Los Angeles herald., 1891-03-26


Until the Los Angeles method was in
vented it used to be supposed that the
preliminary examination of persons
charged with crime was somewhat in
formal and altogether matter of fact
procedure, which should not be greatly
complicated. interminably stretched out
or made to cost the people bag full OF
money. But the Los Angeles method
has been discovered, and is in full force
80 far as this city goes. BY this method
preliminary examinations, where the
case is at all above the scope of petit
larceny, have been made most compli-
Gated affair, an almost interminable af-
fair, and an altogether costly affair.
Old fashioned methods used to get
through with an ordinary case in part
of day, or at most of two days,
and the person charged was held
to answer or acquitted. But by
the Los Angeles method such case
is now stretched out to month, or
more. The whole range of the testimony
is gone over. An army of witnesses is
collected. They are piled with questions,
relevant and irrelevant, competent and
incompetent, material and immaterial.
The attorneys for the prisoner, ably
seconded by those who represent the
state, demur, object, argue andplead,
as only the legal lights of the Los An
geles bar who engage in these cases can
do. They discuss law, fact, precedent
and rules of evidence to an extent that
would puzzle supreme court judge, and
all before justice of the peace whose
knowledge of the law is limited abso-
lutely by the covers of the penal code.
and whose knowledge of what is there is
both partial and cloudy.
Here is the Taylor case, wherein a girl
sues rich old man for seduction. That
case was on before committing magis-
trate for five or six weeks. 1t went over
from day to day, through week after
week; and the written evidence in the
case is as voluminous as Chinese drama.
Out of that case has grown another
wherein one of the witnesses is now un-
der examination on charge of perjury.
1t is altogether probable that we shall
have second edition of the Taylor case
in this sequel to it. With all the facts
attainable in the six weeks investiga-
tion of the Taylor case it ought to be
pretty simple to determine whether or
not O'Brien ought to be tried for per-
jury. But the same mastery method
of delay seems to be determined on in
the sequel, as distinguished the first
part of the story. Probably long list
of witnesses will be called with the
same useless and tiresome splitting
of legal hairs, until second
huge pile of testimony is taken down
and written out, like piling Relion on
Ossa.
Now what is the meaning of all this
That might not seem to be an easy ques-
tion to answer. But here is an easy one:
What is the effect of all this? The effect
is very huge bill which the county has
to pay the shorthand reporter who takes
all this rubbish down, and then trans
cribes it. It does seem passing strange
that justice of the peace should sit for
thirty, forty, fifty days hearing un-
necessary testimony and more unneces-
sary legal quibbling over case in which
his interest is only three dollars day.
To be sure, the shorthand reporter may
be getting $40 or $40 day out of the
case, and the complacent justice
may be a philanthropst who
cares little for his own inter-
ests and much for that of his reporter.
The exasperating thing about this is
that these people who are thus plunder-
ing the county, are in a position to turn
around with impudence and ask, in the
words of the immortal Bill Tweed,
"What are you going to do about it p"
Absolutely there is no remedy in the
premises. The justice merely certi6es
to the number of folios transcribed by
his friend, the clerk, the order is pre-
sented to the auditor of the county, who,
without further authorization or
scrutiny, draws warrant on the county
treasurer for the amount, and it is forth
with paid. Did any one ever see a
nicer game of the sure shot kind than
this? All justice of the peace has to
do is form little pool with his
short hand reporter, fix up the
percentages of the dividend and proceed
to fleece the county without let or him
drance. Yes, there is one way to stop
it. The district attorney, if he is pos
sessed of average intelligence and half
average honesty, can.stop it. 1t is in
his power, and it is his duty to put a
summary stop to this work. He ought
to know just what is necessary and right
to do in these preliminary examinations,
and he ought to see that what is
proper be done. He can stop this end
less wrangle about law in these prelim-
mary examinations, and he can cut
short all testimony that does not go di-
rectly to the main question of putting
the accused on trial, or dismissing the
case. He has political ambitions. He
has many friends among the better
class of citizens, who speak well of
him. Will be justify their good opinions