Ukiah Daily Journal from Ukiah, California on July 25, 1890 · Page 1
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Ukiah Daily Journal from Ukiah, California · Page 1

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Friday, July 25, 1890
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[Dispatch- Democrat — II AH— TH£ H CIRCULATION In Mendocino County. * -T HE 1 r Dispatch- Democrat! Of SNamtoe!no County APS i wnty .l VOLUME XXI. UKIAH CITY, MENDOCINO COUNTY, CAL., FRIDAY MORNING. JULY 25, laUO. NUMBER 43 DISPATCH AND DEMOCRAT. PUBLISHED EVERY FRIDAY, VK1AH. • • - JM .iVBOC7 .Ytl CO.. CAI.. By JNO. BUCKINGHAM, ilCnscaiFTION KATKS: One Yenr Bl* Month! ... l 'liree Mouths *2 SO ApVEItTlBlNO KATES: space. Monthly. Yearly. 2 Inch $ 2 SO $12 00 2 Incite! 1 S 75 18 no 5 Inches f. 00 24 00 4 Inches 0 2,'. SO 00 6 Inchea 7 2S M 00 r. Inches S 00 69 00 7 Incites 8 7.1 42 00 5 Inches !i f.O 48 00 P Inches 10 25 Li 00 10 Inches 11 00 (10 00 One-half column. 11 no 06 00 One column 15 80 120 00 Three Tnonths same rate ftp for one year. Two months 1V< times one month, Less Uian one month $1 per Inch for first Insertion. 50 cents per Inch for each subsequent Insertion I-egal advertisements $1 per Inch lor ench insertion. Specified position 25 yie cent. extra. The above are net figures. PROFESSIONAL CARDS. J. Q. WHITE, lllslrlvt Attorney mid Attorney n» law, Uklah City, Mendocino Co., Col. OFFtCF—In Court House. Will practice In all state and Federal Courts. 1-lltf J. X. MAXXOX, Attorney nutl Counselor nt l>w. TJkiah, Mendocino County, Cal. Will practice In all Courts of this State. OFPICB—In Masonic Hall hulldlug, corner of School and Perkins Streets. 1-11 f. J. A. COOPER, Attorney and Conuvelnrat Low, Uklah City, Cal. Omen—lu Odd Fellows' Bull Hng. Will promptly attend to all business Intrusted to his care In nny of the Court* of this Slate. 1410 YELL & SEAWElt.. Attorney* "aiul Counselors at I.nw. Ukloh City, Mendocino Co.,Cnl. OFFICE—In New law Bulldlni?, west of Court jiouse. Will practice in all Courts of this State. (l-7tf. T. L. CAROTHERS, Attorney mid Counselor nl law, Uklah City, California. Office In New Law Building, west of Court House, Practices lu all State and Federai Courts |4-ltf S. C. POAQE, Attorney at Law, tTklah City, Cal. Special attention paid U» Probate business, Will practice In all the Courts. JAMES E. PEMIEK'IVX, Attorney and Counselor HI I .nw. LansiuuSt, Mendocino City. Will practice in all the Courts of this State. l-7tf. J. K. CUAUREUS, Attorney and Counselor at Law, Covelo, Mendocino Co., Cal. Practices In all the Courts of this Male. U'. X. MOORE, M. D., Physician and Surgeon, Uklah City, Cal. |0f#*Office In Old Law Building, corner of Beuool and Perkins streets. J. I. BOXn, .V. D., Ptiynlclun and Aiirtteou, Uklau City, Cal. OTTICR—On west sldo of Court House, In Hegor's building. GEO. If. STOUT, M. D., I 'liynlclH ii and Nuriieon, Uklah City, Cal. OPFICB—At Uklah Hotel. 12-21tf. -A- M" F. BRUNNER'S Well stocked ESTABLISHMENT The Largest Assortment of Builder's Hardware, Mucbnuic'f) Tools, Manu'», Hunt's find Ilurrt's Axes, Iltu -Vt 'y Peace Hand and X Bawa, Pruning Tools, The Imperial Plow, {Vest FI QW in the World.) —ALSO— Tho Bnckeve Combined Harrow and Seeder, The Buoki-ye rump, The Buckeye Wlud Motor. Tuo Bridge, Bench & Co. Superior Stoves and Kiiiigep, The Adams <£* Wosthike Mouuroh Gasoline Halites, and a hmiilrtMl nu «l one Uklutrv uruituienlnl HU «1 usi-fiil, AT LOWEST RATES. s=<m.—... FASIIIONSnuDSTABLEii Op|to»lte ttaeurand Hotel, State Street, - • Ukiah, Cal. SMITH & HILL, Proprietor. OJ ^Good Turnouts for hire—Double and SIutrie teams, aud fiaddlo Homes. The best of care given to transient stock. Teams rum.shed with or wirhoul driven). Your patrouuye is HW* Melted, aud satisfaction guaranted. 9-7tf. I). K. SANFOKD. J. M. SANFOAD. NEW SHOP NEW PRICES IS Will 1101 BE mam For Best Meats and at Lowest Prices don't fail to call on SANFORD&SON, Opposite ths Post>Office. State Sheet, - • Ukiah City. L. EDWARDS. B. EDWARDS. EDWARDS BROS'. J. W. HVVSOX, M. D, Physician and Surgeon, Uklah, Cal. Office: Northwest cor. Standlcy and School pts. Ruoms at A. O. Carpenter's, State st. l-12tf U. T. MASOX, M. V. Physician, Murgeou aud <lyiie«olo«-l»t. Sau Franc^co, Cal. Telephoue So. W48. 