Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-09-27
is VAGRANCY CRIMINAL i?
ATTORNEY JONES PROP0UNDs
RATHER KNOTTY QUESTION.
Judge Armstrong will Take Time Il
Decide It-Leon stillon was
Denied jury Trial.
Is a vagrsnt a criminal?

Is a Vagrant criminal!
That was the novel question attorney
Charles 7. Jones sprung upon Superior
Judge Armstrong yesterday afternoon.
The case of Leon Stillon, who was con-
victed some time ago by Police Judge
Buckley of being vsgrant, and who,
through his attorney, Major W. A Ander-
son, appealed to the Superior Court, was on
hearing on the prisoners motion for dis
missal.
Major Anderson first took the floor and
began reading the proceedings and the
testimony taken at the Police Court trial.
The transcript showed that the defendant
had demanded jury trial, and that privi-
lege had been denied him by Judge Buck
ley. This, said Major Anderson, was one
of the grounds-and the principal one-on
which his client asked that the Judgment
Of the Police Court be set aside. The Con-
stitution of the United States, said the at
torney, gave persons charged with violat-
ing the law the right to a trial by jury. Mr..
Anderson then went on to read the testi-
mony of police officer Simmons. which
W rs W luc t44cCt lldL GllilOl was oil lulC
and
DISSoLUrE CHARACTER
That he lived in and about, and frequented
houses of ill-fame, etc.
The attorney had not proceeded far,
however, when Judge Armstrong inter-
rupted him, and said he did not see the
necessity of taking up the time of the
Court in this manner. He intimated that
the fact that the Police Judge had denied
the defendant his constitutional right of
demanding jury trial was enough to dis
pose of the case, and it would be waste of
time to hear the other grounds.
Attorney Charles t. Jones, who assisted
City Attorney Hart in the prosecution of
Stillon, arose at this juncture and an
nounced that he was ready to argue the
points whether or not Stillon was entitled
to jury trial.
DO you mean to say that the Court had
q right to deny jury trial in this case? ''
asked Judge Armstrong, with surprise.
Yes, sir" replied Mr.. Jones, land l am
prepared to cite plenty of authorities in
support of my position.
The Court looked dubious, and said he
didn't see how it was possible in the face of
the statutes. However, he gave Mr.. Jones
permission to proceed with his argument.
Mr.. Jones started in by reading de-
cision rendered recently by Superior Judge
Keyser, of Yuba county, in case which
was almost counter part of the Stillon
case. In this case Judge Keyser was of
the
EMPHATIC OPINION
That person charged with vagrancy did not
come under the list of those entitled to a
Jury trial, and added that if such privilege
were allowed it would tend to break down
the effect OF the vagrancy law. Judge Key
ser, in his opinion, cites decision by Su-
preme Justice Field to back him up, and
other opinions.
Mr.. Jones next cited an opinion by Judge
Spencer, of Santa Clara county, which was
similar in effect TO that rendered by Judge
keyser.
The attorney added that, in his own
opinion, vagrant was not criminal in
the true sense of the word. A vagrant was
q person considered to be dangerous, whom
the law contemplates restraining, by fine or
imprisonment from committing crimes.
He said the case was similar to person ar
rested for threatening anotber's life. The
person had as yet committed no crime, but
was either put under bonds to keep the
peace, or, in case the person could not fur
nish bonds, was imprisoned.
MsJor Anderson replied at length to Mr..
Jones argument, and cited numerous au-
thorities in support of his position that
Stillon should have been allowed jury
trial.
1t was evident, however, that Mr.. Jones'
argument had made an impression upon
the Court. and the latter determined to take
the matter under advisement
Mr.. Jones requested that when the de-
cision was rendered it be in writing and in
detail, as it involved an important question
and would be looked forward to anxiously
by the legal profession. Judge Buckley,
he said, had established the rule of deny
ing jury trials to persons charged with va.
grancy, and it was important that the Law
OF the country should be established