Los Angeles herald., 1891-03-29
AMONG THE COURTS,
FOUR JURORS BELIEVE HENRY
EDELMAN INNOCENT.
His Case Not Yet Reset-Cashier Martin
Acquittsd-Rev. Fleming Loses His
Child Notes.

His Case MOI et 1beseS-Sashiof "A Aof 'AAA
Acquitted-Rev. Fleming Loses His
Child Notes.
At 10 o'clock yesterday morning the
jury in the Edelman case, after having
been out all night, was taken into court,
and the foreman, on being questioned by
Judge Smith, announced that no agree
ment had as yet been reached. In re-
sponse to the usual question as to
whether the point upon which they diff
fered was one OF law or'of fact, the fore
man stated that their disagreement was
upon matter OF fact, whereupon the
Jurors were again sent back for further
deliberation, in custody of Deputy
Sheriff Sepulveda. There was no further
communication with the jury until 7:45
O'Clock pm, when Judge Smith Or
dered the deputy sheriff to again bring
thf Rr Prom Che fofsman thatX tXHs S then
ment had yet been arrived at, and that
there was no possibility of verdict.
The court thereupon discharged the
Jury; but made no order with reference
to the resetting OF the case for trial,
this matter being left to future date.
All sorts OF conjectures were made as
to how the jury was divided, while it
was locked up for deliberation, as it
was generally believed that the case
would result in mistrial, but, of course,
no definite information could be OBJ
tanned. After the jury had been dis
charged, however, it was stated on good
authority that the Jurors stood eight for
conviction and four for Rcquittal. The
names Of the quartette who we're con-
vinced Of Edelman's innocence were
said to be j. L. Blackman, N.F. Story,
J. J. Carpenter and R. B. Bishop.
REV. FLEMINa's CHILD.
At 10 O'Clock yesterday morning, the
hour set for the return Of the writ
OF habeas corpus issued by Judge Wade
on Friday afternoon on the petition of
Rev. 3. j. Fleming, an affidavit was pre-
eented in department three, showing
that Mrs. M. l.. Fleming, one Of the per-
sons to, whom it had been directed, was
seriously i'll, and unable to appear. The
other person, j. B. Young, was on hand,
however, and informed the court that
he had neither the custody nor control
of the child. Hubert Fleming, whom
even the writ failed to produce. It was
then stated, and admitted by Fleming,
that the child was only 2 years OF
age;, and on learning this fact Judge
Wade at once denied the petition, and
awarded the custody OF the boy to his
mother until the further order Of the
court.
CASHIER MARTIN DISCHARGED.
The trial of the case against George
n. Martin, who was accused of having
embezzled $4,000 from the Southern Cal
ifornie railway company, in whose en-
ploy he was, on September 18th last,
which has occupied the attention OF
Judge Lucien Shaw and jury, in de-
six, for the past week, was
concluded yesterday.
Deputy District Attorney Delhi op-'
ened the argument during the morning
iof the prosecution. He was followed
by Hon. T. ]. Carran, who in an elo-
quent manner addressed the jury on be-
half of the defendant. After the noon
recess T.B. Brown, Esq, took up the
thread of the argument where his col
league had left off, and in forcible
speech, in which he called at
tention to the lukewarm manner in,
which the deputy district attorney
had conducted the case, arguing there
from that he knew there was nothing in
it, that able lawyer reviewed Martins
story at considerable length, pointing
out the. improbability of his having
acted as lie did had he been guilty OF
the crime. The case was finally. sub
mitted to the jury at 6:15 O'Clock, and
they immediately afterwards went. to
dinner. Upon their return, an hour
later, q ballot was taken, which result
ed, tbs said on good authority, in
showing that ten jurors were for acquit-
tai, against two for convictions. A brief
deliberation was then had, and shortly
after z O'Clock the jury returned into
court with a unanimous verdict of
mot guilty." whereupon both they and
the defendant were discharged.
NOTES.
The trial Of the case against Varcillio
Soto, charged with grand larceny, was
commenced before Judge Smith and a
jury in department one OF the superior
court yesterday morning, and continued
until tomorrow. Soto is accused of hav-
ing stolen the sum of $75 from Caytaf1o
Buelna Of Santa Monica on January 9th
last, while both men were at the "half-
way" house at La Ballona.
Five Chinese lottery cases, appealed
from the police court on the ground
that the defendants had been denied
their constitutional right of trial by
jury, were yesterday set for hearing by
Judge Smith in department. one for
Tuesday next. .
Judge Clark in department two of the
superior court ordered findings and
judgment in favor OF the defendant,
yesterday, in the case Of James Jaynes
vs.. d. G, Wilson ct al.
The default Of the defendant in the
case Of s. Richards We. w. e. Rogers
ct al, having been duly entered in de-
partment two yesterday, Judge Clark
ordered judgment and decree in favor of
plaintiff as prayed for.
In department three of the superior
court, yesterday, Judge Wade granted a.
decree as prayed for in the divorce suit
of Mrs. Theresa Sears vs. Jasper w.
Sears, on the ground Of failure to rro-
vide.
The trial Of the case OF A. W. Boggs
vs. the Lordsburg Hotel company was
concluded yesterday before Judge Van
Dyke, in department Tour, Judgment