510 Hnyea Street. Makes a specially of Diseases of Females and all diseases of the Stomach aud Digestive Orguux Meat Market, ^Jflp^Wo wish to Inform tho public that we Im VP opened a meat market in the building re* cently occupied by B. Marks i Co, where we will continually keep on hand the very choicest meats to be found In the market. Meat delivered free to all parts of the city. Kemember we are here to stay. EDWARDS BROS. H. B. SMITH. R. E. DOKOHO&. Smith & Donohoe iSuccessors to Duncan * itralth.) Searchers of Records, 0(llc« with C'ouuty Assessor, URIAH CITY, • • CALIFORNIA Abntraots made and CoDveyancluj? Done. Agents for Klre Association of Philadelphia. Reft-r by permission to: Robt. MeOarvey, Superior Judge; M. li. Paxton, Cotmty clerk: Thos. I.. Carottiers, liso,,: II. A. Peabody, Editor of IIISIMTCII. 12-7tf. H'. //. HOdSIlKAD, D. D. S. It K-NT I NT. Uklah City, Mendocino Co., Cal. OrriCB—West of Express OSlce. (las .idinlu- lBU-red. l0-2ltf. Il'Jf. .If. PEEK Y, Real Estate Agent, Conveyancer and Soaroher ot Records, Cklah, Cal. CtUce with County Clerk. All business entrusted to iny caro atteunnd to promptly. o, .1. ovEUiiErsn, ItiiiaiRtile mid lollvetor Uklah City, Cal. Or-rict~-Opposlte DIBFATCH ofllcc. Prompt attention given to all business entrusted to my care. f. M. .VASV.\, Arohltnot and Builder, Uklah Oily, Clll. Plana, Specifications and Estimate* made to order. Will contract for all kinds of buildluus, to furnish mawi'lal, or othctwise. Sdtlifacliou guaranteed. ntlit, WHirTRN • THE * tilDDLCR, NSST Uaon TO liXritB»« OprtcE, Uklah City, - - California. SUBSCRIBE lh« BEST LOOAL l*Al tor tho "MkNPOCiNO D|»_ l-ATCH ANIl UCHOCHAT," _ PAPER published in Mcudo- o County. All U>e local, irecaral, and market vk slttu «*rti.w»*k. Iund let sudplt coyr Mendocino County Abstract •: Bureau! And Land Title Office, School St-, adj. Christian Church, UKIAH, CAL. Sole proprietors of Durlee's SelfCorreel- iuK dvst«m of dediiciui; Laud Titles. Ouly com plote abstraots of Meudocluo County. Searchers of Hooords, Insurance and Loan Agents. SUHVE7IKQ & CWVCTANC1N0 SFSCIALTDiS RICE * BALTZELL, 4-201 f. Proprietors. Appledale Nursery, Seutt's Vullcj, Luke Co., Cal. Offers for the season of 1880 a choice lot ot At rsasci<i«bl!i ptlces. Fruit Growers end others duslrliiB i«ei »'•« Invited to call and luipect thctu at thu Nurserj', or send for price list. All (loch ariiiiranteed to in) ire* front I nunc to aud du«m»«. Address E. f.WRAY, I-akeport, Cal. »-20lf A WEAK MAN Can now cure himself of the deplorable results of early abuse, uuil perfectly renlore his vl)ji»' ami vitality hy the (lrcat Australian ltemcily. The reiuiiraiihlr eurraot hopeless cases of Nervau* Uetslllty and frfvate <OIU|IIHIIUN urn everywhere stcutplUK t>ul C|»ackery. The Medic!:,o, a physician's gift to sulltrliiK huniauity, will heiwui free to tuoae alllicliMl. . Addmn, Dr. M. B. T AYLOR, 28 tW ilarkat Street, Suu frknaUM J.R.MATHEWS' CITY PHARMACY! North Side of Court House, Stand!sy St., Ukiah, Cal. (j. W. Parker, FINE DRUGS AUD MEDICINES. Choice Perfumeries. Fine-Toilet-Articles! Pure Chemicals and Pharmaceutical Preparations. Patent Medicines, Cigars, Etc. -) ICE-COLD SODA WATER.(— X*llllx&g Presoriptionia it Specialty. New Hoods! Finest Quality! Low Prices I MERCHANT TAILOR School Street, Ukiah. H AS A LA1UIK AND SELECT STOCK OF THE finest Bonds, both foreign aud domestle, which he v/ill make up at bedrock prices. A GOOD KIT QUA RAN TKKI >. Give him nu early call, make your Belecilons, and secure a perfect fit, whereby you T*'111 be presentable at all times. ft I ale direct, lkl»h. Have the largest und best stock o.f WHERE \M \0(I (.Oil For Health and Pleasure THIS S«GR, The great mass of snow in the WierrH this year will give the waterfalls of the Yoaruiile u splendor ne\er equaled before. The Mmit*?, fuireit spot iu California, Invites you. It Is not expensive. Ever cai.iped in the smiftH 4'rus Muutit* Hi OH ? If not, you have never Jlvnd. If yon vvanl tusi-c n a lure's noblest handiwork, visit"wrand old ^»o«-i*ro»iMil siinaiH. And tliere Hiv H.nki-ri,—T'ih(-e, Is ./ii :;••[•, Iiidc- poudeuce' Wt-nbtff antl others,— ,\i»ere there ure ibp pur-.'.