Los Angeles daily herald., 1890-03-01
FAILED TO PROSECUTE.
An Adultery Case which Was Nd
Tried.

Am A0uttery O8se Wnhco "1s Nos
Tried.
At $50 o'clock yesterday morning
large crowd assembled in the lobby of
Justice Lockwood's court room, in ex-
pectation of watching the proceedings in
the preliminary examination of Charles
Fisher, who was charged with adultery.
When the case was called the defendant
was In court, and announced his readi-
ness to proceed, although he had not re-
tanned counsel to defend him; but Dep
uty District Attorney Diehl asked for 9
continuance, as none of the witnesses for
the prosecution were in attendance, and
the SUBJ ena for the complainant and
his wife had been returned unserved.
The court accordingly continued the case
until 80 O'Clock in the afternoon, and
issued attachments for the missing wit
nesses. At the appointed hour the de-
fendant again appeared in court, unat.
tended by counsel, and in confident
manner again announced himself as
ready to proceed with the case.
Mr.. Diehl, the prosecuting attorney, in
formed the court that the dep
uty constable had been unable to
serve the attachments upon either the
complainant, James Huston, or his wife,
both having disappeared from the city,
and left no clue as to their whereabouts.
On this showing the court dismissed the
case and discharged the defendant.
The charge upon which Fisher was ar
rested on the afternoon of the 21st inst,
was preferred against him by James
Huston, who returned like Enoch Arden,
after a somewhat shorter lapse of time,
however, to find that his wife, whom he
had left alone at their former residence
while he went into the country to seek
employment, had disappeared. 1t was
stated that he made inquiries in every
direction and finally traced his missing
wife to No. 5l9 South Spring street,
where he alleged she was cohabiting
with Fisher. He further stated that the
relations of the guilty couple were un-
known to their landlady, as they had
taken pains to assure her that they were
married, and had deceived her by exhib-
iting Huston'E marriage certificate, which
Mrs. Huston had carried away from her
former residence. The injured husband
implored his wife to return with him to
their old home, but she refused to have
anything further to do with him, and he
songhr the aid of the police department
and filed the complaint which led to
Fishers arrest.
Mrs. Huston claimed that her hus-
band had frequently ill-treated her, and
that he is addicted to Drunkenness. She
alleged that when under the influence OF
liquor he had beaten her severely on
several occasions, and had disposed OF
all the portable furniture of which they
were possessed i'll order to obtain money
wherewith to appease his craving for
whiskey. 1t is alleged that Huston spent
term of three months in the county
Jail not long ago for battering the driver
of bakers wagon while drunk. She
further claimed thst Fisher befrisnded
her and treated her as kindly as Huston
had mistrssted her, and declared that
nothing would alter her determination
never to live with her husband again.
1t is stated that Huston forgave his
wife and prevailed upon her to accom-
pany him to Pitttsburg, Pa, from which
place they came to this city two years
ago.