Los Angeles herald., 1891-03-31
AMONG THE COURTS.
THE TRIAL OF vARCILLIo SOTO
ENDS IN ACQUITrAL.
A Tale of the Halfway House-News
Notes Regarding Legal Matters Which
Were Acted on Yesterday.


The trial Of the case against Varcillio
Soto, charged with grand larceny, was re-
sumed at 10 o'clock yesterday morning
before Judge Smith and a jury in
department one of the superior court.
At the close OF the case for the prosecu-
tion, the defense moved the court to in
struct the jury to acquit the defendant
on the techinal ground that the evidence
showed that the amount lost by the
complainant was $81 instead Of $75, as
alleged, but this motion was denied.
The case was finally submitted to the
jury at l 40 o'clock, and twenty min
utes later verdict of acquittal was re-
turned, whereupon the defendant was
discharged.
The evidence for the prosecution,
which was purely circumstantial, was
to the effect that on the night of Janu-
ary 9th last, the complainant, Caytafio
Buelna, and friend named Richard
Gum, while en- route to the formers
home at Santa Monica, stopped at the
Hallway house at La Ballona, and finally
took room there. After imbibing con-
siderable quantity of Indifferent liquor,
they retired together to their apartment
and locked the door, leaving their APP
parel on chairs. The room adjoining
was occupied by Varcillio Soto, the
two friends had done so. When Buelna
and Gum awoke at daybreak next
morning, they were somewhat surprised
to find the door of their room open and
their clothing scattered all over the
floor, and on examining their pockets,
they found that they had been robbed.
On the table in their room was found a
lamp which had been placed in the
apartment occupied by Soto by the land
lord on the previous evening; and their
suspicious falling upon their neighbor
they made inquiries concerning him,
and learned that he had arisen before
Daylight and left the house. As Buelna
had about $75 in his pockets before re-
tiring, he at once drove to Santa Monica
and placed the matter in the hands of
the local authorities, who promptly
arrested Soto, but failed to find the
money.
COURT NOTES.
James A. Gibson, Esq, formerly a
commissioner of the supreme court, was
yesterday admitted by Judge Ross to
practice in the United States circuit
court, upon motion of f. p. Deering,
Esq.
At 10 O'Clock yesterday morning, the
hour set by Judge Clark for the hearing
of the exparte motion OF Irene Clarke,
for writ of prohibition directed to Po-
lice Judge M. t. Owens, to restrain him
from trying the misdemeanor case pend
ing against her in his court, Deputy
City Attorney Dunn appeared in depart
ment two of the superior court, and an
nounced that it. had been stipulated by
the respective counsel that the answer
already on file in the Bell case, should
stand as the answer in this case, where
upon Judge Clark ordered continuance
pending the decision of the Bell case.
Judge Erskine M. Ross, in the United
States circuit court, altered his opinion
recently handed down in the case of the
Farmers, Loan and Trust company VS..
striking out that portion thereof which
ordered the bill dismissed upon the
filing and delivery of the receivers re-
port, and the case was set for final set
Element on the first Monday in May
next.
Judge Smith being occupied in the
trial OF another case, that against Ralph
Murphy and James Wilson, charged
with having burglarized freight car Of
the Southern Pacific company at Tropi-
CO, who appeared for arraignment in
department one yesterday morning, was
continued until 10 O'Clock this morning.
Yesterday being claw and motion"
day in the civil courts, very little busi-
ness of interest to the general public
was transacted in departments two,.
three, four and five of the superior
court.
Judge Wade in department three of
the superior court yesterday morning
sustained the demurrer entered by j. T.
Brown to a complaint brought against
him as one OF the sureties on an under
taking in criminal action, which had
been declared forfeited sixteen months
ago by Judge Mckinley, on the ground
that the claim was barred by the statute
of Limitations. The court remarked to the
district attorney that it would advise
an appeal to the supreme court, as the
question of liability on bonds was one
of vital Importance to the people at
large.
Judge Mckinley was occupied yester-
day afternoon in hearing the argument
in the matter of the application OF the
Palmdale irrigation district for a judic-
ial examination, approval and confrma-
tion of it's proceedings for the issuance
and sale of SIS, 900 worth of its bonds
and upon the case being submitted to
him, took it under advisement.
The trial of the case against X. G..
Newton, of Santa Monica, charged with
having destroyed Fifteenth street, a
public highway, at that place in JAN
uary last, by ploughing it up, was con-
tinued yesterday by Judge Shaw, in
department six Of the superior court,
until October 1st4ext. This was done
in order that civil suit now pending,
in which the question as to whether or
not the road mentioned is a public
highway is involved, might be deter
mined, before the defendant is put upon
his trial for destroying it.
The case OF Mrs. s. r. Burbridge VS..
P. III. Lemmert, was taken up from de-
partment four, tor hearing by fudge
Shaw, in department six, yesterday
morning; but after all the testimony
for the plaintiff had been put in, con-
tinuance was ordered until April 7th
next. This is an action to foreclose a
$4,000 mortgage on the Figueroa hotel
property.
THE ALLEGED HIGHWAYMAN.
Several People Who Think They Know
Something About Him.
TTcsto1 C+o%aa Mc~r1c1 n,.l ..ooo:-xo !