Los Angeles daily herald., 1888-02-07
ANSCHLAG'S CASE
Set for saturday-Sccnes ON the
street.


street.
The case of John Henry Frederick
A.nschlag, the confessed murderer of
IF. and Mrs Hitchcock, of Garden
Grove, was called in Judge Cheney's
court yesterd.y morning at 10 o'clock.
At this time there' we're as many peo-
pie in the courtroom as it could possi-
bly, ho'd, and the crowd even ex-
tended down the hallway to the SIDE
walk, showing that the murderer or
his crime had no. been forgotten. The
Case had been set, not for trial, but to
give the defendant chance to pleaI
to the charges against him. When
the case was called, Attorney Peyton
ar Sc and stated that he desired to
enter Il mott N to set aside the Infor-
nation on the ground that there were
no papers on file showing that the
defendant had ever been held by any
committing magistrate, and that the
District Attorney had no right to file
an information without at the same
time filing the evidence taken in the
lower court. To substantiate the mu-
ton, h s colleague, Mr.. McGregor,
then proceeded to read a long de-
cision rendered some years ago
by the Supreme Court of Cali
fornia in case OF Fresno
county. District Attorney Dupuy an
swered, admitting that the testimony
tax in he lower court had not Yet
been filed, hut said that it was being
transcribed from the shorthand repo
ter's notes as rapidly as osSible. He
alsp stated that he was presen during
the en- ire examination before Justice
Austin, and heard every word OF the
testimony. Yet at the same time the
fling of The Information was per ectly
legal. The gentleman had but just
concluded his remarks, and the Court
had continued the matter until 80
O'Clock, when Court Reporter Rutan
entered bearing the papers III ques-
ton.
At hali-past one o'clock the Court
re-convened, and Judge Chen y over
ruled the motion to set ide the in
formation. Anschlag then pleaded
mot guilty" to both charges.
District Attorney Dupuy then asked
the Court to set the day for trial,
whereupon Attorney McGregor arose
and stated that according to the rules
adopted by the Superior Court of this
county in 1885, the case must Uf
nece, ,sity 20 over for the session.
Attorney Peyton then took up the
fight for delay, and stated that
they desired to correspond with de-
fendant's relatives in Europe in
order to ascertain his peculiarities.
c., which would probably take
about three months, and desired the
Case to 20 over for the session, at the
same time informing the Court that a
German lawyer had entered into the
court as ali associate counsel. and had
had no opportunity Of consulting with
the accu-ed. The court, after listen
ing to all the arguments on both sides,
annou ,ced that the Case, No. 202,
would be set for trial Saturday, the
11th inst, at 10 am, and that il the
attorneys for the defense could show
any legal cause why the trial should
not be proceeded with upon that date,
they must bring atfidavits to sub
stantiate.
Tue courtroom was then cleared,
~. the crowd did not disperse. L
collected several hundred strong
around the doorway leading to the
courtroom and waited for Anschlag's
appearance. When he did come
down, guarded by the deputy sheriffs
and handcuffed to a man named
O'Brien, the crowd pressed closely
around him and followed him to the
curb. As he was led across the street
some one in the crowd set up cry,
"Let's hang him." This was fol-
lowed by similar remarks, and Il
shouting was in the ears Of the pris-
oner, quite ominous, for he started on
run for the stairway of the HERALD
building. The crowd, however, did
not appear to be serious, but stood on
the street and laughed at Ans hlag's
fear. He vas so badly frightened,
however, that he could hardly climb
the hill to the Coun y Jail. The man
to whom Anschlag was handcuffed
was almost rs badly frightened as
Anschlag, and objected to being
fastened to another man OF SO much
notoriety.