Los Angeles herald., 1891-07-07
Getting Ready for the Sum.
mer Vacation.
The Term Trial Calendar Called
Yesterday.
Brooks Ordered New Trial by the
Supreme Court.
A Sweetwater Dam Case-NOtes AbOu
the Various Cases Acted
Upon Yesterday.

all the departments of the superior
court in the rooms of department one,
yesterday, and the operation required
the attendance OF the five judges now
sitting and almost all of the attorneys
practicing before the Los Angeles bar,
during the entire day. This is a pre-
liminary step to the vacation of the
courts, which begins on the 18th inst.
Judge Smith will sit for all of the de.
partments in his own court room till
the latter end of the month, when he
will be relieved by Judge Shaw, who is
now on his vacation. Judge Mckinley
will afterward sit in department one, re-
| lieving Judge Shaw, until Judge Smiths
return.
BROOKS GETS A NEW TRIAL.
In the case of the People, ap pellant,
VS.. Brooks. respondent, who is repre-
sented by Attorney G. G. Stephens, the
supreme court has handed down de-
cision affirming the order OF the supe-
rior court OF this county granting new
trial. Brooks, it will be remembered,
was charged with abducting a young
! girl from Santa Monica and was con-
victed of rape after being captur at
Santa Barbara, the girl claiming that he
went through mock marriage with her
in Washington gardens. The appeal
was taken by the people and the ruling
reads as follows:
ga motion for a new trial in a Grim
inal cause is very largely addressed to
the discretion of the court before which
| rIo VIC hoH uho of% ~ ho
grounds upon which it is asked is that
the verdict is contrary to the evidence
given in the cause, the action of that
court in granting the motion will not be
reversed by this court, unless the record
clearly shows that there was no evil
dence which conf1icted with that upon
which the verdict rested. In the pres
ent case the action of the court in grant
ing the motion is fully sustained by the
matters contained in the bill of excep-
tions, both upon the foregoing ground,
and also upon the ground of newly dis
covered evidence contained in the
affidavits offered upon the motion on
the part of the defendant.
The order is affirmed"
A swEETwATER DAM CASE.
Judge Ross yesterday, in lengthy
opinion handed down in the circuit
court, overruled the exceptions to the
answer in the suit of Doyle vs. San
Diego Land and Town company. The
suit is brought to enjoin the defendant
from the erection Of dam on the Sweet
= water river, in San Diego county, and
from thereby diveaing the waters OF
that river from their natural channel,
the complainant being, as alleged, a
lower riparian owner, having acquired
his tract of land, called the "Old Cope
land place." from one George d. Cope
land, and he having acquired it by pur-
p Kimball and Levi w. Kimbalf on April
l, 1878.
COURT NOTES.
In department three yesterday iudg-
ments and findings were ordered as
prayed for in the case OF List VS.. Miller.
The motion for an order to show cause
why an injunction should not issue in
the case of the Interstate Commerce
Commission VS.. the Atchison, Topeka
and Santa Fe railway company, was ar
gued yesterday before Judge Ross in the
circuit court. The railway is accused of
charging higher freight rates between
Missouri river points and San Bernar-
dino than between the same points and
Los Angeles, contrary to the long and
short haul clause.
Attorney George Denis yesterday filed
general denial in answer to the COM
plant accusing ex-Postmaster Preuss of
misappropriating government funds by
expending them in the interests of the
mail service without due authorization.
James A. Carpenter was tried for grand
larceny, committed at Pomona, before a
jury in department three yesterday, and
was convicted of petty larceny. He will
be sentenced Thursday. A curious cir
cumstance in connection with the trial
was that the old veteran attorney, Judge
J. A. Clark, defended Carpenter, assisted
by Len Claiborne, of Pomona, and Dep
uty District Attorney E. K. Blades.
Judge Clark's son-in-law, prosecuted.
NEW CASES.
w. H. Harralson sues A. w. Barrett,
J. E. Yoakum ct al. to foreclose a mort
gage given to secure a promissory note
for $4,000, made September 5, 1888.
The Security Savings Bank and Trust
company sues ]. w. Hinton, city asses
sor, to obtain an injunction restraining
him from selling the personal property
of the plaintiff to satisfy taxes OF $S05.12.
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