Los Angeles herald., 1891-09-19
DALTON'S SCRAPE.
HE DOES NOT SEEM TO BE IN
DANGER.
Proceedings in the Examination Yester-
day-Testimony Tending to Show an
Intention of Running the Defendant.

The preliminary hearing of NJ. M.
Dalton, charged with rape, was con-
tinued yesterday before Justice Austin.
The defendant adheared closely to his
counsel, and manifested a strong inter
est in the testimony produced. He fire.
quently suggests questions to Mr..
Stephens, which usually have material
significance, and withal maintains an
air OF innocence.
The first witness called yesterday
morning was Mrs. Clara Sullivan, the
only direct witness of the prosecution.
She was requested to define the meaning
of her statement the day before, when
she declared that she had only supposed
that Dalton had been playing" with
the child, Bertha Hagerman The witness
was perfectly self-possessed, as usual,
and was difficult to deal with, so that,
in the end, her evidence must be con-
sidered absolutely non n-committal.
The next three hours of the examina.
tion were occupied by the testimony of
Mrs. Susan Hagerman, the foster-moth-
er of the child who is supposed to have
been assaulted. The only important
part of this testimony was statement
regarding the underclothing of the
child, which the witness declared had
been found in sadly dilapidated con-
dition. Counsel for the defense, Mr..
Stephens, suggested that the article Of
wear itself would be best evidence in
the case, and was supported by the
| bench. But when the garment was de-
manded, 1t was shown to have been
washed and repaired, so that it was no
longer presentable as evidence.
The little girl Bertha, Who is known
as the victim of the alleged assault, was
recalled shortly before noon, and in gem
eral repeated the testimony she had
given before. When the afternoon ses-
sion was opened, Mr.. Stephens called
witnesses to show that Mr.. Hagerman,
who had been present in court during the
examination of Bertha Hagerman, had
winked and motioned to the little
witness, apparently with an intention of
influencing her statements. Among
these witnesses, who were mostly spec
tators in court, were a man named
Crumb, G. w. Miller, George Dalton,
brother of defendant, and Harry John
son.
The defense now opened their case,
and brought as witnesses. testifying to
the good character of Dalton, Police Of
ficers Baker, M. L. Bowler and Messrs.
Frank Sabichi, G.. Compere and L. M.
Grider.
Jose Chavez, neighbor of the Hager-
mans and Daltons, was next called, and
testified that he had repeatedly heard
antagonistic expressions Of Mrs. Dalton
aimed at her husband. Among other
things he declared that Mrs. Dalton had
stated on several occasions that she
would not rest until she had landed Dal-
ton IN the penitentiary. Besides. he
claimed, under oath, that Mrs. Dalton
had offered him reward of 500 if he
would find Dalton after the alleged
crime. These conversations, he said,
were held at his own house.
| To further evidence of the same
nature, Deputy District Attorney Diehl
objected, when Mr.. Stephens arose and
said:
81 have now foundation upon which
to build house, and propose to con-
tinue my work. l want to show that
the witnesses of complainant have long
ago declared an intention of running my
client, and this is the first step in my
plan"
To further this intention Mr.. Steph-
ems called T. H. Thompson, Bert Lewis
and John Riddle, all of whom, however,
were not in court. He then brought
John f. Humphreys to the stand. A
wrangle between counsel interfered,
however, and the case eventually was
continued until 8 80 this morning.
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