Los Angeles herald., 1891-05-29
The COURTS.
Burt and O'Farrell Plead Not
Guilty.
The Robert and Minnie Chest
nut Bobs Up Again.
Aaron Abbott Acquitted of the
Charge of Perjury.
Boyce Versus Studebaker-Other Mat
ters Acted Upon Yesterday.
Court News Notes.

George A. Burt and Captain Thomas
O'Farrell were formally arraigned in the
United States district court yesterday
morning. on the charges preferred in the
indictment returned by the grand jury
on Tuesday. Ricardo Trumbull is
charged with the same offenses in the
same document, but he has not yet been
brought to this city from San Francisco
and the proceedings against Burt and
O'Farrell were proceeded. with indie
pendently of the case against him.
Messrs. George ]. Denis and Alex. A.
Campbell appeared for the defendants,
and after waving the reading of the in
dictment, presented demurrer to that
document, alleging that each and every
count fails to state any offense against
the laws of the nation. Judge Ross
promptly overruled the demurrer Burt
and O'Farrell then entered their pleas
of not guilty.
The matter of the libel proceedings
against the schooner Robert and Minnie
also came up in the district court yester-
day. On motion of the proctors for the
claimants, Messrs. Denis and Campbell,
it was ordered that Thos. B. Hayes,
Geo. Kinds and W. T. Halstead act as
appraisers, to report to the court the
value of the property seized. Captain
O'Farrell filed stipulation for $500 on
behalf of himself and partners, James
Neyland, w. E. Reed and d. McKinnan,
who collectively own and lay claim to
the Robert and Minnie. District Attor-
ney Willoughby Cole waived notice of
the filing of exceptions to the informa-
tion of libel and after court adjourned,
Attorney Denis, for the claimants, filed
exceptions praying for the release of the
schooner. These will probably be pre-
sented to the court and passed upon to-
day. The arraignment OF Richard rum
bull will also take place today, if he ar
rlves from San Francisco, as is expected.
TAKEN UNDER AMUSEMENT.
The argument OF the motion for new
trial in the case of Rev. Samuel j.
Fleming, who has been convicted d by
jury of an assault upon with intent to
rape his servant girl, Annie Peterson,
occupied the whole day in department
one of the superior court before Judge
Smith, yesterday. Attorney 7. ]. Car
ran took the floor in the forenoon at
10 80, and spoke till the noon recess.
Assistant District Attorney McComas
followed after the reassembling of court,
closing at o'clock, and then Henry T.
Gage closed the case for the defendant.
Judge Smith announced that he would
take the motion under advisement till
Tuesday next The motion was based
principally upon the allegation that
Fleming was absent from the courtroom
on several occasions during the progress
of the trial. The defense has attempted
to show that testimony was taken in his
absence, but the state has made strong
and probably successful effort to dis
prove this.
ABBOTT ACQUITTED.
Aaron Abbott was acquitted of the
charge OF perjury after twelve farmers
had spent twenty-four hours wrestling
with points OF law and industriously try
ing to forget the facts OF the case. When
the HERALD went to press yesterday
morning the jury was still out, having
left the courtroom at 10:10 in the fore
noon OF the day before. Yesterday, as
soon as Judge Smith took the bench, he
sent for the jury. The foreman an
nounced that they had not agreed be-
cause they couldn't understand the in
structions, some of the sentences of
which "were six lines long" GA law
yer might make them OUT" said he,
"but it is different with us farmers"
One point in particular seemed to
stick the jury, and Judge Smith ex-
planned that if they found that Aaron
Abbott did not make his home with Lot
tie Miller, at her Alameda-street resi-
dence, they must acquit. The jury re-
tired and returned with verdict of ac-
quittal in five minutes.
sTUDEBAKER VS.. BoYCE.
The case of J. M. Studebaker VS.. FL. H
Boyce ct al. was concluded before Judge
Shaw in department six, yesterday, and
continued for argument, !, to be finally sub
mitted on briefs A Across complaint
has been filed by the defendant in the
above-named action and both cases were
heard together. Studebaker sues to
foreclose on certain lands in Monroe's
addition to Monrovia, which were sold
under a contract to Boyce for 500 900.
Boyce has paid only $4,000 of the pur-
chase price, but claims that Studebaker
cannot give him clear title to the
land, and he is therefore entitled to the
return of the $4,000 already paid and
$3625, expended in Improvements.
Studebaker purchased of Mueller, the
original homsteader, but the homestead
is now being contested by one Drumbell,
in the district court. Judge John
Haynes appeared for Boyce and Brun-
son, Wilson & Lamme for Studebaker.
COURT NOTES.
The case of Albert Pico, which came
on for trial in department one of the
superior court, yesterday. was, on mo-
tion of the counsel for defendant, con-
tinued till June 8th, on account of two
important witnesses. Pico is charged
with grand larceny.
In the case of Jerry Renault, charged
with assault with attempt to rape, j udge
Smith, in department one, yesterday,
continued the time for hearing till June
LIST. Hugh J. Crawford. counsel for the
defendant, was permitted to withdraw,
and W. w. Holcomb was substituted.
In department three, the case of
Wooley VS.. Field ct al, suit to quiet
title, was tried and decree granted as
prayed for.
The combined cases of G. J. Lockhart
vs.. j. Hyans, E. Lassor vs.. 7. Kelley ct
al, Fl. Susskind vs. 7. Kelley and Phil
lips VS.. King, all of which were brought
TO fix the title to certain lands in Reser-
yoir site No. A, were tried in department
i've. Yesterday, and submitted on briefs.