Los Angeles herald., 1891-05-27
Participants in the Itata In
cident Indicted.
The Aaron Abbott Perjury Case
on Trial.
The Corporate Limits of San Pedro
City.
Judge Shaw Scores Jury-"Rev." Sam
Judge Shaw Scores Jury-.Rev." Sam
uel Flemipg's Case Bobs Up Again.
Notes of Cases Acted Upon.

The United States grand jury made q
partial report to Judge Ross yesterday
forenoon, and was thereupon excused
from further attendance at court till
June Goth. The report, as far as can be
learned, contained six indictments, two
of which were returned against Geo. A.
Burt and Capt. O'Farrell, supercargo
and master respectively OF the schooner
Robert and Minnie. Another of the in
dictments was brought against the Yu-
ma Indians who have been lying at the
county Jail for the past few months,
charging them with murder. The Indi-
ans are named Mojauquadiver, Chu-
delewu and Hamahsalanu, and they are
accused of killing one Capedaor. No in
formation could be obtained as to whom
the other indictments were for, as the
men are not yet under arrest. It is not
known whether they have any reference
to the Robert and Minnie affair or not.
Warrants were issued for the arrest of
Captain O'Farrell and George A. Burt
as soon as the jury's report was read.
O'Farrell, who has been at liberty on
$4,000 bonds since his former arrest, was
.
Office throughout the rest of the after
noon, Judge Ross being absent from the
city at his ranch. Supercargo Burt re-
turned from San Diego on the / O'Clock
train and was arrested shortly after.
Judge Ross came into the city at
O'Clock and Burt's bond for $4,000,
which was the sum required, was ac-
cepted. O'Farrell, who was held in the
same amount, was unable to getsureties
last night and was compelled to 90 to
Jail. He hopes to get bail today.
Mate Cain and the four seamen in the
county Jail as witnesses were not in
dicted, but they are still held to testify
in the trial of Burt and O'Farrell. The
bond of two of them is fixed at $1,000,
and the remainder at $500 each.
THE ABBOTT PERJURY CASE.
The trial of Aaron Abbott on the
charge of perjury, alleged to have been
committed by swearing to the statement
that he had only visited certain motor
ious house on Alameda street twice
within certain time. when he was on
trial in the police court for vagrancy,
was continued yesterday morning at 10
O'Clock in department one of the superior
court before Judge Smith. Officers Be-
van, Rohn and Vignes and Lottie Miller
Abbott, wife of the defendant, were on
the stand in the forenoon. The testi-
mony of the officers was to the effect
that Abbott came to Lottie Miller's
house repeatedly during the time men
toned in the complaint, and was seen
there by the patrolmen almost every
day. Abbott put on the appearance of
a workman by wearing pair of overalls,
oil no Enn RI In
work. Vignes testified that he had
seen Abbott go to mortar pile and
daub these overails with mortar 80 as to
make them appear to have been used.
When the prosecution closed, G. @.
Stephens, Abbott's attorney, moved that
the jury be instructed to acquit, but the
motion was denied. Lottie Miller, Mrs.
M. A. Young, Joseph Hyland, Mrs. Hy-
land, James Walsh, Fred Rasmus,
Charles Smith, Mrs. Merced Abbott and
the defendant himself testified in the
afternoon. Mrs. Young, who keeps
lodging house in East Los Angeles, said
that Lottie Miller boarded with her,
and was home and in bed by 10 O'Clock
every night. She understood that Lot
tie was "in business" on Alameda street.
Joseph Hyland, clerk Of the Pico house,
and Mrs. Hyland. his wife, testified that
Abbott came to the house on
February IA and remained there
during the next month, sleeping there
every night. A man named Walsh,
who claimed to be a painter, said that
he had worked for Abbott in painting a
house on Alameda street, and Mrs. Alb
bott swore that her son had always
earned his living at his trade. The tes-
timony was all in by O'Clock, but the
counsel had no instructions ready, and
the case went over till today.
AN INTERESTING CASE.
Judge Clark yesterday handed down
an interesting opinion in the case of F.
Wiedwald vs. James HI. Dodson, ct al,
the defendants forming the board of
trustees of the city of San Pedro. The
suit was brought to obtain a writ OF
mandate requiring the trustees to call
special election to determine
whether or not the boundaries
of San Pedro should be changed
and certain territory excluded. The
case was somewhat complicated. One
election was held to determine the
same question and the trustees, on can
vassing the returns, declared that ma
jority of the votes were in favor of no
change in the boundaries. A suit was
brought alleging that the election
resulted differently, and asking for
writcompelling the trustees to so declare.
At the same time petition was circu-
lated for new election and presented
to the trustees, who refused to issue
call. Suit was then brought for writ
to compel them to call such an election,
which was the case decided Yesterday.
The trustees maintained that the first
suit involved the same questions as the
one at issue, and therefore plead that
case in abatement. Judge Clark held
differently, however, and ordered tie
writ to issue.
SCORED THE JURY.
Judge Shaw, yesterday morning, took
occasion to make some very pertinent
remarks to the jury which tried the case
of An Charley, charged with conducting
a percentage pool game, which, after be-
ing out some twenty-one hours, failed to
agree. When court convened, yester-
day, the jury was brought into
the court room, and the foreman
announced that owing to the stubborn
ness of one individual, who stood out for
conviction, they had been unable to
reach verdict. The juror thus de-
nounced said that he had been bulldozed
and bullyragged by the rest of the Jury
for hours and he didn't propose to stand
IL F. he had done what his cnnacianca Ill