Los Angeles herald., 1891-04-17
THE COURTS.
THE KAwEAH COLONISTS FOUND
GUILTY AS CHARGED.
The Trial of the Colonists in the United
States District Court-Matters Which
Were Acted Upon in Other Tribunals.

Despite H. G. Dillon's presentation of
his view of the law, despite his marshall
ing of the facts, and in the face of Mr..
Haskell's appeal to the jury, in the
United States district court, that body
found for the government at A p. m. yes
terday afternoon, deciding that the trus-
tees of Kaweah colony had unlawfully
cut timber on John Zobrist's homestead
claim.
Mr.. Dillon argued at length the law
points of the case, maintaining that the
commissioner at the land office had no
power to suspend the entries of the col
onists, that they were entitled to their
homes and had right to ask the courts
to interfere in their protection; that
they were entitled to take the lumber
taken to support their improvements,
and asked Judge Ross to 80 instruct the
jury.
This the court refused to do, holding
that the commissioner had the right ex-
ercised, and that Zobrist's claim was no
defense.
Mr.. Dillon in the afternoon addressed
the jury in an eloquent and forcible
way, appealing to them to sustain these
settlers, and not deprive them of their
homes.
The court called attention to the fact
that verdict OF guilty in this case
would not actually settle the question of
alleged title; that must come up after
wards in civil case for determination.
Mr.. Haskell asked permission to ad-
dress the Jury on his own behalf, and
this request was granted.
First, asking the court to instruct the
jury that they could find any or all of
defendants either guilty or innocent,
he urged the jury to acquit his four con-
freres and convict him alone who h ad
been their unfortunate legal adviser, and
upon whose advice they innocently had
relied.
The court commented upon his gener-
GUS plea and gave the instructions asked
and the jury retired; nevertheless after
half an hour they returned with ver-
di' Of ''guilty as charged" against all.
Mr.. Dillon gave notice Of motion for
new trial, which will shortly be heard.
The second case against the colonists
will begin today, at IL a. m.
WANTS TO REST AT NAPA.
N. B. Bowman has been acting as
stamp clerk at the postoffice for some
time past. Lately Mr.. Bowman has
been laboring under the delusion that
some sparties are conspiring to rob
the office. This idea has been thor
oughly impressed upon his mind and he
declines to be disabused of it. The re-
suit is that he has become insane. Yes
terday he was examined in department
six of the superior court and was so de-
c]ared. 1t was shown that thirteen
years ago he was an inmate of the Napa
asylum, and he is now to be returned
there. Bowman is perfectfully willing,
in fact glad to 60. He thinks he will
take much need rest.
IRRIGATION DISTRICTS.
Among the important cases submitted
for decision in the supreme court yester-
day, was that of the MADEIRA irrigation
district. This suit involves the organi-
zation OF large irrigation district in
Fresno county and the legality of the
bonds issued.
The court has heretofore passed upon
many of the points at issue, and the
present proceeding is in the nature OF
rehearing. There are also a number of
points involved in the case that arise in
that OF the Palmdale irrigation district,
which is now before Judge Mckinley for
decision.
The formation of the MADEIRA district
is opposed by the heavy land owners on
account OF resultant burdens in the way
of taxation. The array of the counsel
that participated in the argument was
brilliant, including some OF the first
lawyers in the state.
THE FEDERAL COURTS.
Owing to the fact that the case against
the Kaweah colonists was on in the
United States district court, it became
necessary to continue a number of cases
that had been set for trial before Judge
Ross for yesterday. Among the cases
that went over were two against Max
Harris on the charge of sending lottery
literature through the mails, a similar
case against Max Roth, one against Juan
Vigel, and a case against B. G. Haskell
for cutting timber on government land.
WAS MONEY MsAPPRoPRIATED?
The trial OF an important case COM
menced yesterday in department two,
before Judge Clark. 1t was the suit of