Daily Los Angeles herald., 1882-03-24
THE PHILIPPE TRIAL.

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Argument Of 0sunsel-Ths Jury Rstirs-0ut
till Ono o'clock This Morning, and Fail to
Agree Discharged.
| The frst business before City
Justice Adams yesterday morning
was the postponement of the case
of Samuel Prayer, which had been
set for trial. The sixty Jurors sum-
moned were ordered to return at 2
O'Clock. This business disposed Of,
the roll of the jury in the Philippi
case was called, and the mem bers,
as they answered to their names,
took seats ia the box. AS the evil
dence was closed the previous day,
the Court announced that argu.
ment of counsel would now be
heard.
MORNING SESSION.
District Attorney Morgan open
ed with bis argument. After rea l.
ing to the jury the complaint and
the section Of the State law under
which it was drawn, he stated that
they were there to try the case
upon the basis of law declared
constitutional by the highest tri-
bunal of the State; that they were
not there to try the iaW. This was
the substance of Mr.. Morgan's ar
gument, he occupying not more
than five minutes.
Col. Godfrey then arose and pre-
faced his remarks by reading from
the Times, OF this city, the COM
rnunicati0n which appeared in that
paper day before yesterday over the
signature IA Chinamsn He
censured severely ''a paper which,
while pretending to advocate re.
form, should attack an attorney for
doing what the Constitution of the
United States provides that he shalt
do"-defend prisoner without
reference to his Offense. Mr.. God
frey then went on to state that the
charter of the city of Los Angeles
repealed the operation OF the State
law in this city; that under that
charter we have ordinances which
prescribe the time and manner In
which saiOons may be kept open in
this city. Further, that the pros.
ecution was directed against one
class of business; that the propri.
etors of the paper from which he
had read kept their place of busi-
ness open after twelve O'Clock Sat-
urday night, without prosecution
being started against them; that
the whole matter was merely war
OF one Glass against another-the
churches against the saloon keep
ers. He then went on at length to
show under what circumstances
our fOrefathers came to this
country, of the religious per-
secutions which drove them from
their mother country and that po.
litical and religious freedom were
the ground work of our c0untry's
institutions, and that it was now a
question as 10 whether or not the
old spirit Of persecution was to be
revived. He then passed to the
point of the intent OF the
prisoner In violating the law.
He said that the defendant had for
l6 years kept his saloon open ON
Sundays without ever hearing Of
the law for the violation OF which
he is now arrested. He said that
the question before the jury vas
simply political and not q legal
one. Mr.. Godfrey then spoke at
some length on the temperance
question. He said that one of our
greatest interests Is the manufac-
ture of liquors. That many good
church members he knew were
putting out vineyards for all they
were worth to convert their fruit
into wine, and that this interest
was the one at which the shafts of
those who are prosecuting these
cases are aimed.
Col. Godfrey then stated that
the Supreme Court decided that
the Sunday law Was not cons:i.
tutional law under the new Con.
stitution Of the State and was only
SO because it was passed before this
Constitution came into effect; that
the defendant was nrraigned under
what was really an obsolete law;
that the city charter is a public
law. and that all fines collected In
this Court went to the city and noe
to the State; that the saloons sup
ported the city officers under this
charter more than any other class
of business, and that they
should not be mulcted to
pay fine Of $50 more. He called
upon the jury to put stop to q
persecution which attacked the
best interests of the State aud said
that 1t drove away immigrants
who would raise barley crops and
vineysrds. That the Maine LIq-
uor Law business would kill this
country. He then closed his argu.
ment with an appeal to the jury
to not lend themselves as instfu.
ments Ia the hands of one class
against another class. Col. God
frey having consumed till noon in|
his argument, a recess till Ills
O'Clock P. N. was taken.
AFTERNOON SESSION.
AT that hour the Court convened
and Mr.. White began his argu-
ment to the jury. He opened on
the point of the intent Of the de-
fendaut in violating the law. He
stated that the defendants guilt
could consist 0uly in the WiJuI
violation, and that his real iutent
10 ust be decided by the jury from
the evidence brought forth. Mr..
White then passed to discussion
Of the Sunday law itself. He said
that it was an infringement upon
the rights of the citizens; that the
f.,a n, m lnh IN On