-it air and the Hsblug and boatiug in. I.IK* wi .rid. Oi conrna you remembr-r in Mouicn, Louie lleui'li aw} SmitH Hnrlmra. Looking for hiipinis*? There-are the iliHWrs, Napa Hoilu, White Sulphur, Haillnti, Byron, j-t'.tiia, IliRhVu-ud, Klamath, Congress l'a«a Hobles, Clilroy, i'araitio, Hhasta Soda and ottiew. ASK FOR THE SOUTHERN PACIFIC COMPANY'S FAUrilLLT, " CAUPOJtNlA'H HKSOh'iS." Furniture and Carpets EvEtt Bnouoit'r TO MENDOCINO CO. Bverthing appertaining to a first- clais furniture establ iskment constant ly on hand. Buying for cash direct from the manufacturer we are enabled to sail at Ran Francisco prices. Call and be convinced. Terms Strictly Cash. ttVOur undertaking department is therottghly equipped. Orders iu thu line promptly attended. LANE'S SPRINGS, Etimoi Valley, Ikiitra Uy, Cal, FOURTEEN MILES NORTH OF UKIAH. fJOUA, IHOV MAUMEKIA, M'l.PIIlK, A SIO tl'I'IlEH WATim Best Camnlue Grounds In the Conpty. Water, wooil and grounds free. Good pasturage tor horses at moderate rates. si-im T. A. LANE, Prop. C. E. TRYOSM, Genera! Blacksmith! Corner ot Slate aiul Slf.icmon Street*, mljoiil- lug Kentucky Stabltt, Ukiah City, Cat. Everythlim iu Calllornla worth string Is ou the Hues of the SOUTHEUN PACIFIC C0MPAXY RICH'D OKAY, T. H.UOODMAN, Urn. Traffic Mnmu)tr. d'at. faeit. Atjt. SAN IK A.N CI "CO, CAL. RAILROAD LANDS! 8\»r KHie OU ItoiiHonnhlo Trrmi. For Lands In Central and Northern California. Oregon, NVvnda and t'tah, apply to or iul- dress \V. II. MILLS, Innd AKI . C. P. K. U. San Francisco. For Lands In Southern California, applv to or address JKKo.MK MADDEN, LandAgt, ti'V. R.li •IU ban Krauclsoo. Do lot Ue Chinese or Tenement House Made Cigars. THE UKIAH Gigar Factory! MAKES THE FINEST CRADES OF CICARS TO BE FOUND ANYWHERE. Only the choicest material used and White Labor exclusively employed. Cigar dealers, do not fail to give our gigars a trial. Your patrons will be delighted with them. Ukiah Cigar Factory, PAUL BALER, Prop. Carriage and watrou niaklu?, shoeing aud Kcueral blacltsinlthlug done. Agent for the DcifrliiK Moncr.Self DiimplnprKakcs, Mitchell Wagon, aud other farm machinery. R-'ilif. Washing and Ironing! Ah Pooli's \Va>ii »;iSi, Cor. 1 'biirch an,i hl«vciiNOii •*!«., IlklKli. FOll SALE I i A AND 20 ACRE TRACTS OF RICH BOT- 1 \i torn land for sale lu Little Lake Valley. Subdlvislou* of the II. L. Norton HOME RANCH. Easy, terms. Apply to II. 11. MUIH. Wllllts, or II. L. NORTON, lo Cal. 81,, 8. V., Oal. Having purchased Sinn Loe's wash-house I rcspectfnlly solicit the pntroiiugeofthc iiulillr « ashing. Ironluu, aud lluliug dunu with neat nessand dispatch. IHWim.l AH POOH. When you buy a Piano or Organ of a traveling agent, you not ouly pay hit expenses and wages, but a big profit on it besides. Save these expenses by buying your instruments of 8am I. Moore, Ukiah, who is agent for ihe leading makes and who, owing to his special advantages, is enabled to tell them at a small advance on wholesale prices. i flpedalitt _ „ ~*e?>&*ii iwi«i»aiSitrstutti'iS .MMkt, is , -J, rlitiuVBulUuni tin ouradi pa pMo or risk, Br. AlkloU«»iiil»r,»»llBtl&,^!lW:maiiu!tliUoou Aaia 1 ! Bf|ls«l« Hani V.sfc K,'ull«cCiicaku: INTERNATIONAL! TYPEWRITER. X Htik'tly Hrnl.-f!&w ri:ac.li!r.c. Folly waminirtl. .Miulo l'rom very best m»to- rial, hy ncillnd workmen, mid with the lieHttoolH tluti have ovnr been tievliied for the purprwn. Wanniiiotl to do all lliati'an bo reiisoimbly oxpoctod of the very be«i.typewriter«xtiint. Cinpablooi wriiini{ Hit) wurttti per minute— or more— uccordiiiK to Hie ability of the operator. PRICE, - - 9100.00. If iiiorc is no numit In your town, ad- UroKs tbo ninuufui :mr«rH: THE PARISH WF'Q CO., Aiiailt Wauled. foiftn, .V. Y. STENOGRAPHY and TVPE- WP.ITINti FRKE. First-clsss fat 'lliiiflH mid best of teatihem. AddioBri, with stamp lor return pottage. THE PARISH Mi-"G. CO. Parish, N. Y. JtJDfiMENT AFPIKMED. A1IDREW 0I.ARK MUST SEEVT! OUT HIS I'fJLL SENTENCE. The Btipreme Court Sustains the Lower Court ou Kvnry Point lu the Case of The People, vs. Clark. The appellant, Andrew Clark, who was charged with the commission of the crime of murder, ami \\?.s convicted of murder in the second decree in the Mendocino Superior Court, biinsja thiH appeal from the judgment and the order denying a new trial. At the trial the defendant admitted