Los Angeles herald., 1891-05-23

business upon the supreme court OF the
United States, which is now some three
years behind with the cases before it,
will be opened in this circuit on the
third Tuesday in June, at San Francisco.
Judge Field, of the supreme bench,
Judge Sawyer OF the circuit court of the
ninth circuit, and one district judge to
be hereafter selected, will preside when
the court is organized. The court will
be permanently composed, according to
the act Of congress, OF the circuit Judge
of the ninth circuit, the associate JUS
itice OF the supreme court who travels
on the circuit (Judge Field) and one
Judge to be hereafter named, who may
or may not be chosen from among the
district judges.
All appeal cases from the district or
circuit courts, which heretofore have
been taken directly to the supreme
court, must now first be carried to the
circuit court of appeals, except cases in
volving the construction of the constitu-
tion or a statute of the United States.
The appellate court will be the couft OF
last resort for large number Of the
cases which come before it, the law pro-
viding for a further appeal to the su-
preme court in certain classes OF cases
only.
1t is understood that the one Judge
TO be selected IL th;s court will viii not Do.
named by the president until congress
again assemblies. AS Judge Ross, who is
Democrat, is about the only available
man now on the bench, the new Judge
will in all probability be chosen from
the bar.
THE CHILEAN nfBRoGLIo.
Judge Ross yesterday handed down an
order in response to Thursdays report
of the grand jury, which was to the ef-
feet that Frank Jaynes, superintendent
of the Western Union telegraph COM
pany, refused to produce certain tele-
grams in his possession. The order is as
follows:
''The grand jury having made its re-
port to the court of the refusal of Fran
els Jaynes, manager of the Western
Union telegraph company, a witness be-
fore the grand jury, to produce certain
dispatches claimed to have passed over
the wires OF said company between Ri
cardo Trumbull and George A. Burt,
and to be in the personal possession
and under the control of said Jaynes, at
dates between the 1st day of April,
1891, and the 18th day Of May, 1891,
relative to the steamship Itata and the
said Francis Jaynes having appeared
in person and by counsel before the
court on the 21st day of May, 1891, to
show cause why he should not be COM
PEELED to produce such dispatches; and
it appearing to the court, upon the
hearing of the report OF the grand jury
and from the admissions of the said
Jaynes that he has in his personal
possession and under his control dis
patches between said parties of the
aforesaid character, which had been re-
ceived at or sent from the offices of said
telegraph company between the dates
aforesaid, and that the production OF
said dispatches is material in an inves-
tigation now pending before said grand
jury, touching alleged violations of the
neutrality laws of the United States;
it is ordered that the said Francis
Jaynes produce before the said grand
jury all the kilograms in his possession
which passed between the said Trumbull
and said Burt, by whatever names, de-
vices or initials the same may Designed,
and which were received at or sent from
the office of said Western Union tele-
graph company, at any time between
the 1st day of April, 1891, and 10Th day
of May, 1S91,' touching or relating to
the steamship or vessel called the Itata,
or the schooner Robert and Minnie. or
the officers or the cargoes or business of
said vessels, or either of them; and the
connection of either said Burt or Trum-
bull with said vessels, or either of them.
(Signed) Ross,
District Judge"
The jury was in session all day yes
terday, but has not yet reached any con-
clusion in regard to the Chilean matter.
GONZALES NOT GUILTY.
p. Gonzales was tried before jury in
department one, yesterday, on charge
of forgery, alleged to have been commit
ted early in March, in this city. Con-
zales was employed by w. A. Doyle &
Co. the central interceptor sewer con-
tractors, and on the Sd of March was
paid off with a check for 81 and dis
charged. Several days later check fer
$40, drawn in favor of Gonzales, and
signed by G. d. Belts, one OF Doyle's as
sistants, was presented at the City bank
bv 6. Fuentes, with Gonzales's endorse
ment. The check, after an examina-
tion by the teller, was found to have
been raised. Gonzales was arrested, ex-
amined in the police court, and commit
ted for trial on charge of forgery.
G. d. Belts was put on the stand, yes
terday, for the prosecution, and testified
to drawing the check originally for 81.
G. Fuentes, who is barkeeper at
Bevione's saloon, testified that Coma
les presented the check to him to be
.cashed, and he handed over $40, which
was the amount the check called for
when he first saw it. He had accommo-
dated Gonzales in this way on several
previous occasions. Gouss Sanchez, who
was in the saloon at the time, corrobor
ated Fuente's testimony.
Gonzales for himself denied that he
had raised the check. Deputy County
Clerks d. s. Alexander and J.J. O'Neill,
as experts, testified that the check was
originally written in light gray ink, but
had been altered over in black ink and
one cipher and the letters ETY." added.
O'Neill was positive that the indorse-
ment "P. Gonzales" and the raising of
the check were not done by the same
hand. The jury was instructed at |
O'Clock, and remained out till nearly 5,
when verdict OF not guilty was rem
dered.
COURT NOTES.
The hearing of the motion for new