Woodland Daily Democrat from Woodland, California • Page 1

WEEKLY ESTABLISHED 1859. WOODLAND, CALIFORNIA, EVENING, FEBRUARY 10US. DEFENSE MOVES FOR NONSUIT A Strenuous Day in Andersoc- Steveris Trial, A letter Thiil Wns Fouud and Sold the Plaintiff Precipitates a Long Discussion. 'Rio direct testimony ot the plaintiff in the Amlerson-Stevens damage Biiit was all in a few mlautes before o'clock Thursday afternoon. The announcement came at the end of proof offered to show the value of defendant's property.

Thursday was a strenuous day in the proceedings. The testimony was not so important as that hoard on Wednesday, hut argument occupied the greater part of the time and the defense scored a number of points. When our Thursday report closed the court, was hearing argument on the offer of the judgment roll in the case of Nettie Anderson vs. Frank Au- -derson July 3, 100G, in which Mrs. Anderson's petition for a divorce was denied, also the judgment roll in the case of Frank Anderson vs.

Nettie Anderson, Msd-eh 27, 1307, In which plaintiff's petition for a divorce was granted. Judge Alhory ruled them out. Plaintiff's nUornnys then made an effort, to put in evidence tile unsigned, undated, nnaddressi'il loiter which they say was written hy Mrs. Anderson to defendant but which the defense claims Is a forgery. Little Inex.

Provost, the twelve-year- old daughter of William Provost, was called to Hie stand. The letter was to her and she identified it aa one she found on Main street opposite tlie schoolhousc. She carried it homo and gave it to her mother. William Provost was the next witness. Ho stated in October or Novein- her of 1'JOG, upon his return from Madison, his wife asked him if he wanted to read an old-fashioned letter and luiniled him the missive.

He recog- nise the importance of the letter lint kept it for some time. Finally lie spoke to B. I). Morliig, Anderson's nt- toi-ncy, about the letter and offered to sell it to him. Muring made an appointment for him to meet Anderson at Ilia office.

Anderson reud the letter and paid Iho $10. Attorneys for the defendant wanted know more aliont the transaction 0 1 numher of questions. Provost said tic" never asked more than and Mering did not try to due him down. I'rovost admitted to Mr. Huston that if he had known it was po easy to shake down the $10 he would have demanded more.

Messrs. Merins and Anderson corroborated Provost after which the letter was offered in evidence. The defense ohjectcd strenuously. Judge Albery allowed it to he read for information. The 'Question of admissibility argued at great length.

Messrs Huston and Mclaughlin opposed it tor various reasons. The letter boars no date, Is unsigned and unadilressed and there Is absolutely no evidence that it was written by Mrs. Anderson or addressed and delivered to defendant. Judge Mclaughlin stated that he was willing to submit the letter to the court to be compared with letters conceded to have been written hy Mrs. Anderson and was confident that the court would decide that the letter Is a forgery, Admissibility was also opposed be- letter was not found until more tluih 11 year after tho separation of Mr.

and Mrs. Anderson and for tha further reason that If It be conceded 11 was written by Mrs. Anderson Hie defendant cannot be bound by a declaration of a person not party to the suit. Messrs. Johnson nnd Hurst contended Hint the letter bore upon Its face conclusive evidence tliat It was written by Airs.

Anderson to the defendant and that It was admissible because It tended-to show the slate of Mrs. Anderson's mind toward the plaintiff. The argument lasted until after 4 o'clock. Judge Albcry ruled the letter out in a lengthy oral opinion In which he coincided with most of the views expressed by the defense. After adjom-njiient attorneys for plaintiff admitted that It was a close question nnd manifested no disappointment with the ruling.

There waa an intimation that another effort will be made to have the letter admitted, probably If Mrs. Anderson Is a witness. Assessor Harrison was called to fix the value of the defendant's property. It Is assessed at a total valuation of $18,855. subject to a mortgage for $10,250, J.

1). Lit.wson and C. T. IMdwell FIRST NIGHT OF THE OPERETTA DAILY ESTABLISHED 1877. tlm land nl $31,780 and Mr.

llidwell at i AnQlnGf Mr. Huston made a motion tor a non- suit on the following grounds: Plaintiff failed to prove sufficient case for a jury. Plaintiff failed to show any art 01 attempt on the mm of defendant tc alienate affections of Mis. Anderson. There is no evidence showing ov tending to show lhat the affei-tions of Mrs.

