Los Angeles herald., 1891-04-18
THE COURTS.
HOW JUSTICE IS DONE TO THE
FRIENDLESS AND MoNEYLES IS.
A Case Which Is in Itself Comment on
Some Other Cases-The Kaweah Cases.
An Important Decision-Court Notes.

W1llam thompson lS poor, 1rlend-
less negro, who came here short time
ago from Alabama. When he got to Los
Angeles he had nothing, neither money
nor friends. He wanted something to
eat and place to sleep, and he did not
have the money, he took horse
belonging to s. j. Tucker and endeav-
.ored to sell it.. He was caught while
trying to dispose of the animal. The
law makes his conduct crime, to wit,
grand larceny. Upon that charge he
was arrested.
Yesterday in department one he ap-
peared for trial. He had no lawyer to
defend him, to secure continuances and
delays, or to take advantage of those le-
gal technicalities by means of which 80
many guilty criminals escape. So he
entered plea of guilty, and in day or
so he will be sentenced.
In just month after his crime was
committed, crime by which no one is
sufferer, he will be landed behind the
bars of San Quentin. How different is
this from the manner in which justice
is dealt out to such influential citissIs
as Lockwood, Damron ":'u tne hoel-
mans. And ye1 tiloy are pleased TO term
IL eua- handed justice, dealt out to one
and all alike.
THE KAwEAH CASES.
The trustees of the Kaweah colony ap-
peared in the United States court for
sentence yesterday at IL. But it was
not given. Mr.. Dillon interposed no.
tice of motion for a new trial, which
sent it over for ten days.
The second case was called. This
second case is different and much better
for the defendants than the first case
was. In the first the defendants claimed
the right to cut timber under Zobrist,
whom they admitted had made no fl
ing, but who applied for permission to
file and was refused. In the second
case they claim under Haskell, who did
make filing and before the lands were
withdrawn from entry.
The government asked that this sec.
ond case be continued sor the term The
defense protested and the court sustained
them.
United States Attorney Cole then de-
clined to 60 to trial and ordered the
case dismissed. A clear victory for the
moment, at least, for the colony.
Thepublic will watch with interest the
progress of the civil suits to follow in
May.
During its progress it does not seem
right to harass them continually the
civil suits ought to be settled first before
police powers are invoked.
AN ILLEGAL BUSINESS.
Max Harris was yesterday tried in
department one on charge of selling
lottery tickets to boy named J. A.
Lugo, on December 9TH last. The testi-
mony as to this was conclusive and
clear, and not combatted by the defense.
The defendant did not take the stand at
all, but his counsel in their argument
endeavored to show that the testimony
of Lugo was not reliable, as it was that
of an informer. Lugo was given 81 by
Detective Bosqni to purchase the ticket
from Harris and did 80.
The argument in the case was con-
cluded, and this morning it will go to
the jury for decision.
AN IMPORTANT DECISION.
Superior Judge Clark yesterday rem
dered o decision in the matter OF the
estate of w. d. Stephenson, in which
an administrator account was brought
into question, in that his item for com
missions was contested. The court held:
First. That commissions should be
allowed on the amount of the estate
accounted for by the administrator at it's
value at the time accounted for. In
determining the value at that time the
appraisement is prima facie evidence.
Second. Where a stranger to the es-
tate pays the debts OF the estate through
friendship or in interest in the heirs, the
amounts SO paid through the medium of
the administrator do not, think, be-
come part of the estate of deceased,
nor would the administrator, should he
fail to make proper application OF such
advancements, be liable generally upon
his bond. The creditor for the payment
OF whose claim the money was advanced
would be entitled to complain.
Third. Where property of the de-
ceased is subject to mortgage and is so
distributed, the value of the equity
should be taken as basis of estimating
commissions.
Fourth. Where an estate is involved
in complication and the executor or ad-
ministrator is trained lawyer and per-
forms the service of an attorney, he
should have further allowance.
In this case the administrator was
allowed 30 per cent. of his commissions
Tor fees as an attorney.
SUPREME COURT.
At the session of the supreme court
yesterday, on presentation of license
from the supreme court of Nevada,
Leroy D. Brown was admitted to
practice.
The cases of Simpson against Pasa-
dena, and of Luce against De Toro were
argued and submitted.
At the afternoon session of the court
the rehearing in the celebrated case of
Pico against Cohn came up. Evans A.
Smith made an argument for the appel
liant. Stephen M. White made bril-
liant argument for the respondent,
which attracted large number of law
yers, who crowded the court room. Mr..
White claimed that there was no ground
upon which the judgment could be set
aside, which had already been decreed.
COURT NOTES.
Fred Smith, not Fred c.. Smith, OF
this city, but plain Fred Smith, OF San
Bernardino, was before United States
Commissioner Van Dyke, yesterday, on
charge of selling liquor to Indians. He
will be examined May 9th. In the
meantime he was released on furnishing
$3.50 bail.
The Southern Pacific railroad COM
pany and George Loomis yesterday COM
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