Los Angeles daily herald., 1884-12-28
People


Eodolfo Hilra1
The Dis.Fiel Attorney dief sn Information
IA the Superior Court u o. ANGELES county
eharglus Toe defendant With the crime Of
murder. alleged - have been committed IN
the city Of los Angeles Oa The morning at
July u, 1851 The fss'a IA the case arc
eleafiy estabtahee ~ the Evidence. and are
lanes aeiaiyfe. tho party Killed. ana =
friend named hickey were passing along
New HiRh street, IN Los Angeles, when they
saw the defendant Sizing IA chair ON The
Sidewalk nearly opposite 4 saioon kept ~
about seven feet vide, and the mon WA SIT
ting between two aud three feet from the
side 81 the house, occupying nearly the
width Of the wax; As the decreased and
sid tho l1use one 81 them rubbed againsl
him struck him with hid foot on the leg
and knocked Dis hat 30, se the defendant
says whureup0n the defendant got up from
inc chair upon watch he was iltlng and ad-
dressed very opprobfiVAs epithet . the
Two inOn. particularly 60 Hickey. and draw
Ing large kuife. lie blade Of which vgs
about All inahe, Ia length, made hostile
demonstration with H. Hickey being the
particular object 81 MA anger lherenpon
the deee ,fe5 struck ~ the defendant. The
evidence does not thOv clearly whether the
bi0N reached the defendant or not ~ all
events, it was n blow With the fist amply.
aud ala bot DO the defendant any injury.
Thereuppn the defendant attacked The az
ceased viii his knile q, aud pursued him at
least eighty or one lndred feet. striking vt
him and cutting hin with the knife uatil
the deceased fell at D the ground, aud died
ia few mlnutes fhe sAvfye nature OF uhe
attack IL shown by the character Of the
wounds inflicted. fhe ply tcian who inaae
tho poet m0rism testified as follows. The
external examfnation 7hnwed ave wounds.
two on the hDgcrs q the right hand, one ON
tho back OF one HnEer aud the Uthei on DE
under side 81 the next hngeri these Two LAY
til direct liue with each other, and could
have been made II one lime with q double
edged kuife, they we've small wounds An
other wound was IN tie left groin. one Inch
and half Ia length, and out OF this the
boNels weir ps,anding about eight Or ten
taehes There was another wound m the
ieil side, about an inch aud a hall or Two
inches from The left nipple, and an ineh
long The nlikr{ssAind was on the SAL
side, Just back OF Tao shoulder joint.
Both lie wounds .n the efnsn aud he ole in
the side were necessarily fata., aud erd!na-
riiy life would last about ten OF hftsen miuy
utes after the lnfiietion Of huch wounda.r
No weapon OF any kind wa found On the
bi,ds ~ ne 5Scass;a sac !. = not pre- sissls
tia. any was heen by any Of the uitneases.
not eYen by tho defendant. The case ~ g E
efn falnnioas attack BY the defendant ulsia
Hickey m attempt BY the deceased, how
ey rash and ineliicsniDus 70 resist such At
tick ana then a mott ieroeions aHd blood
thirsty assault Oh deceased. The defendant
pnrsued hts unGrmed and unresistlng VIC
tin Tor eighty I'D perhaps one hundred
ie,l. cutting AZ him With his knife and In
dietlug on bin wounds from which he died
ina few minutes. The learned counsel for
the defendant lahors 70 show thai the crime
does no. Use higher than the degree Of man
slaughter. but the Jury found the defendant
guii,ypf nunder 10 the first degree, and we
do not SEQ anything harsh Or unreasonable
IN HE verdict
The charge % the Cont to the jury u 70.
markedly tnil, clear aud correct With the
law as laid down by the Court tho defend
ant had nc cause Of oomplaint; and tho yer
didl 81 the jury is fully justified bY that Law
aud tie evidence given in the case.
We coAeifT. MORRISON, Z. u
Ross,
MYRigK, J.
luoRHfos, J.
Appeal from the superior Court Of Los An
geics Coanty--z. +. Cls0n and Garfield &
balnron for appellant, Attorney General aud
5iephen ". White for respondent