Los Angeles herald., 1891-03-01
IN THE COURTS.
HALsTEAD UNSUCCESSFUL IN HIS
HABEAs CORPUS PROCEEDINGS.
Judge Smith Sick with In Grippe-A
Number of Notes of Matters Acted
Upon Yesterday.


the city Jail, imposed upon him on the
9TH inst. by Police Judge Austin, by
whom he was convicted of the crime of
petit larceny, made another unsuccess-
ful effort to secure his release on a writ
of habeas corpus yesterday. This ap-
plication was directed to Judge Clark,
but in the absence OF that dignitary,
Judge Shaw issued an order setting the
case for hearing at 10 a. m. At that
hour, however, he was busily engaged
in the trial OF another case, and
the matter was transferred to
Judge Wade. The defendant was
represented by j. A. Donnell, ESQ.,,
who argued for writ on the grounds
that his client had been committed
without probable cause; that the COM
mitment was void. because it was con-
trary to the provisions of section 400 of
the penal code; and that III. G. Austin,
the police judge who convicted and
committed his client on February 5th,
last, was not police Judge.
Deputy District Attorney Blades, on
behalf of the state, quoted the Whitney
act, ann argued in similar strain to the
line adopted before Judge Smith, in de-
partment one, few days ago. After
hearing both sides, Judge Wade denied
the application for a writ OF habeas COR
pus, and remanded the defendant to
Jail.
A study of the evidence in the case is
almost convincing as to the sentence of
Halstead being a miscarriage OF justice,
and makes it extremely probable that
he is innocent of the crime charged.
He was foreman of the Santa Fe yard,
and was getting 500 a month salary.
He claimed that he purchased the robe
in question flom a man who came to the
yard where he was at work, and repre-
sented that he was stockman who was
hard up, and that he purchased the robe
for So, which he borrowed from COM
panion, which was corroborated by the
man from whom he borrowed the
money. 1t is peculiar case, in which
it is not impossible that spite work has
played large part.
In the absence OF Judge B. N. Smith,
who was suffering from an attack of the
dread la grippe, Judge Lucien Shaw
occupied the bench in department one
of the superior court yesterday morning
for few minutes, and disposed OF the
following business:
On motion of the district attorney, a
new information was filed against James
McGraw, a Juvenile scamp, charging
him with grand larceny. He is accused
OF having, on January 20th last, stolen
horse and buggy, valued at $500, the
property of j. A. Barrows, who resides
at 236 Jefferson street, from the corner
OF Second and Broadway, where it had
been hitched.
H. 7. Parkins, the saloon-keeper
charged with having received stolen
goods, entered his plea of not guilty,
whereupOn his case was transferred to
department six for trial.
Thefive cases appealed by Max Harris,
and the trial of the Damron forgery
case, which had been set for hearing
Yesterday, were continued until Wednes-
day next.
In department three of the superior
court, yesterday, before Judge Wade, the
cause of Lotta Bannister VS.. George L.
Bannister, a suit for divorce on the
ground of desertion, came up for hear
ing, and resulted in decree for plaintiff
as prayed for.
Samuel L. Rice, an old man, who for
some time past has been an inmate of
ILS llOspItdl, WuS OClOiC
Judge Wade yesterday, for examination
as to his sanity, by the lunacy commits
sioners, on complaint of Officer Dorsey,
who arrested him on Temple street, on
Wednesday last. The examining ply
sicians, however, came to the conclusion
that the old man was not sufficiently
crazy to warrant his committal to an
asylum, whereupon the court remanded
him to the county jail, whence he will
be taken to the county poor farm.
Judge Shaw and jury, in department
five, were occupied for several hours yes
terday in the third trial OF the cause of
G. S. Silnons vs.. G. d. Platt, suit on
promissory note, alleged to be due on
jewelry transaction, and after brief
deliberation the jury returned verdict
for the plaintiff for $253 Is, the amount
claimed and costs.
The United States circuit court con-
vened for few minutes yesterday morn
ing, but Judge Ross continued all cases
set for hearing until Monday morning,
when Judge Lorenzo Sawyer will occupy
the bench, provided that he can reach
this city in time.
Fred Holm, the proprietor OF saloon
at Portervllle, was yesterday held to
answer to the charge of selling liquor to
Indians, by United States Commissioner
Van Dyke, under bonds in the sum of
$3.50.