Anderson had heen actually alien a ted. There is no evidence sufficient to establish an attempt upon the part of the defendant to create dissatisfaction upon the part of the wife. There is no evidence of any direct interference on Stevens' part; wrongful act or acts shown whereupon it appears thai lie -wrongfully alienated tile affections of the wife oE plaintiff, Woodland Taienl, alleged in the complaint cither by as debauching, persuading or alluring hoi to dosorl and abandon plaintiff. There is no evidence, not even prima facie, to establish the case. There is no proof lhat her affection, it destroyed at all, was in any degree destroyed or alienated by defendant.

The evidence affirmatively shows that her affection for plaintiff, if destroyed at all, was destroyed and alienated by plaintiff himself. Mr. Huston began his argument in support of the motion but in a few minutes the court ordered an adjournment until 8:30 this morning. Just previous to adjournment Thursday afternoon Judge Albery counsel to cite authorities to the point as to whether or not evidence ot opportunity in a where seduction is not charged, ig sufficient to justify a verdict. Mr.

Huston resumed his argument at (Ins morning's session of the court. tie read in support of his motion for a non-suit the decision in a New York rase entitled nudiannan vs. Foster Humprey vs. Po jpe, 11 California case Codoui vs. Donoti, a case decided by the California appellate court, United States vs.

Aiicarola, Waldron vs, Waldron, a California case, Whitman vs Egbert, Tasker vs. Tasltor, a Massachusetts case, Holt vs. nick, an Ohio case, Ouckell vs. Suss, a Now York ciiso, McKcnna vs, Algco, a New Jersey case, Sheriff vs. Sheriff, Prettymun vs.

Willianison, Rudd vs. Rounds Encyclopedia of Evidence, Rnbenstciii vs. Hnbcnstcin, Young vs. Young Wesllnko vs. Westlake, Merrill vs I.oisonring ami other cases, sir.

Huston conchied his argument a few minutes befijre 11 o'clock. Mr. Johnson made the opening argument against the motion for a non- fiiU. He reviewed a number of the decisions ciled by Mr. Huston but his conclusion differed widely from those of Mr.

Huston. Mr. Johnson also read llic law applying to such motions as lifl intcii-preled it, from an opinion written by Judge Shaw. Mr. Johnson concluded that from the 3haw decision the presumption Is lhat every legal inference to be drawn I from (be testimony must he decided In favor of Ihe plaintiff, and where two constructions may be placed in evi- loniic, the court must the view Host favorable to tin; contestants, con- raclictory evidence mast lie disregarded anil the arc entitled to lava the eusc so lo the jury.

Judge Albcry nskcrt Mr. Johnson if conn Kitting with a jury should he Ijy the sumo principle of law mil receiving an affirmative re- )ly, the judge remarked: "Then in your opinion a court may consistently leny a mollon for a non-suit and than decide against the plaintiff on the merits of the case." In answer to question' by Judge Audience Lareo and Appreciative, the Play Delightful nnd but Little Amateurishness Shown. Amateur talent scored an emphatic success Thursday evening in tho production of "Sylvia," which was given for the benefit of the convent annex building fund. 'ihe house was nearly filled wil.li an audience that thoroughly appreciated the cfioits of Ihe performers and -enjoyed the tunelul music. Those wlio hurt the double satisfaction of lli-il were vvit- gocxl production as well as worthy cause.

Judged from standpoint it was a production Utr above the average. The I lie only weakness iti.timc:>i:iig il-scij among the malts voices. 11 has long heen conceded that there is a dearth of Rood male voices in this cliy. A fine large chorus with fresh young voices was a notable feature. Of course, there were defects in the acting, but taken as a whole, it was much better than anticipated.

Slight nervousness on the part of the per- foimors. several of whom were appearing as ihespians for the first time, apparent. the second act the performers began to feel more at ease and they sang and acted with a vim that left IK.tle if anything to be desired. The casl and chorus were supported by an orchestra ot eleven pieces and all were under the direction of Rev. Father P.

Huesges. Kullici- lineages' ability as a musical director has long been recognized, anil it is doubtful if his equal exists anywhere among amateurs. Tile best trained professional conductor could not have accomplished more than Father Iluesges did with Ihe limited time at bis disposal. "Sylvia" is a delightful little opera W. Phys-Iievlicrt and Maude Elizabeth Inch.

