Los Angeles herald., 1890-09-18
LAWSON DISCHARGED.
AN ATTEMPT TO MURDER HELD TO
BE NO CRIME.
the Lawson Examination-The Defend
ant Rearrested.

At nine O'Clock yesterday morning
Charles Lawson again appeared before
Justice p. E. King, sitting for Justice
w. G. Lockwood, that being the hour
set ty the court for its decision ON the
motion made by the defendants counsel
on Tuesday afternoon, for the dismissal
of the defendant.
When the case was called, Justice
King announced that the motion for a
dismissal would be denied and ordered
that the case be proceeded with. All
the testimony for the prosecution having
been put in, the defense called upon A.
B. Lawson, the defendants brother and,
until Tuesday afternoon, co-defendant
in the case, to take the stand.
The detective corroborated the testi-
mony of Richard Culver and other eye
witnesses up to the time of the scuffle on
the pavement in front of the Lanfranco
block. From that point he was unable
to remember what occurred, and the
most rigid cross-examination failed to
elicit any information about the affair.
He had no weapon, nor did he know
how or when Moody was stabbed.
This was all the testimony offered by
the defense, and upon it the case was
submitted. The court after few mo-
ment's consideration of the matter de-
livered itself of the following surprising
decision, after reading from section 1877
of the penal code, which defines when
homicide is justifable
"The court has thoroughly taken this matte r
into consideration since the motion yesterday
made to dismiss. l have taken into con-
sideration the evidence as given by the differ
ent witnesses and considered the position that
the different witnesses occupied who were there
that evenngI believe that this is case that even
though it went to the superior court that there
would not be a conviction, knowing, as do, OF
other cases that have been sent up to the super
eriOr court from this court in the last month
that have been discharged without ever having
hearing, and l guess the district attorney
knows this
1t has been intimated that the courts decis-
ion in this matter would either make or kill
him. OF course those matters I do not take
into consideration, but only the matter of try
marks. The defendant is discharged"
This decision was somewhat of a sur
prise to all present, except the Lawsons
and their attorney, who had appeared
confident of success from the first, and
a number of comments were passed
upon the subject, which were not indie
ative of satisfaction with the manner in
which justice was meted out in this
city.
After the case had been concluded
Captain Moody made break for the
district attorneys office, where new
complaint was prepared, chatging young
Lawson with an assault with deadly
weapon. 1t recites that on the Sth in
slant the defendant assaulted the COM
planning witness with knife. This was
filed with Justice Savage. who at once
issued warrant and placed it in the
hands of j. ii. Johnston, who arrested
Lawson and brought him to the town
ship Justices court. His examination
was set for Saturday morning, and he
was released until that time by giving a
bond for 81 900, in which A. B. Lawson
appear Saen as
for the prosecution.