Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-08-14
TEz vIoLAToRs OF TEE HEALTH LAWS
STILL WRIGGLE.

The case Of l.. C. Chandler, convicted of
violating the health ordinances of this city, in
maintaining noxious privies, ce,spools and
filth upon the margin of Lake Suffer. came
up for the pronounoiug of Judgment yester-
day at o'clock.
I. S. Brown, counsel for defendant, pre-
scented motion for new trial, and motion
in arrest of Judgment, alleging numerous
grounds, among othsrs, misconduct Of the
jury, in this: that the jurors, while out I'M
der orders from the Court to view tie prem
isss where the alleged nuisance existed, wers
permitted by thu officer in charge TO visit
saloon and take drink, and that then they
were taken by the officer Go another
place adjoining Chandeliers, known as
the Richard O'Nen property, which was
in a more filthy condition than that
under control OF Chandler, aud that after the
mistake was discovered the jury took another
drink and viewed the proper premises; thar
by reason Of the jurors viewing the O'Neil
property, which YVES worse than ChaudleI's,
they vera pFeiudiced against all the prop
ef6y owners On the slough. TIE sfiiavits
disclosing these facts were sworn to By Eli
Mayo and /. @. Cnsndler. Another ground
was urge6-.hat Chandler, as agent fer w.
S. M=sick, could not be held liable because
he did not commit the acts complained Of in
pe-B0n. Also, that the complaint was not
sufficient, as if did not state the offeuse of
nuisance under the laH3D that even if the
prosecution is under the ordinance, the
common law rules Of pleading acts of
nuisance must he conformed to; that the
Court erred in giving the instructions asked
by the City Attorney, and ia reEnsing thres
Instructions asked by defendant. Counsel for
defendant argusd all those points az great
length, and presented several authorities in
support of his position. He also took occa.
sioa 60 berate the press for " poisoning P" the
minds OF tie people and the jurors against
the China slough property-o %ners, and said:
These newspaper statements are more poi
sonous than the vapors Of China slough )"
and that tbs Court and jurors were all biased
and prsiudiced Thereby against poor cid
man Chandler.
City Attorney Anderson then replied 70
the points of Defendants counsel. 10 or
gUed that the prosecution was not under the
ststute, bus for violating Ordinance II, and
that q recital Of the acts complained Of In tbs
language OF the ordnance was sufh 9ient;
that il beiag proved that Chandler was the
agent. and had the full control and manage
ment of the property 10 question, and that
he had full knowlsdFs that it was being used
in an unlawful manner, and that he knew
nuisance was being maintained thereon, that
he was liable either alone or jointly with the
parties creating the nuisance that after
full knowledge of the acts unlawful in their
character the owner or agent is responsible
that the affidavit alleging miscorducs Of the
jurors was poor, pitiful excuse, and re-
Fiction upon the fair fame of those worthy
gentlemen, who sat upon the jury at de-
fendant's own request and by his
-
IN the sffidayits of q positive character,
but only tie mere suTmise Of defendant and
his co-swearer, that the jurors took drinks :"
that there Ia nothing TO show any influence
these drinks " exercised upon the minds of
the jurors that the Instructions given by the
Court we're reflection of the lawp, and that
those refused were properly go refused. With
regard to the sllusioD of defendants counsel
to The action Of the press in agitatiug the
health question, and thereby prejudicing the
minds Of the Court and jurors, Mr.. Ander-
son replied: 1.-THE press controls the deg-
tiny Of the world to-day; it makes and con-.
mits TO oblivion public men it skaters and
builds up Empires, States and nations It's
the great book that teaches the masses-that
educate5 the people; it formulates the sci
enCe Of government aud spreads its influence
as free as the air we breathe, so that the
poorest and the richest alike may become IT,
formed IL sounds the warning note of al
approaching danger TO the public, and while
we are resting in midnight slumber, that
guardian of the people is silently formu-
lating ideas, Interrupted only by thu click of
type, and tick Of the electric current, which
brings from the extremes OF the world good
or bad tidings. And because the press has
warned the people of the approach of that |
dreaded plague, whose pathway is marked by !
desoation, grief and mourning, and told The |
people what they must do to avoid the dire |
effects Of It's advent in our midst il is accused
of poisoning the minds Of Courts and jurors.
Such argImeL Is d Fa0t deserve the consider. |
alton Of any good citizen and could only |
emanate from a mind lost to all sense Of re-
gard to the public welfare"
After the argument, the Court summed up |
the case, and said he SEW no reason why the |
verdict Of the jury should be set aside; that |
there had been much said about the agita-
ton of the press, and of his own bias, but he |
could assure all that nothing N the nature of |
bias or prejudice controlled him tat as
far SIS the action OF the press was concerned, |
that was public matter, snd As 9 matter of |
course The newspapers would discuss it. |
Under the circumstances. ne would not I'M
pose a severe penaity. being assured that the |
defendant would at oacs proceed TO abate the |
although he could, in his discretion, |
impose q penalty Of $500. The Court i'm.
posed fine Of $50, or in default fifty days |
Imprisonment in the (itv Prison