Los Angeles daily herald., 1890-02-06
THE COUR rs.
Burdette Chandler Gets OFF BY a
Defective Indictment.


Burdette Chandler Gets Off BY a
Defective Indictments.
When court met yesterday morning in
Department 1, Judge Clark, who was
presiding in the absence of the regular
judge of that court, on motion by Judge
Gardiner to dismiss the case pending
against Burdette Chandler, said to the
jury:
"The law of the State provides when
the testimony upon the part of the State
in a criminal case has been closed, if the
court deems the evidence insufficient to
justify verdict of guilty, it may advise
the jury to acquit, but the jury is not
bound by that advice. consider it my
duty in this case to advise you to return
a verdict of not guilty. l do so not be-
cause the evidence introduced on be.
half of the State fails to establish the
commission of crime; but because it
is clear to my mind the evidence fails to
establish the particular crime charged
in the indictment"
The jury in a very few moments re-
turned verdict of not guilty. Although
the court decided that the verdict should
be rendered, not on the merits of the
case. but solely because of defect in the
Indictment, that ends the case on the
grounds of "once in jeopardy" The
flaw is that it charges Chandler with
taking bribe to vote against revoking
the license of the Turf and Grain Ex-
change on the 4th of January, whereas
that institution never had a license until
the 10Th of March following, A HERALD
reporter interviewed District Attorney
Kelly on the matter, who said in sub
stance, that he did not go to the records
because all the Turf and Grain people
before the Grand Jury talked about their
place as the Turf and Grain Exchange,
and did not say that they had license
as cigar dealers and auctioneers only,
until March. The District Attorney SUP.
posed these people knew the style of the
firm.
There is another case pending against
Mr.. Chandler for extortiug money out OF
Schwartz & Go. 1t is almost identi-
cal with the one which closed in fissco
yesterday, only that it alleges extortlon
instead of bribe. As to this Mr.. Kelly
said he did not know how he should pro-
ceed yet He wanted to lock the matter
up. If it goes to trial on the indictment
it will fare as yesterdays case. It might
be dismissed and then complaint fled
before justice of the peace, possibly.
1t is altogether probable that it will be
entirely dismissed, for the reason that
none of the Turf and Grain people have
desired to prosecute the cases at all
Some other parties got hold of the story
aud got the Grand Jury to take it up.
Henry Schwartz goes north today, and is
as unwilling to return as he was at first
to appear before the Grand Jury or in the
case that ended yesterday.
As to ex-Mayor Workman's connection
with the case, HERALD reporter met
him yesterday and he said
u do not believe that Mr.. Chandler
ever used his official position to extoit
money from the Turf Exchange or any
one else. Mr.. Chandler, no more than
any other councilman, had any "pull"
on me while Mayor excepting when he
was right. and found him generally on
that side."
Carl Browne is back and bobbed up
serenely in court yesterday. Mr.. Spur
geon, the member Of the Grand Jury who
has not yet been examined, was unable
to be present, and for this reason the
case of the artist editor went over until
next Monday.
George L. Bannister has been set at
liberty on the contempt of court matter
lie ehowed that he was utterly unable
to pay the alimoDy ordered by the court
and was discharged on this showing.
Two boys, George Charmichle and
John Cotton, of Newhall, were before
Judge Mckinley on hsbeas corpus pro-
ceedings. The boys were arrested at
Newhall and brought before Justice of
the Peace w. w. Jenkins on charge of
malicious mischief. The local magis.
trate committed the boys to the county
Jail and they were brought here and put
in the chain gang. The court decided
there was absolutely no case against the
young fellows ard ordered them set at
liberty.
The case of Etcheveste and others
against Dan Kevane was finished
yesterday and submitted to a
jury in Department 5. The
jury found for the defendant. The COM
planning witness was a Miss Batz and
married Etcheveete. Kevane has been
living on $40 acres of land belonging to
the Batz people lying along what is
known as the "Adobe" road to Pasa-
dena, just beyond East Los Angeles.
They charged Kevane with unlawful de.
tainer of the land. Kevane's defense
was that he occupied the land as a
tenant under lease from the owners,
and he established this claim, for tbs
jury found for him. He is said to have
a very favorable lease for a term Of
years. Judge A. J. King defended the
case for Dan Kevane.
New Cases.
A. J. Copp and G. B. Copp sue F. L.