that he killed Garrett Fitzgerald, but en- deavoredto show he did it in necessary self-defense, The evidence discloses that the homicide took place in the mountains of Mendocino county, where both the defendant and the deceased were engaged in stock-raising. The deceased, with his sou, step-son and another man, wore driving a band of about 200 cattle upon or near a tract of land claimed by the defeudant, upon or near which the defendant's cattle were then grazing. The defendant, who came up with another man, endeavored to prevent the cattle from being mingled, aud said ha had a claim there, and would m-t permit Fitzgerald's ORttle to be driven on it. A quarrel between the deiendant and Fitzgerald thereupon followed, from which the other men field themselves aloof, except as hereinafter slated. The defendant and the deceased were on horseback at the time; the defendant was upon the better horse, and had a Winchester rifle, and the deceased had a stick weighing about twenty ounces, which he was, when interrupted hy defend! nt, using in driving his cattle. The deceased advanced upon the defendant three times, brandishing his stick in a threatening manner; from each advance the defendant retreated, and at the same time pointed his rillo at the deceased and cailed upon him to stop. During tho whole time they were using scurrilous language toward each other. Between the aecund and third advance the deceased mado he turned around to his son and stepsnu and asked each for a pistol, but j did not obtain one. The testimony of the prosecution tended to show that the third time the deceased made an advance ho stopped within about fifteen feet of the defendant, upon the hnter pointing Jits ritifi at him and commanding him to slop, and that aiter he had come to a full stop and was at a safe distance from the defendant, the latter deliberately shot him through the left breast, and then rode away, but afterward returned and got tho stick the deceased had threatened to use. ^nd it further tended to show that the killing waB done upon Government land. While the testimony on the part of the defense tended to prove that tho deceased on his third advance upon the defendant did not heed the command of the latter to halt, but rode rapidiy toward him, and when they had come together, the deceased struck at defendant with his stick and missed him, but struck the defendant's horse in front of ihe saddle ; and upon lifting the stick to strike a second blow the defendant raised his gun and shot him. That each time tho deceased rode toward the defendant the son and stepson of deceased would ride up a certain distance, but took no further part in the diltkukv. And that the killing was done upon the claim of one Bainbridge, of whom the defendant had obtained a lease of it for tiie season then current. The Jury were tho sole judges of tho credibility of tho wtteenses, whose testimony tended to cstnblish either of these positions. They might have based their verdict upon the position assumed by the defendant; but they having found that of the prosecution to be the true one, the verdict cannot be disturbed, unless some of the causes urged bv tbo defendant for a reversal can be sustained. Tbo following rulings on tho evidence are assigned as errors: The son of the deceased, who hail testified, in chief, that he was helping his father drive his cattle aud that they were being driven in the direction of a place where the defendant had some cattle, was asked this crossquestion: "Well, is it desirable, is it not apt to give rise to trouble or dispute, or embarrassment, in mixing cuttle together in tbat way ?" To which an objection WIIH sustained upon the ground, among others, that it called for the opinion of tho witnoss. This question was propounded upon the' theory, which the defendant claims ho tried to show at the trial, that the deceased, with his son and stepson, conspired together to drive him, by violence and intimidation, from tho mountains because ho was pasturing stock upon land which they had used for the siimfl purpose before he caino, and was thereby limiting their stock range, and thai the cattle oi deceased wore about to be mingled with those of tho defendant to provoke a difficulty. Wo Ihink the Court ruled correctly