Los Angeles daily herald., 1889-07-13
THE HARDES PY CASE.
The Jury Disagrees as to His
Guilt.

The Jury Dtsagrees as to His
Guilt.
Deputy District Attorney Hardesty
appeared before Justice H. G. Austin
and jury yesterday for trial upon a
charge OF disturbing the peace on the
26th of June last, preferred by G. l..
Stearns. A good deal of interest was
centered in the case, owing TO the fact
that the offense was alleged to have
taken place in the District Attorneys 8
office, as the outcome of dispute which
took place between the parties over the
prosecution of a case in which Stearns'
son was the complainant; and quite q
number of members of the bar were
among the spectators. The first two
hours OF the morning were consumed in
the selection of a jury, and it was fully
IL O'Clock before the complaining wit
ness took the stand.
Mr.. Stearns stated that, on the morn
| ing in question, he called at the District
Attorneys office and asked Mr.. Hardesty
why he had not prosecuted case in
Justice Lockwood's court on the 25th of
June. Hardesty Immediately walked
over to Mr.. Kelly and said that Mr..
Stearns wanted to make a complaint
about a criminal case, and made some
remarks about people kicking" when
they lost cases. After some more words
witness contradicted Hardesty's state
ment, who threatened to knock his teeth
down his throat if it wasn't for his gray
hairs, and shook his fist in his face. At
Mr.. Kelly's instigation Hardesty went to
| h; md nof xuh vn5ttp
went over to Major Donnell and spoke to
| him about the treatment he had Just re-
ceived at Hardesty's hands. Witness
and Hardesty followed him, and calling
the witness "a gray headed old scoun-
drel, said he had been trying to extort
money from an innocent man. Stearns
retorted warmly: you're liar," three
times, and Hsrdesty made use of fur
ther threats and walked away muttering
an opprobrious epithet.
Toe witness was cross-examined until
IL 80 O'Clock, when the Court ordered
recess until O'Clock.
Upon resuming Stearns again took
the stand, and was vigorously cross ex.
amined for some twenty minutes, when
MIR. Peyton asked him some questions
about the criminal action which led to
the dispute; and the witness was ques-
toned by the respective attorneys until
the Court interposed.
Major J. A. Donnell, the Assistant
District Attorney, was the next witness
called and he corroborsted Stearns'
statements about the dispute, which he
heard from his seat in the adjoining
room in the office. He was not cross
examined.
The prosecution here rested its case
whereupon Mr.. Gage asked the Court to
direct the jury to acquit the defendant
on the grounds that no loud and abusive
language had been proven in the pres
ence of a woman, as alleged in the COM
plant and also because there was no
evidence at all to show that there was
any malicious disturbance of the peace
ON the part of the defendant.
The Court, however, denied the re.
quest on the ground that the Court had
no right to do so, as it was not court of
record.
The case for the defense was then
opened by the examination of Mrs. A.
Dobbins. the stenographer and type-
writer Of the District Attorneys office.
The witness stated that as she remained
in Mr.. Kelly's private Office in the rear,
she could not hear all that passed in the
front room, but Mr.. Stearns was the only
one who spoke in loud tones, and he ap
pesred to be the aggressor. There was
another lady in the same room she occu-
pied, but she was further away still.
District Attorney F. P. Kelly rected
the whole story from beginning to end,
but was frequently interrupted by the
objections of the prosecuting attorney.
| Upon ross.examination he admitted
having asked Justice Savage to dismiss
the case before it was transferred to
Justice Austin, but explained that he did
80 because he considered Stearns to be
the sggressor. The defense then rested,
and Judge Fitzgerald offered to submit
the case to the jury without argument; !;
but, as Mr.. Peyton objected, ne and the
Judge placed the case briefly before the
jury, which retired for deliberation at
about o'clock. At 5l5 O'Clock the
| jurymen returned into court and an
nounced their inability to agree, and, as
they stood six to six, the attorneys agreed
to their discharge.
The case was reset for trial at 8 O'Clock
this morning.