «j es well made
UOVIieS hand- Sterling silver paper knives. Sterling stiver euxllng Irons. . . -~ . ' X ?i! 1 .
Is/ , * , , ~ "," v Sterling silver friendship hearts, Sterling silver nail brushes, nicely tiniShed; Our Camel s hair Isf
JS, drawn work doylies in a large a> sterling stiver four-leaf clover stick- sterling silver Shoe h«w. robe ls grand value
w sortmentot sizes and very pretty s , Uver muiUche combs, It™ slw.f KK-cimb?" at...... Jhst.UO W
A designs; a very handsome gift. Sterling silver emery bags. Sterling sliver button hooks. — A
2} Prices range from $1.25 fljl CA ' Straw Many floors have been
? " Her Ma!e*ty'»" Corset Matting - k
trOCnetea iJSLy i«„|s t •» betHhful, graceful and economical-that is sufficient reason why womtn should wealc Qne purC h aser sa jd we nave wf
SlipperS S3 fg thousands will not ? ive up -HER MAJESTY'S" for any «
are the most comfortable things a ° „ headquJirters for .. HE r MAJESTY'S" CORSET. bought coverings for five rooms. V
person can wear. We have them Ex t ra weight China matting, *
X AUAMRURGER& QCrVA - ,fc k
L i.ois-crocheted suppers. $1.25. Y&JLJ%JM V %» W * hue Japanese mattings 25c Q
/I *Ml THE GREATER PEOPLE'S STORE KJiiS**** Special price for roll of 40 yards X
ATTORNEY KEMP IS SAFE
PETITION FOR HIS DISBARMENT
IS DENIED
.
BORROWED FROM HIS CLIENT

—■—
And Gave Unsecured Notes as Security.
Her Commitment to the Asylum
and Other Proceedings
The matter of the disbarment of J. W.
Kemp came before .Judge York for hearing
yesterday on the petition of Mrs. Hattie M.
Knight, who alleged that the attorney had
violated his oath and' been guilty of unpro
fessional conduct. Specific complaint was
made that Ktmp was her attorney lust April
and loaned $50 of her money to C. A. Teel on
n promissory note without security and
without her knowledge or consent. The
note was maele payable to HattieM. Knight
and was indorsed by Kemp, who guaranteed
its payment. Then, again, on October 18.
ISSI4, Sirs. Knight alleges that her attorney
loaned lo himself $280 of her money on his
own. three months' note without security.
These transactions aiMitntd more im
portance in the light of the commitment of
Mi-. Knight to the insane asylum on No
vember 3, MM, on the testimony of Kemp
and of her mother, Mrs. Martha Loomis.
Kcir.g discharged on, May 10. 1885, as cured,
-he was or. January 21, 1897, restoreel to ca
pacity by the court and then proceeded to
demand her property from Kemp. Her pe
tition for his disbarment related that be
11 ;u-t('; 11 pay either note anei on August 1
-in- got judgment for $425.01! and $10.75 as
< r,-ts. _\n execution was issued but was re
turned by the sheriff as unsatisfied, no prop
el ly belonging to Kemp having tveen found
on which to levy. Therefore, Mrs. Knight
asked that her attorney be debarred.
At the hearing yesterday all these fact'
were proved, but th? court held tiiat they
were insufficient basis for the petition for
disbarment, the action, of Kemp, however
unwise, not having been shown to be dis
honest.
('. A. Loomis, a very eleaf ohi man, swore
that he hadi known Mrs. Knight for about
thirty live years, having married her mother
when Hattie was a girl 13 years of age. The
record of Hattie'l commitment to the in
sane asylum onNovember 3, 1804, was then
shown to ihe witness, but counsel for the
defense admitted that she was adjudged to
be insane at that time and that the com
plaint was sworn out September 8 preceding
that day.
Between the two dates mentioneel one of
the two notes in controversy was.ezecuted,
and the attorney ft>r petitioner was insist
ant that this fact should be fully established,
as affording a basis for the charge that
Kemp took advantage of her mental condi
tion and induced her to advance funds when
she would not have done so if in her right
mind.
The witness, testified that Mrs. Knight
had been away from home for two or three
years and on her return she was greatly
worried! on account of the death of a young
man in whom she was interested. Mr.
Loe.misi had told her she should not make
such a fuss about it, for there were other
young men in the world, but the girl was
not to he reconciled, betraying by degrees
a weakening of her reason, which loft her
at the time ir> question in no suitable con
dition to transact business. Nelson was the
name of the man to whom Mrs. Knight was
engaged and while co engaged she had let
him have certain funds, but the witne.s
thought she was- more eoncernedi over his
death than the loss of her money.