The former composed the music and tho latter is Hie author of the book. The music is full of tuneful melodies, the Wild that pleases the masses. There (re a score of numbers, comprising solos, duels, trios, quartets and choruses, all pleasing and several of which ire of real musical Sylvia, a queen's maid of honor, and jetty, a farmer's daughter, tiring of their modes of life, decide to masquer- ide, exchanging clothing, personalities uid lovers. The complications that follow this prank are quite amusing, md threaten for a lime to bring about lisaslruus results. Everything is sal- sfaclorily adjusted, of course, and in the end everybody is happy.

The action takes place in a hayfiold tnd court ladies and gentlemen as well is farmer lads and lassies figure in Lhe scenes. Miss Lota Rogers was "Sylvia." She was all that is required in the title role and surprised many by her clever acting. Several beautiful solos were al- lolted to her and she snug them in an excellent manner. Miss Rogers has made rapid advancement in her voice culture. Minnie Prior was Belly, and she admirablj bringing- out all the comical situations in wliit'ii she is placed.

Of course, it goes without saying that her singing was one of the treats of the evening. Miss Prior's notes are rich find slie always sings with good taste. Miss Hagar Curtiss was Sir Bertram de Ijiccy, the court uoet, in love with Sylvia. She was perfectly at ease and UJ llU oj 11 pencciiy at case ami Albery Mr. Johnson replied th.it a prc-1 made a charming figure in beautiful sumption of innocence is not conclu- costume.

Her solo, "Forever I-ovo, For- sive and cannot overcome the prcsumn- -ion of guilt. ever," was one of the gems and she rendered it in such a manner as to 1 11 in riin Ji it uiillliltM tin L(J tlie Hour for the noon recess fully merit the rousing encore it re- Mi' .1 i when Mr, Johnson coiicludetr his'iir- innienl, Mr. Ilnrst began the closing ment in opposition to the motion at the opening of the afternoon session of the court. He reviewed the material in the testimony, discussing two or Ihree Incidents to which Mr Johnson did not refer. Mr.

Hurst's avRii- nciit occupied about an hour anil Judge Mclaughlin was llst beginning the closing argument in support of the notion at Ihe hour of going to press. TROUBLE OVEH HORSE SALE Judge l.nmpion is engager! this nf- ci-noon in lieurinK the case of Mrs. E. A. Norton vs.

'Mrs. 15. J. and P. Schwartz.

It Is an iiclion brought for lamngcs in the sum of anil to the sum of tlrn purchase price of a horse sold by defendants to plaintiff. It Is alleged that defendants misrepresented facts about the and lhat the animal Instead of jclng of a gentle disposition, was wild ind fractious and totally unfit for ilnliillff's use. celved. Much of, the comedy was in tlie hands of Dr. J.

T. Ornnt anf F. W. Btanchard, both of whom acquitted admirably. Miss Virginia Cnitchcr 'and Miss Cornelia Brticiier, us ladies in waiting at court, were stunning Jn their beautiful costumes.

Their trio with Dr. Grant was a most pleasing number. Misses Delia Gage, Edna Winslow and Florence Cummlngs as Molly, Polly and Dolly, friends of Hetty, were nm-fectly at ease in Iheir parts. Mis? Winslow had a little sneezing song in the second act that scored a hit. A good bit of comedy was Introduced by a number of ihe farmer lads.

It was a sort of burlesque debate, in which Walter Baker, John Simpson and Paul Ijeake were the orators, and Then-el Holt a scarecrow. Therrel was extremftfy clever in his antics, and ho received good support from the others. The operetta will be repeated this evening and doubtless another good sized audience will attend. A dolega- Ilipe tomatoes Spauldlng's. and artichokes at Spauldlrg's lioss Coffee always fresh.

Campbell, dentist, Is in town this Better than ever. Phone Main a. t28tf week. a tton from Winters will be in utleiu: ance this evening. Bnlow is the cast of characters aa tho musical numbers: Sir Bertram do Lacoy (tenor) (he Court Poet Miss Hagar Curtis William (bass), A Well-to-do Farmer p.

Ulanchar I'rjuee Tohbyttim (baritone) A man of.Consequence..Dr. .1. T. Gran Robin, A Country Lad Qrco Sylvia (soprano) Beti-othert to de I-nccy Miss linger Hetty (alto) Betrothed to William Miss Minnie Prlo Arabella, A Lady In Walling at Court Miss Virginia Crutche Arnminta, Her Sister Miss Cornelia Ilroune Molly, I'olly, Dolly, Farmers' Daughters, Friends of Hetty, Miss Delia Gage Miss Edna Winslow Miss Florence dimming: Chorus, Farm Lads, Farmers' Daughters, Haymakers Aet 1 A Hayfiold. A Summer morn ing.