in sustaining tho objection on the ground stated. Tho question called for an opinion or inference, which the jury alone were competent to form upon or infer from tho facts in ovidonco, Subsequently and during tho cro»n-ex- Hmiuation of the »ainu witness, the following question was propounded: "Did you know that Clark WHS endeavoring to prevent these two bands of cattle from mixing?" To which the proRec'ton objected upon Urn same grounds us the preceding one. The Court Hiislained the objection, uml nt tho sf.me time said: "He can state what ho en id aud what he was doing." I( this ruling was erroneous it was cured by the answer of the witness, who said: "It looks very much like Clark was trying to keep us from drlsiug cattle down in that direction. He got ahttHuoi our cattle." The mUug next objects* to is oue ad­ mitting the testimony of Charles Yates, who said ho had experimented with a Winchester rifle, 44-caliber, and found that fifteen foot was the farthest distance It would "powder-mark" clothing when discharged at such clothing. The objection to this testimony waB that it was immaterial and incompetent. The rifle used by the defendant upon the deceased, who was in his shirt-sleeves, without coat or vest on at the time, was a Winchester, 44-cnliber, and that no powder-marks were found upon the clothing or body of the deceased after being shot, does not appear to have been disputed. It was, therefore, mnterial and competent s» tending to show, aa claimed by the prosecution, that the shooting occurred while tho defendant and deceased were at a distance of about fifteen feet from each other, and not, as claimed by the defense, that it occurred while they were in a few feet of each other, and near enough for the deceased to strike the defendant with his 2(J-ounce stick. This same witness afterward testified that his experiments showed that powder-marks would appear upon clothing when fired at from a distance of ton feet. And another-witness who was familiar with the use of firearms, and had experimented in other cases, said : "From my experience and from what I have done I can testify as a fact how far n 44-caliber Winchester loaded with ordinary shell will powder-mark clothing. It deponds upon the color, so far as that is concerned; it shows plainer on light clothing; I think it will powder- burn at eight feet on dark clothing or nny kind of clothing; it shows a foot or two further on light clothing; it shows eight feet on dark clothing." (Fol. 153.) When Bninbridge, irom whom the defendant leased the claim for pasturage purposes, was being examined in chief for the defendant, the following occurred: Q.—"Do you know whether or not any of Kelly's cattle, any of Fitzgerald 's cattle, had ever boon driven over on your claim before that?" Answer—"Yes, sir." Q.—"When?" "We object, as not material." The objection was sustained. The ruling was, we think, correct. A former trespass upon defendant's leased iand, it is clear, would not justify him in killing the deceased. If the testimony was to prove that it was an net done in furtherance of the conspiracy above mentioned, there was no offer to connect it with other evidence that would tend to establish such a conspiracy. The defendant having failed to make an offer, tho evidence, winch was apparently immaterial, was properlv rejected. (See Mc- llarrity vs. Byington, 12 Cal., 426.) Again, when tho defenso had reached its side of tho ense, it tried, for the same purpose, and also to show threats by the deceased, to elicit froo) W. Hoxio, a witness for tho defenso, that prior to the killing the witness had been instructed by the deceased to drivo the sheop of the latter upon the Bninbridge claim, and that witness thereupon told the decsascd that he had been informed by Clark, the defendant, that tho latter had rented the claim and did not want the sheep driven on it. Tho Court excluded this as irrelevant and immaterial. Tho counsel for the defendant, however, said to the Court that he desired to explain why he offered it, but the Court declined to hear it, saying that it was satisfied that it had ruled correctly. We see no error In this ruling. The evidence was irrelevant; it did not tend to establish the conspiracy alluded to, nor did it show any