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Show WALKER vs. ROGERS. Siting: Hi Sonln.Law for the Value of IIoKseliold Goods. The Buit brought against Mr. L. B. Rogers by his father-in-law, D F. Walker, for the recovery of certain household house-hold furniture, in regard to the ownership owner-ship of which there was unpleasant dispute dis-pute last fall, was commenced in the Third District Court this morning. Before Be-fore impaneling a jury Mr. Walker's attorneys, at-torneys, Judge Hoge and Arthur Brown, applied to the court to have that part of the answer, or counter-claim, stricken out as irrelevant which made reference to the assault bv plaintiff on defendant's wife, and the alleged damage to the property prop-erty during plaintifTs attempt at removal. re-moval. The clause was ordered stricken out. A jury was impaneled, and the case opened by Mr. D. F. Walker, the plaintiff, taking the witness stand. He testified : During a visit to California last fall the defendant had removed from my rooms at the Walker House a bedroom set of furniture and a piano. I missed them immediately on my return, and learned that Mr. Rogers had taken them. Cross-examined The piano was purchased pur-chased some four years ago and kept at my residence until I moved to the Walker House. My daughters used the instrument. It was not purchased for my personal use only, as I enjoyed music and. was fond of listening to the girls' playing. At the time it was bought there were three of my daughters at home Mrs. Rogers, " Sara and my other daughter, who is now at boarding board-ing school. I did not have a wife living at the lime. The instrument was not presented to the girls as a gift; it was used by all three of them, mostly by the youngest one. The set of furniture was bought at San Francisco some twelve or fourteen years ago. I ordered it made for my house at the same time I ordered a dining-room set. Am not sure that the bed-room set was ordered. I have no recollection of stating that I had bought it for Mina and her sister. My brother Robert purchased a set . at the same time for his daughter. My furniture was placed in the girls' room and had been used by them. The set cost between $350 and $500. After Nina married Mr. Rogers the furniture remained in Sara's room and j was afterwards placed in her room at the Walker House. There had been no controversy con-troversy over the furniture or piano. On my return from San Francisco I found the furniture at Mr. Rogers' house ; there was nobody at his house when I called but Mrs. Rogers, so far as I saw ; when I demanded the furniture she said I should not take it in Sara's absence. I had rung the door bell and knocked, but found the door ajar. Re-cross-examined I fitted up seven rooms at the Walker House. There were other articles of mine in the two rooms occupied by Sara, and some furniture belonging be-longing to the hotel. Excused. J. R. Walker testified: The set of furniture referred to was bought in San Franciseo in 1878. 1 had occasion to visit California and took with me my own daughters, Miss Emma, and Miss "Mina Walker, -who is now Mrs. Rogers. My brother, the plaintiff, was in California at the time, and we all visited the West Shore Manufacturing Company's ware-rooms. ware-rooms. We were shown samples of furniture made of some peculiar wood, and we both decided to order sets for our daughters. I certainly ordered mine for my daughters, and my brother ordered his for Mina and Sara, his daughters. I have seen the furniture since it was brought here in the possession of the two ! girls, Sara and Mina. I know nothing about the piano. When Miss Sara moved from the Walker House she took rooms at Mr. Rogers' house, and I have seen the same furniture there. Cross-examined All that I heard about the intended gift of the bed-room set from the plaintiff to Mrs. Rogers was in the conversation which took place in the office of the West Coast Manufacturing Company, on Fourth street, San Francisco. Fran-cisco. Excused.. Mrs. Mina Rogers testified: I was in California . when the furniture was ordered. or-dered. There were nrpspnf. nt tha f;m my father, Uncle Rob, my brother Fred, my sister ISara, mv cousin Emma and others. We went to the furniture store at the suggestion of my Uncle Rob, who had ordered a set for his daughters, and father said to me and my sister Sara that we might select a set for ns. We did not like the styles they had in stock, and so left an order for a set nearly like that one ordered by Uncle Rob for his daughters. Some pieces of the set were already in stock, while the greater part of it was to be made to order. When I left home two j'ears ago to get married the furniture furni-ture was left for my sister Sara, and has been used by her since. The furniture was removed to my home from the Walker House at the direction of my sister Sara, and she always used it after it was brought th lflef foil T l-i.n-.m 1 heard my father make any claim on the furniture until he came to my house and demanded to take it, saying, "I have come to take my own." He had four men with him. I told him the law was the medium through which to obtain it. He said, "I will take it now and go to law afterwards." My father had also presented myself and sister with a horse and phaeton last spring, and afterwards sent me a check to pay for my part of it. The piano was purchased for myself and my sister Sara. My younger sister had used the piano very little, and had alwas practiced on another instrument. It had always been spoken of as "the girls' piano," the" younger sisters were spoken of always as "the children." 1 had charge of my father's house after1 my mother's death, until I was married. It afterwards was managed by his wife, whom he married in the meantime. At the time my father visited my house for the furniture he removed, with the assistance as-sistance of the four men, the piano, and had begun to take out the furniture. This afternoon, Mrs. D. F. Walker, Miss Sara Walker, Major Erb and several others testified, and at a later hour the case had been given to the jury. j |