Los Angeles herald., 1891-09-09

case be dismissed, upon the ground tha
we have not sufficient evidence to secure
a conviction"
The same order was entered, and the
bail eXonerated.
"There are also four indictments, con.
tinued Mr.. McLachlan, now pending in
this county against Frank Lauterio. None
of these indictments have been tried
They involve certain warrants issued
and presented to the treasurer of this
county. / have examined those cases
carefully, and all the evidence at the
command of the people, including GER
tain statements heretofore made in
writing, by Frank Lauterio, and taking
the whole matter into consideration, |
do not believe we have evidence suffi-
cient to justify trial or secure a con-
viction, and therefore on that ground l
ask that those indictments be dis
missed"
This motion was also granted.
The Cohn cases came next. Mr.. Nc
Lachlan continued: "There are three
indictments now pending in this court
against L. B. Cohn for obtaining money
under false pretenses from the county
treasurer OF this county. have exam
have also talked with the county treas
urer, Mr.. Banbury, upon whom the
fraud is alleged to have been committed,
and from his statement of all the trans
actions that took place, which was en-
tirely in the presence of Mr.. Banbury,
| am satisfied that we never could Sc
cure a conviction in either of those
cases; and 1 therefore ask that those
lnHInfOOpntC ho
missed, upon the ground that we have
not sufficient evidence to secure con-
viction."
The Court-In those cases the money
has been paid back?
Mr.. McLachlan-Nearly all the money
involved in the Edelman, Lauterio and
Cohn cases has been recovered back by
the county in suit against L. B. Cohn.
Not all in the case of Frank Lauterio has
been recovered, but nearly all in the
Edelman cases and all in the Cohn cases
has been recovered. That is an element
that has always entered into the discus
sions of the jury in determining the
guilt OF these parties. 1t in some way
creeps into the jury that the county has
recovered this money, and that has hold
its influence on every verdict, whether
right or wrong. | discovered that in
talking with different jurors who sat on
the trial in these cases.
The Court-For the reasons stated
those cases are dismissed and the bail
exonerated.
Mr.. McLachlan: move further that
the case against Thomas A. Brooks be
dismissed. This was case tried some
time in the year 1890, on an information
against Mr.. Brooks. for assault with IN
tent to commit rape. An application
was made for a new trial before his
honor Judge Mckinley. Judge McKin-
ley granted new trial, and the district
attorney of this county took an appeal
from that order granting new trial.
The case went to the supreme couyt,
and an order has just been sent down
sustaining Judge McKinley's decision
and granting the defendant new trial.
The facts are that the girl whom Brooks
is said to have committed the rape upon
is now the wife of Mr.. Brooks, and they
are living happily together and be-
lieve have family, and 1 am satisfied
from an investigation of all the evidence
in that case that we would not approach
anywhere near a conviction, and there
fore ask that the case be dismissed.
The Court-Let it be dismissed and
bail exonerated.
Mr.. McLachlan-In the case of Frank
E. Rose who was tried and convicted of
'bunco" some time in 1890. motion
was Immediately made by the defendant
for a new trial, which motion was
granted by the Honorable Judge Che
ney, then presiding judge of this de-
partment. The former district attorney
took an appeal from the decision OF
Judge Cheney. Upon the hearing of
that appeal, the supreme court sustained
the decision of Judge Cheney in grant
ing new trial for the defendants and
the supreme court, in rendering the
decision took occasion to review
the testimony adduced in that
case, and held that the most material
testimony upon which the conviction
was had was improperly admitted on the
first trial; and after a careful examina-
ton OF all the testimony adduced on that
trial, and in view of the ruling of the
supreme court as to the admissibility of
certain testimony therein, am satisfied
that the people have not sufficient evil
dence left to secure conviction, should
we proceed to try the said defendant
again. | may add that one of the judges
OF the supreme court, in reviewing this
CAST, CTlGlClSGu bll6 lulOT COuIdlnGu
therein, and intimated that the same is
hopelessly detective. For these reasons
therefore ask that the said information
be dismissed. l make all these motions
after great deal of research,
investigation and consideration, and
have come to the conclusion
that it would be useless waste of the
county money to try any or either of
these cases further. My only desire is to
do that which is for the best interest of
the county, and l may add that have
consulted with the board of supervisors
with reference to these matters, and
they have approved the course that 1
now take"
The Rose case was also dismissed.
Thus in less than an hour the criminal
records were cleared of the most sensa-
tional cases in the history of the county,
and nobody but the taxpayer is any the
worse off.
A Druggist Surprised.
j. G. Bone, druggist at Dunmore,