Los Angeles herald., 1890-07-27
He Is Charged With Harbor-
ing a Prisoner.
His Bond Fixed at Three
Thousand Dollars.
He Applies for Immediate Examina-
tion Without Success.
Goes to Jail-Several Sensational
Features of the Case.

The news of the arrest and incarcera-
tion of Assemblyman James M. Damron,
after having successfully eluded arrest
for nearly week, was almost the sole
topic under discussion on the streets
yesterday morning. and all sorts of con-
lectures were made as to whether or not
his friend, City Justice w. G. Lockwood,
near whose apartments he was discov-
cred, was a party to his hiding. All
doubts on this question were set aside
at noon, however, by the announcement
that Justice Lockwood was under arrest
upon the charge of harboring and pro-
tecting his friend Damron, he being
then person charged with felony.
and the Damron sensation was COM
pletely eclipsed for the time being.
The circumstances which led to Lock
woods arrest are said to be as follows:
Shortly after O'Clock yesterday morn
ing Joseph Chambers, clerk of Justice
Austin's court, Deputy Constables G.
M. Smith and H. c. Vignes and Justice
Lockwood were sitting in the ante-room
between the two police courts, discuss
ing the matter of Damron's arrest, and
the manner in which he eluded the
officers. After talking for several min
utes in general way, Justice Lockwood
said that Damron had come to his room
in the Redick block about II O'Clock on
Tuesday night and appealed to him,
whereupon he had taken him in
and kept him there, as he would
do again under the same circumstances.
". 1,rnc lxr
peated in the presence of Deputy Dis
frict Attorney Phibbs by Lockwood, who
made no secret of his share of the trans
action. An hour later Deputy Constable
Smith had occasion to call at the district
attorneys office, and while in conversa-
tion with Mr.. Hardesty repeated what
Lockwood had said That gentleman at
once made an investigation into the
matter, and finding that all of those
who had heard Lockwood make
the assertion that he had shell
tered Damron were ayerse to swear
ing to complaint against the
Justice, as they were officers of his court,
filed complaint against Lockwood him
self, swearing to it on information and
belief, in the township court. Justice
Savage Immediately issued warrant for
Lockwood's arrest, which was placed in
the hands of Constable Clement for
service, and at IL 80 O'Clock Lockwood
was arrested in his own courtroom and
taken before Justice Savage for arraign-
ment. The defendant was then arraigned
upon the charge of harboring and pro-
tecting person charged with a
felony to prevent such persons ar
rest. The complaint, which was 6
lengthy document, comprising two pages
of typewriter matter, embracing re.
sumo of the Damron case, including a
copy of the note for $110 alleged to have
been forged, was read to the defendant.
When the question arose as to when the
case should be set for examination,
Lockwood, who was represented by
Messrs. G. G.. Stephens and ]. Marion
Brooks, demanded an immediate ex-
animation. Mr.. Hardesty, on be-
half of the state, informed the
court that this would be an
impossibility, as his witnesses were not
present and he had not been able to pre-
pare for the case. The matter was
argued briefly by counsel, and Mr.
Hardesty asked the court for time in
which to prepare athdavits in support OF
his motion for continuance, whereupon
Justice Savage placed the defendant
under bonds in the sum OF $4,000, and
ordered continuance until 80 in the
afternoon. The defendant made no ef-
fort to secure bail, and having an
nounced his intention of going to the
county jail, was escorted to that institu-
tion by Constable Clements, and re-
mained there until l 80 O'Clock.
At the hour appointed for the re-
sumption of the case, the court room in
fhr To Ia HaI oil OCT fO
suffocation, there being jury and sew
which had been set for trial at the same
hour, in addition to the throng of spec
tators attracted by the news of Lock.
woods arrest. The defendant having
been brought into court, took seat be-
hind his counsel, and few moments
later Mr.. Hardesty signed and swOre tC
an affidavit, which he proceeded to read
By this document it was shown to the
court that as Justice Austin had left the
city for San Bernardino, it was impos
sible to obtain the records of his court
which were absolutely necessary to the
prosecution; also that Fred Smith, 6
material witness for the state, had gone
to SAM an that Charles
Jennings, another material witness, was
not present.
This affidavit having been filed in
support of the motion for continuance
the matter was argued at some length
/by Messrs Stephens and Hardesty. The
former in opposing the motion stated
that the affidavit was fatally defective
in that it did not state what facts the
absent witnesses would testify to, OF
that the district attorney hoped to Sc
cure their attendance, as required by
the statutes. He then cited decision
of the supreme court in the case of the
People VS.. Barnes in April, 1855, tc
show that the court must proceed with
the examination of a defendant imme-
diately after his arrest.
Mr.. Hardesty, in reply, said that such
literal translation of the letter of the
statute would paralyze the courts, and
insisted that the fact that jury trial
was then pending in the court was
alone good and sufficient reason for a
continuance.
Mr.. Stephens said that in order to
shorten the matter he would move the
court for dismissal of the case on the
ground that the complaint was sworn to
on information and belief, and cited the
weIl-known Dimmig case as his author
ity. After a prolonged argument pro
and con, the matter was submitted to
the court, who said he was not prepared
to pass upon the motion to dismiss at