For several weeks the young woman was
sick in the witness' house, requiring the
services of a curse, and afterward she >*p«nt
some time at the county hospital, being
sent from there to the hif-ane asylum. Dur
ing the entire period her mind had' appa
rently been clouded.
Mrs. Loomis, the mother of Hattie, said
her daughter had been more or less affected
mentally for thirty years', and. for tome time
previous to her incarceration in the asylum
she had' displayed more aggravated symp
toms of insanity. The death of her be
trothed appeared to have upset her mind
completely. During the time in question
Hattie was in no bt condition to transact
business.
While so affected Mrs. Knight had lived
at Pico Heights in this city and Kemp, the
respondent, had told the witness that in his
opinion Hattie ought not to live alone. Mrs.
Loomis had assented to this view of the
matter and witness thought that Hattie Was
actually insane then and for some weeks
previous. She was not dangerous, but mel
ancholy.
On erosssexamination the witness was un
able to state when her daughter was mar
ried or how long she had lived with her hus
band, but she said that Hattie had finally
been divorced and afterward formed the at
tachment for Nelson, whose death was the
special cause of her mental collapse.
Kemp himself was then called to the wit
ness stand and produced several postal
cards received by hiei from Mrs. Knight.
One of these complained of "old Loomis, '
who was alleged to have been "showing him
self off again." Another urged Kemp to
collect $500 due the writer from Loomis
by any possible means, even if he should be
compelled to get him "as drunk as a ljog,*'
01 to administer a sleeping potion to him.
A third told of Loomis having been to Mrs.
Knight's house while drunk and asked that
Kemp warn him not to hang around there
and injure her trees by driving over them
with hisj stock.
Dr. Wetnigk, one of the examining phy
ticians-, on whose recommendation Mrs.
Knight had been sent to the insane asylum,
was the next witness. He had no recollec
tion of the events attending this particular
commitment, hut his name appearing on the
commitment the substance of the examina
tion as to Mrs. Knight's sanity was read
from the official records. These showed the
patient to have been ml practically the same
condition for some months previous to her
commitment, melancholy, inclined to believe
herself the subject of persecution, and af
fected by other delusions.
Mr. Kemp was then put Lack on the
stand, and said he advised Mrs. Knight to'
go to the county hospital, as she was ill and,
having sent what money she had to her son,
then in Racine, Wis., she had nothing with
which to purchase the necessaries of life.
Loomis and wife would not care for her and,
aside from her little home at I'ico Heights
Mrs. Knight's means consisted of a note for
990 and a due bill for $145 executed by Kemp
on which he was paying interest. The due
lull he had bnally taken up and in its place
had given a note for that amount and other
advances amounting to $280 altogether.
Kemp admitted that he thought Mrs.
Knight was demented when receiving the
postal cards from her and that he had shown
them to Mr. Loomis in proof of her condi
tion. The acceptance of funds from his cli
nit while she was in that condition, Mr.
Heath maintained, constituted the crime of
embezzlement, but the evidence did not
show conclusively that Mrs. Knight was ««'
tually insane when advancing the funds and
accepting unsecured paper for the same, or
that Kemp believed her to be mentally in
competent to transact bueWisi at that time.
The court therefore denied the petition for
disbarment, urging, however, that the at
torney should stir himself and, as a matter
of falrne-e to his former client, raise rUe
funds due to her on account and discharge
nn obligation which he thought never should
have been tussumed.
SCHOOL OF ART AND DESIGN
Presentation of Certificates and Art
Reception Friday
The Los Angeles school of art andidwigu
will present certificates Friday next at 2
p. m. and hold an art reception in the even
ing from/ 7:30 to 10. Dr. J. C. Fletcher will
conduct the presentation ceremonies, as
sisted by \V. A. Spalding, W. 11. Knight
and Hon. Abbot Kinney. Nine valuable
paintings from the city of Mexico, owned by
Scnor Quillermo Andrad 1 ?, Mexican consul,
will be on exhibition with the collection of
the association.
Mons. T. C. Natival and. Herr Louis
Wonka, instructors in art pottery and mod
eling, will give demonstrations of their work
and Herr Max H. Stuewe, instructor id clay
modeling and wood carving, will exhibit.
Found Him Guilty
D. Maekay was found guilty yesterday by
Police Judge Morrison of petty larceny.
Sentence will be pronounced on the 15th.