threat against the- defendant. Tho same witnoss subsequently said that on Ihe occasion referred to, the deceased made no threat against Clark. The Court seems to have admitted all [the evidence offered in the cn«e that tended to show threats by either tho defendant or the deceased against the other. It may bo well to remark in passing that the evidence viewed aa a whole, and in the most favorable light for the defendant, Joes not show any conspiracy between ttie deceased and his son^and stepson. The first was the soie owner of the cattle and the others were employed by or were gratuitously assisting him in herding thorn. During the rtvcxaminaUon of Bainbridge for the defense, an objection on the grounds of irrelevancy and Immateriality was sustained to tho following questions: "Did Mr. Chirk go to Round Valley as fast as he could to the officers?" Tho defendant claims ho should have been permitted to prove the fact called for, in order to meet tho injurious effect of the testimony of the Btopson of the deceased, which tendod to show a guilty flight on the part of tho defendant. On this point that witness said: "On tho day of the homicide, in addition to those I have already mentioned, I saw Frank Knight, lio was about sevunty yards away. I saw no one else. I did not seo Archy McCauloy nor Bninbridge; I know both of thorn. Clark said nothing after the tho shooting, hut rode away; T io did not stop to assist in taking caro of Fitzgerald; he turned his horse around and looked Ht him and rode off. » * » After tho killing Clark rodo back and got tho stick." This testimony did not tend to establish ii guilty flight, nor was there any iiltdiit mado by the prosecution that it did; therefore, under the rule thnt » defendant cannot give evidence to account for his flight unless the prosecution prove the flight as tended to sh<tw his guilt (Whnr. on Crim. Ev., See 752, 9th Ed.), the ruling must be sustained. Beside, the defendant in* his testimony gave mh- stantinlly the same account of how he rode A way and afterwards returned for tho stick. Tho defendant in his testimony said that, some lime before the difficulty, while he was driving bis cattle up into the mountains, he met Mr.. Masterson wiih his tiock cii sheep, and luey had a con vernation regarding h is—defendant —experiepce in, tbo mountains wherein 1* said to MstoMcmi "I told Itim Kelly had stole one from me, but I ex- pertod to prosecute him when I got over there, to beat him through tho law; if I could not beat him that way, I would beat"him nt his own game, I would steal two for one; that was just the remark that was made." Ho wah then asked: "Was this conversotion about stealing two for ono, I will ask you if it was intended for a joke?" An objection of the prosecution to this question was, it is urged, erroneously sustained. Even assuming that the defendant mount what lie said to Mnsterson respecting Kelly, who is the person referred to herein as the step-son oi deceased, it could only have, at most, shown the defendant's animus toward Kelly, which was clearly irrelevant. The Inst objection to the rulings oi the Court upon the evidence is to that where tho Court permitted the witness Masterson, in rebuttal, to repeat a portion of what lie had testified to upon his examination in-chief for the prosecution. This was a matter that was within the discretion of the Court, which we think wns properly exercised in admitting the testimony, especially as the Court said it could not recall, at the time, whether it called for a repetition of his former testimony or not. Certain exceptions to the instructions were reserved. It is contended that the C»urt erroneously modified tho eleventh nnd twelfth instructions (folios S2-&4), given to the jury at defendant's request. The only way in which these modifications are attempted to be shown in the record is by the repetition of the last sentence of each instruction below the signature of the trial Judge to each of the instructions, without any indorsement of the trial Judge on either of the sentences to show whether he added them to the instructions under which they respectively appear. The action of the trial Judge in modifying instruction!:! requested by either party to be given to the jnry must be shown