Los Angeles herald., 1890-07-29
Justice Lockwood Appears
in Court.
He Is Less Nervous and Smiles
at His Friends.
A Defective Complaint Replaced by a
New One.
Lawyer-He Is Held to Answer
the Charge.


promptly appeared in Justice Savage's
court yesterday afternoon as the clock
struck 2. The attorneys for the people
were not present, neither were counsel
for the defendant; nevertheless Lock
wood announced to the court that he
was ready to hear it's decision in regard
to the motion made by G. G. Stephens
on Saturday to dismiss the complaint
heretofore filed because it had been
sworn to on information and belief.
Lockwood's demeanor breathed conf
dence; he smiled on several occasions
and evinced less nervousness than at any
time since he has been in hot water.
The court requested the defendant to
await the arrival of the district attor-
ney, and several minutes elapsed before
Deputy Jesse Hardesty made his ap-
pearance.
Then Justice Savage said that
he had given his full atten-
tion to the arguments of coun-
sci and the decision of the supreme
court ex' parte Dimmig that he thought
that the decision of the supreme court
in that case laid down the doctrine that
in complaint on information and belief
it was necessary that dispositions should
accompany the instrument, and he now
felt that such dispositions should have
been submitted to the court before it
was justified in issuing warrant.
Under the circumstances he would hold
that the complaint had not strictly COM
piled with the decisions of the supreme
court, and it would be his duty to dis
miss that complaint, which is numbered
697, with instructions to the district at
torney to file new complaint against
w. G. Lockwood.
That this step was known to Lock-
wood and the district attorneys office
was evidenced at orce when Mr..
Hardesty Immediately stepped up with
a new complaint, accompanied by sew
eral dispositions. This complaint was
substantially the same as the first, the
fact that 1T was sworn to on information
and belief having, however, this time
been left out. 1t charges the defendant
with having harbored j. M. Damron,
accused OF forgery, while he was a fugi-
tive from justice. After the accompany
ing dispositions had been sworn to
by Deputy District ATTORNEY Phibbs and
City Justices Court Clerk Joe Cham
bers, these documents reciting that the
defendant had voluntarily admitted to
atlantis that he was harboring Mr.. Dam
ron, Justice Savage issued new war
rant, and Lockwood who had remained
quietly seated at the bar, was re-arrested
by Deputy Constable G. w. Cline.
The arrested justice then stood up and
said that before being arraigned he de-
sired to demur formally to the new COM
plant on the ground that it was as de-
fective as the first, varying very little in
form with it. The defendant said that
he was perfectly ready to proceed with
the argument, but would prefer to wait
until this afternoon for the purpose OF
having his counsel's attendance Mr..
Hardesty wanted decision at once.
The court intimated that as the fatal de-
fects of the first complaint had been
cured, it was his intention tc
Overrule the demurrer, but he
intimated that if the defendant
desired it, he would reserve his decision
until this afternoon. Mr.. Lockwood not
offering any further opposition Justice
Savage overruled the demurrer then and
there and placed the bail of the defend.
ant at $4,000, setting the examination o1
the case for 2 O'Clock this afternoon. c.
g. Stephens, of counsel for the defense
was unavoidably absent on account of a
murder trial in which he is engaged in
Judge McKinley's court, but the alb
sence OF associate counsel j. M. Brooks,
which was not explained, caused consid-
cradle comment among the very large
audience.
Mr.. Lockwood managed to give bail in
the early part of the evening, Henry j
A. Stuhr and T. J. Carran qualifying on
his bond.
The peculiar conduct of City Justice
OF the Peace w. G. Lockwood through
out the Damron matter has caused in
tense feeling and comment since its in
ception, and it influenced the board O
supervisors, who yesterday, on motor
OF Supervisor Davis, requested him tC
step down and out. The resolution il
as follows:
WHEREAS, Justice of the Peace w. c.
Lockwood has been arrested upon q
criminal charge amounting to felony
and
WHEREAS, From his own admission il
appears that he has violated in a seri.
GUS degree the law he has sworn to up.
hold; and
WHEREAS, The attempt to preside
over and administer the laws, civil OF
criminal, by an officer who is himself SC
manifestly involved in the violation oi
our laws, seems to US contemptuous OF
law and an indecent indignity to the
people; therefore be it
Resolued, That we hereby ask of Mr..
Lockwood that he forthwith resign his
Office OF justice of the peace.
1t is also understood that the board
intends to investigate the peculiar man.
ner OF Damron's arrest. 1t is alleged
that the officers who captured the alb
sconding lawyer had demanded and
secured from Messrs. +. r. Willis, H.
Smith and j. M. Brooks certified checks
in the sum of 500 each, to defray the
expenses of shadowing him. 1t is
claimed that Constable Fred G. Smith
and his deputy, Jennings, knew all the
time where their game was hidden, and
only secured it after they had bagged
the money. Constable Smith emphat-
ically denies that such was the case, and
AYERS that it was not until an hour be-
fore he laid his hand upon Damron that
he was aware of his whereabouts. The
investigation will develop what has
actually been done, who received the
rewards and will set at rest all unfavora-
BILE rumors, or positively establish that
they were we'll grounded.
He Thinks Austin All Right.
urnArn-Tn int NJ,