Sacramento Daily Union, Volume 36, Number 5533, 19 December 1868 — THE COURTS. [ARTICLE]

THE COURTS.

Supreme Court.

Friday. December ISth. Durf< c vs. PlaisteJ— On motion of Brown and film* stipulation, ordered that respondent have thirty days within which to file brief in answer. Wheeler vs. Farmer— On motion of Holi, ordered that respondent have twenty days further time to file brief. District Court— Jcdge J. H. McKcxe, presiding. Frioav. December 18th. Jn^ersoll vs. Tortell et. al.— Continued by consent. Riley vs. Warren— Motion for writ of assistance continued. Todd vs. Dray, Administrator— Demurrer sustained and leave Riven to anif :i 1 complaint in ten days. Winston vs. — Motion to substitute landlord as oefemHnt denied ; five dara allowed to answer; motion for judgment denied and five ) ,v- extension. People & Mayo vs. Doe G 8,066 el al.— Motion for writ of assistance withdrawn. Chan .'it vs. Howe et al. — Motion to strike out part of complaint denied, and ten days additional time from dat" to answer. Church & Hjwl?y v?. Coffee— Motion to dismiss attachment withdrawn. Gait vs. Dickinson et al. — Motion for writ of assistance continued. P. 11. Burnett vs. J. R. To'les et Motion to put | plaintiff in posse«sion .■ led without prejudice. _ Freemaa v?. H ;.ck:e— Demurrer to an-:wer an i mo tion to strike nut part of answer continued by consent. Msck vs. Wetz'ar— trader aivisement. Fiztr vs. ■-■■.! — Taken under advisement. Fnzer to. Ward— Coatinued. People & Encash vs. Coe G 524 et a!.— Motion for writ of assistance continued. Eli Mayo vs. Mizteiix — Motion for new trial overruled and stay cf proceeding! grimed till inner order ol Court. W J. Jones vs. D. W. Bar!— Judgment entered according to the prayer .1 the omplaint. William Mold] ■' vs. Feres Madden et al. — ITemurrer to complaint sustained with kave to plaintiff to file afiiJavits to amend complaint, and five days thereafter for defendant to file counter affidavits. .! lab Ames -.(•■!- <:. ■; 7:6— Judgment for plaintiff. Van Dorn vs. Burpe et ill- Continued. P. 11. Burnett vs. J. U. Tolle<— Motion for rew trial denied; bond on anpeal fixed at $500; stay of proceedings for twi atj days. Davis v.-. Davie— Decree of divorce granted and filed. Ciurt adjourned .until this morning at Dine o'clock Probate Court.— Jcdcb r. C. Clark, presiding. FcrDjtv, December 18th. Eitate of Robert O3el<!, deceased— Order entered authpriztoc; tbe sale of all the personal property of said estate situate in the county of El Dorado. E-itat* of Francis Garcia, deceased— William Sbattuck. admir.ls'rator herein, authorized to sell all the personal property of said estate. Chinese Testimony Excluded.— Judge Provine?, ot the Police ('our-, excludes Chinese testimony in the case in which it was sought to be introduced on the strength of the Fourteenth Amendment to the Constitution, putting his decision on the ground that the amendment in question refers only to citizens, and was not intended to interfere with or abrogate any of the rules of evidence established by the laws of the States Tbe language of the* amendment does not justify this construction, as we understand it. The first section of the amendment, alter stating who are citizens, and declaring that no State shall make or enforce any law abridging the privileges or immunities of citizens, concludes with these noble words: "Nor shall any Slate deprive any person [not any citizen] within its jurisdiction the equal protection of the law*. 1 ' Now the Chinaman whose testimony is excluded relative to a matter involving his personal safety, is a "person within the jurisdiction of the State," though not a citizen, and the refusal to take bis testimony for what it may be worth is a denial of equal protection." A higher Court than Judge Provines'- must be looked to tor such an interpretation of the amended Constitution as accords with justice and sound policy. Doubtless the same point will be raised at the Br t opportunity before a superior tribunal.— San Francisco Bulletin, De- i cember 15/ A. Oregon.— The Portland Oretjonian of December 9th has the following : We learn that rock containing, as is- supposed, silver, has recently been discovered on the Coin. .a, six miles above Monticello. When tested in a lorge the rock furnished ■ substance which galvanized iron, as is usual with silver- bearing i rock. A. <:. Phelps and George Gerty, cngi" necrs in the service of the Oregon steam Navi- ! gation Company, are the discoverers. a We lean from Captain Kellogg that the People's Transportation Company's steamer Onward ' made a trip this week from Coltax to Forest : Grove and back. The water, however, is very low and navigation difficult, though an immediate improvement is expected, the Onward will start again on Thursday for the same round trip. A large amount of grain is in store along tbe river awaiting a rise of water to enable the steamer to take it. Not lone since the Columbia river was visited by three whales, one of which came alonside of the wharf at Astoria and made himself visible to the naked eye several times before turning seaward again. Another, having beard, doubtless, of Webloot, came on up the river and has not since been seen or beard from. It is not often that fish of such magnitude get. into Oregon waters, though there are plenty of sardines and suckers here. The Presbyterian Society, San Jose, advertises tor proposals to repair their church from I the damaging effects of the earthquake. '