Los Angeles daily herald., 1889-08-07
GARRETT'S CASE.
He Appears in Court for
Examination.
THE DISTRICT ATTORNEYS STAND
He Does Not Propose to Accept AS
sistance-The Case Continued.
Brooks Idea.

The preliminary examination into the
first of the three charges OF incest pre-
ferred against F. M. Garrett, by his
daughter Malta, came up for hearing
yesterday afternoon at 2 o'clock in JUS
tice Lockwood's Court. As usual, when
the testimony promises to be of sensa-
tional character, there was large at
tendance of spectators, and the space in
the rear of the courtroom set apart for
their accommodation was crowded to
excess.
On the case being called Attorney
Williams addressed the Court and
moved for continuance on the ground
that he had only been retained for the de-
tense within the past two hours, and was
therefore unable to prepare himself to
make proper showing on his clients
behalf.
Deputy District Attorney Marble cre-
ated a slight sensation by stating to the
Court that the District Attorney, as the
public prosecutor, intended to prosecute
the case without any associate counsel,
and that, as his representative, he had
no objection to a short continuance as
asked for, since, in his opinion, common
courtesy demanded that an attorney
should know something of his clients
case before cond letting it.
At this juncture Mr.. Payton, who had
been retained by the Edgcombs to prose-
Lockwood. He stated that he did not
nd hot thu n;ofrsnt
could prosecute the case without associ-
been retained. Especially was this an
had refused to issue complaint when
had called upon Mr.. Kelly, the District
Attorney, and laid the case before him,
but the public prosecutor absolutely re-
On learning that the complaints had
been filed, however, Mr.. Kelly sends his
deputy into court and says that he in
tends to conduct the case alone. As
member of the bar of Los Angeles, he
contended that he was duly authorized
to practice in all the courts of the
county, and he intended to prosecuts
this case. He said that he was
interested in his clients case, and though
he did not know whether he should ever
receive one dollar f-x defending the girl
Malta from the alurs cast upon her, he
intended to stand by and refute, if possi-
bic, the imputations upon her character
by prosecuting her father. He further
stated that he intended to see that there
was no ''monkey business" in the con-
duct of the case. He concluded by say
ing warmly that he was there to prose-
cute this case, and he not only denied
Kelly's power or right to close his mouth
regarding it, but he would see that he
did not.
At this juncture the Court called the
attorneys to order, and informed them
that as Mr.. Williams motion was still
before the Court, they we're getting a
little ahead of the record.
j. Marion Brooks then rose to his feet
and requested the permission of the
Court to withdraw from the prosecution,
as he had family in this town whom
he did not wish to be contaminated by
his being connected with such filthy
case. The Court at once granted his re-
quest, and Mr.. Marble, on behalf of the
District Attorney, again addressed the
Justice. He asked that, as this case had
been laid before the District Attorney
and complaint refused, but that, in
spite of this, a complaint had been filed
in the case unbeknown to that official,
the prosecuting witness be required to
file bonds sufficient to cover the expenses
of the prosecution, which in case of
this kind must necessarily be large.
This reused Mr.. Payton's ire, and he,
in contravention of this motion, insisted
that as there were three complaints
against Garrett and he had only been ar
raigned upon one of them, in case Of q
continuance the defendant be srraigned
upon the other two and required to fur
nish bonds.
This perfectly reasonable request
rather staggered the Deputy District At
torney, who was evidently not prepared
for such an emergency. But at this
point Mr.. Williams stepped into the
breach, and stated that, as the defend
ants attorney, he presumed the bonds
in the sum of So, 500 were sufficient for
all practical purposes. He said that he
did not know exactly the position in
which he was placed, but, as now
situated, he wanted it determined as to
who should appear for the prosecution.
Personally, of course, he did not care
who conducted the case for the people,
as both the gentlemen present were
respectable and good lawyers. He pre-
sumed, however, that the law entitled
the District Attorney to the privilege of
conducting all prosecutions. This, how
ever, was peculiar case, and he would
like to have the matter settled. He did
not feel called upon to answer the re-
marks made by Mr.. Payton, but hoped
the Court would settle the matter one
way or the other.
The Court, however, refused to inter-
fere in the affair, and stated that it was
not necessary for him to determine who
should prosecute the case. He granted
the continuance until August 10th, at 10
a M. and expressed the hope that coun-
sci would come to an amicable settlement
before returning into court. AS regards
the District Attorneys motion for bond
from the prosecuting witness, he consid-
cred that the proceeding was an unusual
one, and declined to act upon it.
Mr.. Payton then stated that it was not
his wish to enter into conflict with the
District Attorney, but he was Of the
opinion that, on learning the true nature
of the case, that official would be only too
glad to turn 1t over to him.
The whole party then left the court
room, as far from an amicable settlement
as at the opening of the dispute.