Los Angeles herald., 1891-06-18
THE COURTS.
The Wong Ark Jury Fail
to Agree.
Justice Kings Error in the
Case of Carretas.
Attorney Biscailuz After Big Fee
From LeOnis.
Wong Ark Not Admitted to Baii-Carre-
tas Not Guilty of Attempt to Rape.
Court Notes.

over eighteen hours. On the first bal
lot the vote stood five for acquittal and
seven for conviction. On the second
ballot the tables were turned and the
result was FIVE for conviction and seve n
for acquittal. Shortly afterward one OF
the Jurors who voted for acquittal
changed his opinion and stood out for
conviction OF manslaughter, and no fur
ther changes were made until the jury
was finally called into court yesterday
morning.
When Judge Shaw assumed the bench
shortly after 10 O'Clock yesterday the
twelve good men were brought before
him and the foreman was interrogated
as to whether they had agreed upon a
verdict The reply was that they had
not and there was possibility of their
doing 30. Upon this showing the jury
was discharged from further considera-
ton of the case and an exception to
this action OF the court was entered for
the defense.
Wong Arks attorneys then made a
motion that the defendant be admitted
to bail in the interim prior to the next
trial of the case, but Judge Shaw denied
the motion, and remanded the prisoner
to the custody OF the sheriff. The jury
which tried Wong Ark was an excep-
tionally good one, and the crank who
usually shows up in such bodies was not
present. The six men who voted for
acQuittal did SO upon conscientious prin-
oir<lo M hi lop ,aJ Co. hn..
action in the face of the testimony and
instructions. The prosecution hopes to
bring the defendant to his Just deserts
on the next trial, however, by means of
the new evidence they have obtained,
and with their knowledge of tine theory
of the defense.
JUSTICE KINGS ERROR.
Attorney A. A. Montana had Fran
cisco Carretas, the Mexican who was
charged by his wife with having made
an attempt to rape their daughter Bea-
trice in Verdugo caflon some time ago,
brough before Judge Smith yesterday
on writ of habeas corpus. At the ex-
animation of Carretas ON the charge of
assault with intent to commit rape,
Deputy District Attorney Diehl asked
for the dismissal of the case, and
had Carretas rearrested for battery, the
evidence not upholding the former
charge. Carretas pleaded guilty to bat
terry, and was fined $50 by Justice P. f.
King of Burbank on Tuesday, with the
alternative of imprisonment in the
county iail sin the proportion OF two
days for every dollar of the fine"
Justice King undoubtedly meant to
write zone day for every 50 of the fine,"
in accordance with the amendment to
the law passed by the last legislature,
but bis clerical error in making out the
commitment sent Carretas to Jail for
sixty instead of fifteen days. The APP
pication for writ was based on this
error and was argued in behalf of the
prisoner by A. A. Montana and by
Deputy District Attorney Diehl for the
state. Judge Smith denied the petition
on the ground that the judgment, that
is the fine of $50, was regular, and that
the error occurred merely in prescribing
how the fine should be satisfied. Car
retas was remanded.
This is liable to prove test case. The
legislature at it's last session amended
the law, or attempted to do so, so that
a prisoner committed by Justice of
the peace might only be con-
fined one day for every 50 of his
fine, instead of one day for every dollar
as heretofore. The amendment, how
ever, applies only to one section OF the
code, and it is question if section
1446, which likewise provides for inn
prisonment at the rate of dollar a day,
is affected. This point has never yet
been passed upon by the courts, but it
the expiration of fifteen days will apply
e., l. rola ho ho hn
has fully satisfied his fine of $780,
when a ruling on the question will be-
come necessary.
AN ATTORNEYS FAT FEE.
The trial of the case of Jean Leonis vs.
M. v. Biscailuz, an action to annul the
transfer of half the plaintiffs interest in
the estate of his brother, Miguel Leonis,
to the defendant, which, it is alleged,
was obtained by fraud and misrepresen-
tation, occupied the attention of Judge
Wade in department three of the supe-
rior court all day yesterday, and is not
yet completed. Jean Leoniss complaint
sets forth that he arrived III this coun-
try from France little over year ago,
for the purpose of looking after his in
terest in the estate of his brother, of
which he was entitled to one-fifth. Be-
ing ignorant of the language and Gus
toms of the country, he employed M. v.
Biscailuz, who is also Frenchman, to
defend his rights, and agreed to pay
hint as compensation for his services
whatever sum might be fixed by court.
BiscailuE then drew up a contract in
English, which he pretended to trans
late to Leonis, and which the latter
signed and acknowledged before a no.
tary public. This contract reads as fol-
lows:
sI, Jean Leonis, of the county of Los
Angeles and state OF California, do
hereby grant to M. " Biscailuz, of the
same place, an undivided one-half in
terest in and to all of the property of
Miguel Leonis, deceased, left in the
county OF Los Angeles and died pos
sessed of elsewhere of which | am en-
titled, or may come to me from the
estate of said Miguel Leonis, deceased
Witness my hand this 18th day Of
June, 1890:
"(Signed) JEAN LEoNIs."
Leonis contends that he was misled
by Biscailuz as to the purport of the
document he was signing, and was in
formed that it was merely an agreement
to pay the defendant whatever sum the
court might fix for his services.
Biscailuz will endeavor to prove that
Leonis made the grant with a full