Act Hayfield. Later in tho sanu day MUSICAL NUMBERS. Act of Haymakers, "Worl With a soprano solo, "If I Wei 1 Not chorus of farmers daughters, Tell Me, Have You Mot My song and chorus, Betty'am farmers daughters, "Mistress Daisy" contralto solo, "Though Love chorus of lads and lassies, "Oh Will You Meet Us at the song and chorus. Prince Tobby- tuin and farm lassies, "I Am a Man chorus of fiirmors daughters, "Broad and tenoi solo, "Forever Love, bass solo, "Tho Gay West Chorus of haymakers, "Come Out Into the Act of haymakers, "Come Sing and be chorus of farmers daughters, "'Tis the Time o' and chorus, Polly and farmers daughters. "Once a Little Aluet, soprano and alto, "If You Know of a Heart'; song and chorus, Prince, Arabella and Araminta, "A Pecullai Frame of Mind;" chorus, William and lads and "Betty, Betty, Where Are You?" soprano solo, "My Sailor Lad'; quartet, Sylvia, Betty, ile Lacy and William, "Oh, Silent final chorus, "See, the Harvest Moon is Shining." HOBOES DRIVEN Constable Russell Refuses to Accept Sacramento's Vags.

ft was a motley lot of vagrants, Chinatown hangers-on, tramps, hoboes and common drunks lhat filled the six- by-six dock In the city justice's court yesterday morning and listened to the words which sent them as exiles from the city or to the county bastlle for the remainder of the winter. All were told to vanish Into the tulcs of Yolo, across the river, and they went in twos, quartets and bunches only to be met on the bridge by Constable William Russell of Washington, who told them to get back Into Sacramento city without any and they again got. The crop of vagrants was gathered in from box cars, Chinese dens and cellars, down town saloons and on the streets. They all confessed to membership In the "Never Work Club," and make their scanty living by begging on the streets and doing odd chores for the Chinese shop keepers. One only, William Cook, was sent to the county jail, because he had appeared in Ihe court many times before and always refused to "floal." For Hie next six months he will he kept by the county and will do his shift on the chain Union.

PASSINGlF E. F. HEBENER Thought That Death Was Due to Blood Poisoning, Deceased Former Business Man oodlund and Married Mins Nellie Dietz. Mention was made In Thursday'. of t), 0 llc umt Fran) IMctii was hurriedly summoned to Sue rauiBnto Thursday inorniiig on accoun i)f the serious Illness of his brother-in law, Rugeno p.

Hebener. Word was received Thursday evening that Mi Heboner had passed away at o'clock in the afternoon. Krellenberg received a. telephone message this aftornoon from a Sacramento undertaking firm stating that the body would bo shipped to Woodland this evening. No Information re- griidlng the funeral was sent.

No definite particulars regarding the illness of deceased Is at band. It is own that he had been In poor health for some time and that for several weeks he been troubled with a carbuncle. It is rumored that blood poisoning hastened his death. Deceased was a native of Virginia, red -10 years, -1 months and 20 days, father was formerly proprietor of the Rogers Marble Works In Ibis city. after his death in 1S93 the, sons, and succeeded him in the msiness.

About two years later Will eft for the east, but Eugene remained ierc In possession of Ihe business until iliout five years ngo, when lie sold out the Rogers Brothers, ami moved to -Sacramento, where he was engngeil the manufacturing of extracts. About twelve years ago deceased wna nan-led in this, city to Nellie M. vbo survives him. He is ulso snr- 'Ived by one brother, W. A.

Hebener Spokane, Washington. Mr. Hebener was honorable and iprlght In all his dealings. Ho was a 'Odd citizen in every sense of the word nil Ihe news of his death camo us a hock lo his numerous friends In this Ity. After a.

heavy meal take a ronplc of Doan's Kogulols, and give your stoin- ch, liver and bowels Iho help they vlll need. Regulcta hrlng easy, regu- ar passages of the liowels. Imported Swiss Cheese, mil plelilos nd smoked salmon at Spaiildlng's feSIf TEA Why isn't everything moneyback? Everything isn't good enough. Your procerrrrlurna your money It you don't Schilling's Bunt: we pay Lim. LOCAL BREVITIES.

A blnrli dog lins been lost. Sec ail. In column. Tlioro will l)o 11 masquerade skating ami dancing carnival nl the rink Sal- urdny evening. Music by the Imml.

