The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1891-05-27
HEISEN'S FENCE.
Road 0verseer BasIer Not Guilty Of
Malicious Mischief.
No More Slogging Between the Attor-
neys, but Some Rather Warm
Arguments.

There was a large crowd of spectators
in Justice of the Peace Starts Court yes
terday, when the trial of Road Overseer
Basler. S. S. Harding, j. w. Cox and A.
Ward-charged with malicious mischief.
for breaking down Charles Heisen's
fence-WaS resumed.
1t was evidently expected that there
would be some more slogging between
District Attorney Ryan and Lawyer
Hiram Johnson. But the crowd was
doomed to disappointment. The legal
gentlemen appeared to have recovered
from their wrath, and everything ran
along smoothly, much to the disgust of
the expectant spectators.
The defense occupied most of the day,
the testimony all going to show that the
road which was INSTRUCTED by Heisen's
fence was apublic highway.
WARM WORDS.
The arguments made by the opposing
attorneys to the jury were somewhat
heated and personal, but not enough so
to bring on another set-to like that of
Monday. Mr.. Ryan referred again to the
alleged unauthorized use of his name on
the complaint, and said that he had been
placed iii very unpleasant position. He
had given the Supervisors advice regard
ing this fence, and they had ordered Road
OVerSeer Basler to have it removed. Mr..
Basler aHd his assistants simply carried
out the wishes Of the Board, and conse-
quently had no malice in the matter The
District Attorney made some rather
caustic remarks regarding the complain
ing witness, HeiSen. He accused HeiSen
OF making use OF a criminal court to get
possession Of some land that did not be-
long TO him. lie was too mean and vim
dlctlve TO go about it like d man, and
bring suit III tie civil courts. When
Basler had first
REMOVED THE FENCE,
Said Mr.. Ryan, Heiscn had him and his
assistants arrested for malicious mis-
chief. The case was tried before Justice
of the Peace Henry, and the defendants
We're discharged. Then the Supervisors
ordered the fence removed again and
again was the Road Oyerseer and his as
sistants arrested. This time, said MIR.
Ryan, Heisen took the case before JUS
tice starr, but the defendants demanded
trial by jury. The District Attorney in
sisted that there was nothing malicious
in the act of the defendants, and that the
road was public highway.
Lawyer johnson made the closing ar
guinent for the prosecution. He said
that the question OF whether or not the
road on which Heisen's fence stood was a
| public highway really cut no figure in
the case, but, at the same time, the evil
dence showed that il was not a public
road, and consequently
HEISEN HAD RIGHT
| To protect his property. He denied all
of the charges made against He1sen by
the District Attorney and attributed
them to Spitefulness. It was plain, he
! thought, that Basler had overstepped his
authority, and had maliciously broken
! down Heisen's fence, and opened way
! through the latter's land for the accom-
mediation of three or four sand haulers
| After Judge Starr had charged the jury
| the COURTROOM was cleared for the twelve
wise men to deliberate. They soon
rendered verdict of not guilty, and the
defendants Went their respective ways
! jOyfully-and Heisen scowled a deep,
! dark Scowl.
It is stated that the litigation over the
matter is not ended yet, and that Heisen
now proposes 10 take the District Attor-
neys advice ard commence civil pro-
ceC2ings III the Superior Court.