Daily Los Angeles herald., 1882-02-04
Captain John Clements, of the

Captain John Clements, of the
schooner, D. s.. Williams, which
arrived at Wilmington yesterday,
on coming ashore, received tele-
gram from bis home at Oakland
informing him of the death of bis
son Charles, who was run over and
terribly mangled by a freight train
at that place last Sunday and died
from his Injuries on Monday. The
deceased was bright and intelli-
gent youth and had nearly COM
pleted his education at one of the
colleges in that city. Captain
Clements, who Is we'll known in
this city, has the sincere sympathy
of a large circle of friends In his
sad affllction. He went up to Oak
land overland last evening.
The case of the People vs.. Mrs.
Dexter ct al, charged with tearing
down a fence en- the Potrero de Fe.
lipe Lugo, came up for trial before
City Justice Adams yesterday. By
consent the cases were severed, and
K. J. Baldwin was tried first. Dis
trict Attorney Brown and Fl. M.
Smith. ESQ, appeared for tbs pros
ecutiOn, and A. Glassell and
Stephen M. White, Esquires, for
the defence. A number of witness.
es were examined, but their evi.
dence failed to convince the Court
that Mr.. Baldwin had been guilty
OF any offence against the law and
he was discharged. The evidence
being the same in ell the cases, on
motion of District Attorney Brown,
the complaints against the other
defendants were dismissed.
A carload of the celebrated
Brighton ranges received last week
by Harper, Reynolds & Co.
Col. John A. Turner. A. A. g.
en- the staff of General Backus, Ad-
jutapt General N. G.. G., assisted d
by Major Dunsmoor. A. A. G. on
the staff of Brigadier General
Boyer in command of the N. G. G.
Of this district, last evening in.
spected the Eagle corps of this city.
He found all the accoutrem ents OF
the company in first-class order.
After the inspection the corps
were put through the manual OF
arms and some drill evoluti0ns,
which were executed with precis-
lon and skill. Col. Turner then
made short speech highly COM
plimenting the company on their
fine soldierly appearance, their
proficiency in the drill exercises
and cOngratulating Captain Rus
sell and the ether officers on the
efficiency of the corps. Before
disbsnding, the company, preceded
by the drum corps under the lead
ership Of Drum Major O'Brien,
marched through several of the
principal streets, presenting q very
martial appearance.
Constable Ling yesterday after
noon arrested Anton Mallachovitz,
on complaint of his wife, OIL the
charge of stealing a horse from one
Velardez, her alleged paramour.
Mallachovitz was taken before City
Justice Adams and released on his
own recognizaace to appear for ex-
animation. The complaint is sup
posed TO have been Inspired by q
desire on the part of the woman
and Velardez to get rid of MALTA.
ehOvitz so that he would not be alb 70
to appear against them in an &C.
ti0D, TO come up before Justice
Fisher this morning, charging
both his wife and Velardez with
feloniOus assault and grand lar.
ceny. According to the story of
Mallach0vitz, who lives ut Sole.
dad, his wife and Mexican man,
the other day, held him while We.
lardez belabored him with a club
until he was unconscious. The
woman and the man then took his
team and drove of, leaving him
lying on the floor senseless. After
regaining consciousness Mallacho-
vitz made his way to u neigh boris
where his battered head WAS
dressed.
The Nittinger case assumed q
new phase yesterday. After sen.
tence had been pronounced against
him by City Justice Adams, i'm
posing fine Of So and fifteen days
service in the chain gang, an ap-
peal was taken before Judge Sc.
pulveda, of the Superior Court, on
petition for writ of hdbeas cor.
pus. In granting the writ the
Judge held that Justices of the
peace have no jurisdiction to try
those misdemsHnOrs where the
punishment might In any event be
mprisonment for more than six
months. Although Nittinger was
charged with q misdemeanOr, the
punishment might have been iW-
prisOnment for one year, although
the amount frsudulently obtained
was only ore dollars. 1t is gener-
ally considered, and has been the
practice, for Justices of the Peace
to assume jurisdiction over and try
all misdemeaDors which come be.
fore them, but it appears this Is
not the correct doctrine. This is
the first time, we believe, that this
point has ever been raised In this
county. A new complaint, charg-
ing the same offence, was then
filed by Deputy District Attorney
Morgan, OH which Nittinger was
re.arrested and gave bail in 5000
for examination on Wednesday