Los Angeles herald., 1890-11-18
Judge Wade Instructs the
Jury to Acquit Edelman.
Have the People No Rights That
the Courts Must Respect?
A Large Amount of the Prosecutions
Evidence Ordered Stricken Out.
About Time for the People to Rise for Their
Own Protection-Cohn's Forgetful-
ness Still More Pronounced.

LCobCiddy LiCi hAhS oAiO iioi "a AlSAiy
Edelman was resumed in department
six, Judge Wade presiding. After one
witness, G. Seaver, had been put ON the
stand to prove that he had been drawn
as term trial juror, for department
one, in 1889, but had not served, and
that in consequence he was not entitled
to $65 warrant, which some one else
had gobbled up, S. M. White objected
to this line of evidence, as it referred to
matters collateral to the main issue, and
on that ground were inadmissible. Ar
guments on this point consumed all the
morning and part of the afternoon.
Judge Wade ruled that, as the prosecu-
tion had not made out prinla faoie
case, collateral evidence could not be
admitted.
First cousin Cohn was then put on the
stand number of times, but he had
smoked SO much tobacco since Saturday
that his memory was more sadly i'm.
paired than ever, and nothing could be
drawn from this mental wreck of pawn
broker. AS he was called to the stand
the last time, Mr.. Hardesty said audi
bly,, ''s- of -' First cousin Cohn
put his hand to his hip pocket, but all
his shooting irons had remained in the
pawnshop, SO, contenting himself with
drawing pocket handkerchief, he ap-
pealed to the court for protection. The
court intimated that if the district attor-
ney had used such language to the wit
ness he would severely punish him.
Hardesty did not deny having used the
words (Which have cost many man his
life), but he contended that he had not
addressed them to the witness. Itwas an
expression which had escaped him,
while immersed in thought, and it was
not applied to the witness in propria
persona. In other words, Hardesty had
only thought the words and it was
unfortunate that he had thought audi
bly,. Henry T. Gage, OF counsel for the de-
-fense, good-naturedly and adroitly drew
the attention away from this topic, and
the matter dropped.
Short-memory' Cousin Cohn is said to
have stated that if he had had gun he
would have shot Hardesty, $50 'elp me-"
Afterward, while in confab with friend
lat the foot of the stairs, the friend, in
answer to some remark of Cohn's, said !:
"Of course, they can't expect a man to
'criminate himself"
When first Cousin Cohn's memory
was found to be hopelessly impaired and
that his mind, as to matters connected
with the shaving and collecting of war;
rants, was similar to the childlike and
bland vacuity in his eyes and the un-
utterable I-am-amaZed expression on his
face, counsel for the defense succeeded
in getting him away from the wrathful
Hardesty. Mr.. Gage asked that consid-
cradle part of the testimony be stricken
out, which was done. He further, by
written instruction, asked the court to
direct the jury to acquit the defendant
on the ground that not sufficient evil
dence had been introduced by the prose-
cution to warrant any other verdict.
To the surprise of all present Judge
Wade read this remarkable instrument
to the jury, but Alex. Campbell, of
counsel for the prosecution, informed
them, before they withdrew, that they
were not bound to abide by the instruc-
tions OF the court. The jury retired a
little after 30, and at 5 O'Clock, when
it became. known that they refused to
agree, Judge Wade went home, saying
that he would return at 7 O'Clock.
Edelman during the whole of the pro-
ceedings sat near his counsel, looking as
naughty as if he was the judge and
somebody else the defendant. At AS
the jury was brought into court, and
stated that they were unable to agree.
The court ordered them locked up for
the night. The ballot stood: For con-
viction, 8; against, l; open, 3.
Judge Wade's ruling on the matter
is open to severe criticism" said we'll
known attorney to a HERALD reporter
yesterday. "Here is what was shown
in the case by the prosecution beyond
any question. Edelman, the defendant,
was appointed deputy county clerk on
the 7th day of January, 1889; his ap-
duced in court; G. III. Dunsmoor, the
county clerk, testified that Edelman
was clerk of department number one,
from July, 1888, to August, 1889; Frank
A. Bliss, of the Duarte, was summoned
to appear as trial juror in department
number one, on October 1st, 1888; he
appeared, was examined and became
one of the regular jurors and served
through the month of October for
which he received his warrant, indorsed
it and was paid in person by the county
treasurer. He also served through No
vember, for which he received his
warrant, indorsed it and received his
pay in person. He also served portion
Of December, for which he received $50,
Endorsed his warrant, received his pay
and was discharged from further attend
ance as juror. He has not served one
day from that time as a juror. At the
end of December, Edelman, knowing
that Bliss had received warrant and
had it paid, in making up the jury list
credited F. A. Bliss with 500, thus du-
plicating Mr.. Bliss's pay. He hastened
to the auditors Office, got the warrant,
took the warrant to his cousin,
Cohn, had Cohn indorse it with
Bliss's name, ''by L. B. Cohn," had
Cohn present it to the county treasurer
and receive the cash, and received the
money from Cohn.
In the month OF January, 1889, Edel-
man carried the name of Bliss on the
inru hooks at the end of the mon th