either by his indorse­ ment thereon or by a bill of exceptions. (Penal Code, Sec. 1, 176; People vs. Thompson, 28 Cul., 218; People vs. Martin, 32 Cal., 91; People vs. Tetberow, 40 Cal., 287; People vs. January, 77 Cal., 179.) Hence the moditlcatiens complained of not having been shown in either way, the defendant cannot nvail himself of them on this appeal. Furthermore, an examination of a certified copy of the instructions complained of, filed in this Court by the respondent, does not disclose either of the sentences referred to that appear in the printed record here. Thoy must, therefore, have been inserted by the Clerk of the trial court under a misapprehension of what constituted tho record on appeal under Section 1,246 of the Pennl Code. It is clear, as was said in People vs. January, tupra: " The Clerk cannot give verity to what purports to lie the instructions given or refused by inserting them in tho judgment-roll. He 1 B not in a position to know at all times what action the court has taken; and were it otherwise, tho power of verification is not, and should not, for many and weighty reasons, be vested in him." But, although the modifications cannot be reviewed for the reasons stated, we shall see, however, when tho instructions are considered as a whole, that the modifications did not make the instructions erroneous. The Court, in addition to the instructions given st thetreqnest of the prosecution and the defense, gave certain instructions of its own, among which is the following: "If you believe that any witness has will- fullv testified falsely to any material fact, it is your duty to discredit him. Now I emphasize tho word willfully —a witness may by mistake testify falsely to n material fact, and you should not certainly discredit him if you believed it to be a mistake—-if he intentionally and wilfully testified falsely to a mnterial fact you may disbelieve and disregard his evi- donce entirely. In making t!)9se remarks I do not mean to be understood .that any Witness hn« testified falsely—it is for you to say." This instFUctivm is tixcepled to because the word "discredit" is used instead of the word "dwlrtiBt." By the use of the word "discredit." appellant claims tho jury in effect were told it was their duty to dbcard the evidence of any witness whom they believed had testified falsely to any material fact. The verbs discredit and distrust have substantially tho same meaning. (See Webster's Diet., Anderson's Law Diet., Abbott's Law Diet.) Read in this light tho instruction complained of is in effect a compliance with Section 2,061, Subdivision 3 of the Code of Civil Procedure, which provides "that a witnoss false in Ono part of his testimony Is to be distrusted in others." By it the jury were told that if thoy believed that any witness had willfully testified falsely to any material fact, it was their duty to regard such false testimony as sufficient to impeach and render less credible other portions of his testimony; and that they might disregard tho testimony oi such a witness altogether. That the jury have an undoubted.'right to reject all tho testimony of such a witness in a proper case, necessarily follows frum requiring them to distrust It. (People vs. gprague, 63 Cul., m. The retraining exceptions to tho instructions are urged upon the ground that the Instructions to which they severally relate do not contain the proper limitations and condition* required by the {acts. But whila some of lh« in« atructlons may be defective in this re- spsct) all the instruction*) read and con-' stdered together as one charge, without straining tht!> language, show fair,: 'harmcnloM and cor^tfttotsttfent of the law applkttble to the hots'/of and ootittlttWaH the oc^iildw ' niivM^-. repeatedly held to obviate tho objections mentioned. (People vs. Doveli, 48 Cal., 93; People vs. Nelson, 86 Cal., 77; People vs. Gray, 01 Cel., 164; People vs. Morino, 61 Cal., 367; People vs. Hntndo, 63 Cal.. 288.) We are unable to perceive anything in this case that would justify a reversal, and therefore advise that the judgment and order be affirmed. GIBSON, C. We concur : BELCHKR , C. C, VAKCLWF , C. THE COURT. For the reasons given In the foregoing opinion the judgment and order are affirmed. Food For