Los Angeles herald., 1891-06-04
THE COURTS.
FLEMING MAY BE ADMITTED TO
BAIL.
His Consignment to san Quentin Stayed
Pending the Hearing of His Appeal.
A Defective Complaint-Notes.

Judge B. N. Smith yesterday in de-
partment one of the superior court
signed Certificate of probable causen
in the Fleming case, which will stay
proceedings as far as the consignment of
the ex-pastor TO San Quentin is con-
cerned, until the supreme court passes
on the appeal which has been taken to
that tribunal. At the same time mo-
ton was made by the defendants attor-
neys to fix Fleming's bail, pending the
decision of the appeal. Deputy District
Attorney G. G. McComas cited authori-
ties to show that prisonerin Fleming's
position should not be admitted to bail
unless some extraordinary event had
happened since his conviction, which
was not the case in regard to the ex-
minister, Judge Smith will rule on the
motion this morning. Ii Fleming is ad-
mitted to bail he may be at liberty a
whole year until the supreme court gets
around to his case, and if bail is not al
lowed he will remain in the county jail
instead OF being taken to San Quentin.
DEFECTIVE COMPLAINT.
The appeal case OF the People VS..
Charlie Lee Kong was dismissed by
Judge Smith. yesterday, because the
original complaint did not sufficiently
show that public offense had been
committed. Kong was convicted before
Justice Austin of selling Chinese lot
terry ticket for ten cents. At the time
of the trial before the magistrate de-
murrer was entered against the COM
plant and overruled. An appeal was
taken to the superior court and new
trial granted on the grounds that the
Justice had committed error in overrul-
ing the demurrer. The new trial was
set for yesterday and Judge Smith dis
missed the complaint on the presenta
tion OF new demurrer. Kong was fined
$40 in the lower court.
THE LEoNIs CASE.
Today will probably see the termina-
tion of the Leonis will case in depart
ment two. Judge J. R. Dupuy argued
before the jury in the forenoon yester-
day and j. ID. Reymert took the floor
after the noon recess. The argument
will close today and it is possible that
the case may get to the jury before this
evening. A great deal of interest has
been created in this case in the French
colony, and the decision is anxiously
awaited. 1t is believed that the attor-
neys for Nettie Pryor have proved her
title to share of the estate.
COURT NOTES.
The claimants of the schooner Robert
and Minnie have not yet perfected their
bonds for the release of the vessel pend
ing the libel proceedings, but will do
so in all probability before the close of
the week. The schooner will then be
taken back to San Francisco by Captain
Thos. O'Farrell. Isl
The damage suit OF Auguste Schwamm
against the Southern Pacific company;
who sues for $4,000 for the killing of
her husband in this city in 1887, is still
on trial in department four.
In the United States district court,
yesterday, the demurrer of Pedro Chi
ma, who is charged with selling liquor
to Indians, was overruled and the time
for pleading set for June 8th. The trial
OF Vicente Seminna, under a similar
charge, was continued for the term, and
the defendant released on his own re-
cognizance.
Ballard P. Cox, who is also charged
with selling liquor to Indians, was ar
raigned before Judge Ross and pleaded
not guilty. His bail was reduced to
$3.50, and the case was continued for the
term.