An appeal will probably be taken in the
case, huwtm. MstVay, *bt> ectopics gmt*
» responsible p .Milan ss uumssjer of a tai
lor shop in this city, Was ohsrgetl with steal
BORN
SMlTH—Saturday, December 10, 1898, Mrs.
James Smith, a son.
DEATHS
HUMPHREYS—In this city, Monday, De
cember 12, 1898, Gordon Hughes, young
est son of J. H. and Agnes H. Hum
phreys, aged 11 months and 17 days.
Notice of funeral later.
EDWAKDS—In this city, at her home, No.
415 Court street. Edith Rivers Edwards,
beloved wife of D. K. Edwards and
mother of Hazel Edwards, aged 44
years.
Funeral from her late residence, Wednes
day, December 14th, at 10:30 a. m. Inter
ment, Rosedale.
Sun Jose, CaJ., papers please copy.
VARIEL—At his residence, at 2215 East
Fourth street, Los Angeles, Joshua
Hutching! Variel, husband of Mary A.
Variel and father of R. H. F., Wm. J.,
and Florence M. Variel, of this city,
and of Mrs. Mary E. Barstow of Napa
and Mrs. Isabel C. Easton of Ventura,
~aged 82 years, 4 months and sdays. De
ceased was a member of Los Angeles
T,, and Al Malalkah
temple, Order: Mystic Shrine.
Funeral notice later.
_____
The funeral of Brother Walter
A Thomas, late a member of American
Union Lodge, No. 1, F. & A. M„ of
/V\ Marietta. Ohio, will be conducted by
Hollcnbeck Lodge, No. 319, oft Wednesday,
December 14, 1898.
Officers and members of H#lenbeck
Lodge and members of funeral commtttees
of sister lodges will meet at lodge room,
corner of First and Chicago streets. Boyle
Heights, at 10 oclock a. m., sharp, to at
tend the funeral of our deceased brother.
Visiting Master Masons in good standing
cordially Invited.
By order of Masonic board of relief.
C. W. BLAKE, Secretary board.
ing some himber from S. K. Lindley.
Maekay fought the case bitterly, but the
court returned a verdict against him.
Maekay was convicted of cruelty to ani
mals some time ago. as it was alleged that
the horse which.pulled his wagon from the
building of 8. K. tindiey had sores on its
back and was nearly starved. He took an
appeal and was acquitted.
Holiday Choppers and Tourists
Chinese and Japanese Art do ads and Ctt»
rlos. Wing Hing Wo Co., 2)8 8. bprlng st.
JOTTINGS
Lovers of good driving horses cannot
miss It by buying one of our No. 3 Chester
Columbus Buggy Co.'s driving wagons.
They have the Bailey hangers, long-dis.
tance axles and quick-shifting shaft coup*
lings. Hawley. King & Co.
Our Home Bran.
Maler & Zobeleln's lager, fresh, from their
brewery, on draught in all the .principal
saloons; delivered promptly In bottle ot
kegs. Office and brewery, 440 Allso Street.
Telephone 91.
New styles of vehicles constantly arriv
ing. Be sure and see them. Hawley. King
& Co., corner Broadway and Fifth street.
I Holiday 1
| Millinery 1
I Reductions 1
«5 Don't miss the "Wonder" g»
95 reductions on Trimmed and
«=S Untrimmed Millinery this JJf*
«5 week. J* J* J* g»
sg| •••••• ■£
!* Trimmed Hats 3E
Reduced g£
$15 Trimmed Hats $10.00 S£
$10 Trimmed Hats $7.85 JB»
$7.50 Trimmed Hats $5.00
$5.00 Trimmed Hats $3.85 JS*
$4.00 Trimmed Hats $2.85 Jff*
$3.00 Trimmed Hats ft.. $1.85 (7*
Walking Hate %
Reduced 2E
The Swell London $5.00 Ci OO »C
Walking Hats for W'"" »C
*2 $3.00 Walking Hats for ,$2.00 •£
«B $2.00 Walking Hats'for.,...,. 3b»
<*E $1.50 Walking Hat5.f0r.......f1.Q0 "5»
<S $1.50 Bailor Hats for ..$1.09 JJE»
«S $18 Ostrich Feather 80a5....515.W 5»
•SE SIB Ostrich Feather 80a5....511.00.
■ w $10 Ostrich Feather 80a5..,. |S,OO
$2.50 Ostrich Feather Collafs.|l.sa ' 2»
i itEiii 1
355 MEYER BROS., '2?
Successors to Luel Zobel & Co.,
219 South Spring Street £

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