Baflectlon. The Chico Enterprite stirs up its readers upon the subject of crying "dull times," from the beginlug of the year to the end thereof. For the benefit ol Ukiah people who incline the same way we reproduce some pertinent questions asked and answered: Have our fruit growers and farmers been idle? No. Have any of our banks suspended? No. Was not the volume of business from July 1st, 1889, to July 1st, 1890, greater than it was from July 1st 1888, to July 1st 1889? Yes. Wait not there more building and more general improvements throughout our town in the past two years than there was in the two previous? Yes. Well then, admitting all this, where is the basis of the cry of "dull times." If a stranger comes here o'li-ii a view of locating, will he want to settle down in a place where the cry of dull times is proclaimed? No, indeed. People have a right to rest, a right to enjoyment, a right to go abroad, a right to take a vacation from school. Conceding these rights to all who may wish to enjoy them, it is bad policy for any one to cry aloud about "dull times." We have every thing here to make times good and nothing to make times dull. If a man will not spank well of a good country—especially whou he has chosen it for his homo—he is poor stun" for solid business in any country. Whiuers nnd croakers and those who are waiting for something to turn up, never yet reached the rank of good citizenship. The Fairs at 1890. We give below a list of the fairs ot the year which have been complied tram ail available sources and regarded as reasonably complete, lone (26th Dint.) Aug. 541. Los Angeles (6th Dist.) Aug .4-9. San Jose (6th Dist.) Aug. U-16. Willows, Aug. 12-16. Napa (25th Dist.) Aug. 18-23. Red Bluff, Aug. 19-23. Nevada City (17th Dist.) Aug. 19-23. Petnluma (4th Dist.) Aug. 25 -30. Chico (3rd Dist.) Aug. 20-30. Plncerville (8th Dist.) 26-30. Oakland (1st Dist.) Aug. I-ti. Marysville (13th Dist.) Sept. 2-0. S. L. Obispo (16th Dist.) Sept. 2-6. Auburn (20th DiBt.) Sept. 2-6. Cal. State Fair, Sacramento,Sept. 8-20. Oregon State Fair, Salem, Sept. 15-20. S. F. Mechanics Inst., Sept. 18 Oct. 26. Nevada State Fair ,Reno, Sept. 22-27. Stockton (2nd Dist.) Sept. 23 Oct. 4. Rhonerville (9th Dist.) Sept. 88-26. Quincy (11th Dist.) Sept. 22 . Lakeport (12th Dist.) Sept. 23-26. Independence (18i.h Dist.) Sept. 23-26. N. Pac. Indus., Portland Sept. 25-Oct 25 Bishop (Eastern-Slope) Sept. 23-26. Fresno (21st Dist.) Sept. 2«tu-Oct. 4. Watsonvilie )24th Dist.) Oct. 1-4. Walla Walla. Oct. 6 -11. Visalia (15th Dist.) Oct. 7 -11. Escondido (22nd Dist.) Oct. 14-17. Santa Barbara (19th Dist.) Oct. 21-25. Salinas (7th Dist.) Oct. 30-Nov. 4. Strons-.Xlndsd Woman. Max fPReli,' the well-known French correspondent, in a letter to the New York World, gives his opinion on woman's intellectual abiUty in tiie following language: 1 only hoDC women will no more think oi Imitating Miss Fawcett's exploite than mendidof imitatingCaptainWebb's when he swam across the Channel. She may have proved that Women's brain 'is not inferior to man's (a fact which nobody doubted), but a hundred lady wrau- glers will never prove that woman's mission in tho world is the same as man's. In the anitiTst kingdom, starting from tho lowest organisms, where you find the difference between the mate aud female hardly perceptible, the further ytw go ! top the scale the more accentuated becomes tho difference between the stexes. In man and women the dissimilarity is moat marked, The more womon neck to resemble man. tho further they will remove themMlve* from him. Electric fluids of the aanWa name repel one another; eloeWo fluids t»< opposite kinds attract ench oilier, Moniro/ the women who have made a great name for themselves by thoir brain-work have been so many good wives, and m<Stnimr . lost to the world, and in these dajru'.iit' cheap and noisy notoriety especially 1 »'wS».# ere the words of the poot of MthiNitwi: who said, that "the t^t:U-ikmip''iitm~ thotw the world heard least of.!' -y, Mnny oi our fsrmers jtell 'tis yield of grain in «!* valttrrtfj^tf about e<i!»liu *9\fretoW*MF&J WMUWH, while, the quality, ki" or. While, of course^ (Duct Is not up to .the •Utriaj^ Mt ft be mac)) l «t^ thM

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