Los Angeles herald., 1891-04-12
ANOTHER BOTCH.
THE CASES AGAINST Ex-JUSTICE
LOCKWOOD DISMISSED.
District Attorney McLachlan Not Emin-
emily Successful as Prosecutor
Lockwood Introduces the Morton Dep
osition.

jurors III uepartmenJ one OF the SuperlO
court, and two of this number havin,
been excused by Judge Smith for cause
the following eight were duly empan
elled: w. w. Orr, w. G. Hooker, ]
Entuistle, J. Meade, R. B. Lowell, J
Hawley, H. d. Barrows, and ]. L. Mans
field. II. L. Bissell, who had failed h
respond to his name when the list O
those on the regular venire was called
was also empanelled. This completing
the panel, the court called the Lock
wood case, when to the astonish
ment OF the spectators, District At
torney McLachlan moved the court for 6
continuance of the case until the after
noon session, in order to allow him time
in which to prepare an affidavit in sup
port OF motion for continuance, the
prosecution not being ready to proceed
at the present time. 1t was so ordered
and the crowd which thronged the
court room dispersed, to gather in little
knots on the street below for a discus
sion OF the unexpected turn events had
taken.
Punctually at the appointed hour
lfOCk WOOQ dlu LIS dbLOTL6y, w. Il.
Shinn, Esq, were on hand, and District
Attorney McLachlan presented his type
written affidavit to them for perusal,
while waiting for the arrival of @. G.
Stephens, Esq, who also represented
the defendant. After delay of fifteen
minutes the court ordered the district
attorney to proceed with the reading of
his affidavit. This document set forth
that the presence of one w. HI. Russell,
who was most material witness for the
prosecution, was absolutely indispensa-
ble,as he was the only witness by whom
the state could prove the main facts set
forth in the information. That it also
expected to prove by him that a certain
deposition, which arrived in this city
yesterday morning, purrorting to be
that of one Ada Morton, taken at mid
night of April 4th by H. p. Denny, a
notary public appointed by the court to
take snch deposition, at st. Louis,
was false and fraudulent. That said
Russell had been sent by the district
attorney to see that the notary was not
imposed upon, and could not possibly
get here until Wednesday next.
G. G. Stephens, ESQ.,, who arrived
before the close of the reading of the
affidavit, at once objected to it on the
ground that it was insufficient, and he
proceeded to pick it to pieces, clause by
clause, in the most approved legal fash
ion. In response to question put by
Mr.. Shinn, the district attorney admit
ted that Russell had not yet been sub
ppnaed as a witness for the people, and
Mr.. Stephens argued that even if he were
here then, all he could do would be to
testify to something from hearsay,
which the court could not permit.
Mr.. McComas suggested to the court
that the People only wished the case
continued until Wednesday, at which
time Russell would be in the city.
After some further argument pro and
con, the court said: I'm applications
for continuances, as in all other matters,
/ apprehend that am here to enforce
the law. In my judgment the affidavit
of the district attorney is wholly insult
ficlent, as it does not show that the man
Russell is expected to be here, nor does
it account for his absence, except in the
bald statement that he was sent to see
that the depositions were taken at St.
Louis. The man we'll knew that the
case was set for trial yesterday, and he
should have been here"
District Attorney McLachlan rose ex-
citedly, and said that if he was forced to
90 to trial at that time he would have to
dismiss the case. The court knew the
case, and as it was absolutely impossi-
BILE for him to proceed without Russell,
q public calamity would ensue should
the court refuse his request.
Mr.. Stephens objected to such Ian
guage in the presence of the jury, and
Judge Smith overruled the motion, but
finally acceded to the request of Mr..
McComas and declared a recess of thirty
minutes to allow the affidavit to be
amended.
On reconvening, Messrs. McComas
andStephens became engaged in heated
debate on the question of the amend
ment, which was cut short by the court,
who suggested that it would facilitate
matters if they would allow him to de-
eide the question. District Attorney
McLachlan then asked the court to al
low F. HI. McAllister, the official stem
ographer, to read the shorthand notes
he had taken at his dictation and he
would then swear to them. To this,
however, the defense objected, and
Judge Smith sustained the objection
on the ground that this would not be
an affidavit within the full meaning of
the law. In response to question by
the court, Mr.. McAllister said that he
could write out the affidavit in. ten
minutes, whereupon he was instructed
to do go. In the interim Judge Smith
remarked that counsel had better pro-
ceed with the impanneling of the jury,
and if it would help the district attorney
out of his dilemma he would allow
Russell's testimony to be introduced if
he arrived here before the case closed,
to which Mr.. McComas replied that
there were few matters upon which
the district attorney would like to con-
suit Russell before the case went to
trial.
The amended affidavit was finally pre-
sented and read, and new one to the
effect that the district attorney had had
no opportunity of investigating the
deposition received from St. Louis, and
asking for continuance to allow him
to prepare motion to set it aside as
fraudulent and void, was also read.
Mr.. Stephens objected to the affidavits
as incompetent and completely INSULT
cient, arguing that the district attorney
could no more impeach the seal OF the
notary public, who was an officer of the