II. Kitto hns just received a fine Hue ot buliy bugles and folding beds, which ho utters to public at liar- Rain. fice his nd. rC, Sclinen- or Sacramento hna sent lils valuable riiclug mare, Mnrgaretto 2:12 hy Director, to Hntco Strong to be "inlod with Diablo. Tlioro has been it strong north wind for several lioiirs.

A sprlnklo of ruin foil Ults morning and the signal aervlcc predicts showers on Saturday. A. Hott, violinist anil leader of the Clunlo theater orchestra In Sacramento, will ho oviu- tills evening to nsalst the orchestra In rendering Iho music for the production of "Sylvia." About Jo minutes past 12 today tho flro bell sounded an alarm. Tho de- Dartmcnl resiHimled promptly for what proved to he tho linrnlng of a due In the White building on Main street. No damage resulted and the services o( the department were not required.

Axuomer Hoiiley, the prominent dl- n-ector of voice cnltnro, came over from Sacramento Thursday evening to witness (lie production of the operetta "Sylvia." lie expressed himself mucli pleased with the performance. Several of Mr. Henley's pupils were in tho cast and they acquitted themselves most creditably. Love Hakes the World Go Round. The thomc Is as old as tlmo.

but it Is ever It comes anil goes, yet it is always with us. Van and Williams have written a beautiful love song, entitled "U'lmt Makes the World Go Hound?" It Is the hit of the now Sam Bernard show ut tho Uroadwny Casino, Now York. The words and music of the song, complete, will bo given In the section of next Sunday's New York World. Tho City Laundry calls for and de- Ivors laundry. Leave orders at tho Ariel candy storo, telephone 1001, or with J.

A. Wood, agent. tf THE WAR ON SHEEP DISEASE Big Task Undertaken by Slate and Government, A Proclamation to Be Issued by the Cannot Be Done in Huriy. Work on the eradication of sheep scabies from the state will he started In a few days, and all preparations are nearly completed in the office o( the state veterinarian, A proclamation to bo Issued on March 1st will be presented to Ihe governor for signature today or tomorrow and a staff or assistants' put to work inspecting sheep throughout the state under the supervision of State Veterinarian Charles Keano. That the federal government Is thoroughly In earnest over the problem which confronts California stockmen and is fully cognizant of the depredations of the pernicious scabies bacillus is shown by the detailing of Dr.

H. H. Hicks, an eminent specialist and federal inspector, who arrived in this city yesterday from Salt Lake City. Dr. lllcks svlll handle the government's end ot the work in connection with the bureau of animal Industry of California, and will co-operate with Dr.

Keane In putting nearly seventy Inspectors to work and looking after the dutalls. He was in close conference with the atate veterinarian yesterday. (Continuea on Fourth Page.) Sale of ipring Hats Men's Black Derby Hats SI.50, $2.00 and $2.50 ISHIETS 95cts. These shirts "are the latest designs They come in Coat style with eufls attached or detached. Note window for patterns.

Rosenberg Co. Kvciy iino of them worth 12.30. A hat guaranteed to give s.itlsfac- tlon or money buck. I guaranteed to give satisfaction. I never use tin- less I know what I am talking about, and can make good.

It in mi hut. Thin ilocs not make it any better, but it rcniiiiiu-il for an Mnglisb firm to give you such a good hat at $2.50. I lulroilm-iiiK I his bat. It took nerve to pass it up to yon at Hut I KuliiR to many frlpjids for the saving store. Can I lose? We auiil Kimranli'rii.

Can you lose? I The Trade Palace White-Good-Specials We arc pleased to announce that our complete assort incut of white wash materials is NOW ON DISPLAY. We are showing a great many new ideas in and suitings all of The Vogue quality. The following arc a few: Plaxette Just like Sheer Mnen. -10 cents per yard. Lingerie Cloth For fine Waists, highly Mercerized, very soft, a beautiful cloth, 25c.35c Boo and 75c.

Persian Lawn 20c, 25c, 30c, 35c, 40c, 50c, 75c. English Nainsook 20c, 25c, 3(K-, 35c, idc, 50r. Shoer Linen SOo, J1.25, $1.50, J2.00, Pique and Dimity up. up. 'Mouseeline All the beauty of Organdie, but washes like Lawn, 50e, 60c, 75c.

Batiste An old name but.a new cloth, giving a fine Linen effect, 25c, 35e. 40c. India Linon 10c to 50c. Dotted Swiss Imported, and Domestic, all prices. Long Cloth 36 Inches to 45 Inches, 15c, 20c, 25c.

Persian Long Cloth PERSIAN LONG THE VOGUE The House" of Quality..