The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1891-02-08
JUSTICE LOVEJOY.
I" His Honor" is Held to Answer for
the Crime of Grand Larceny.
He Confesses That He is an Exon
vict-A Strong Case Made
Out Against Him.

'This man is an ex-convict, and he de-
liberately robbed me of Ss0!'
This was the opening of John Kelly's
testimony in the examination of Thomas
Lovejoy, alias JOY, the Justice of the
Peace of Mississippi Township, on a
charge of grand larceny yesterday full
account of whose arrest at Folsom re-
Gently appeared in the RECORD UNION.
Continuing, Kelly said he had known
the Judge long time-knew him
when he was prisoner at the Folsom
penitentiary. On the oath of last month,
he said, Lovejoy called upon him, at his
room, and wanted to borrow four bits.
Witness was lying on the bed at the time,
and handing Lovejoy his purse told
him to take the half-dollar from it.
Shortly after Lovejoy had gone Kelly
said he examined the purse and found
that $50 had been taken from 1t instead of
the half-dollar. He Immediately set out
after the Judge and overhauled him
in a saloon while he was in the act of Civ
ing man named Donley some of the
money. When accused Of the robbery
money was all right-but later on he de-
MED positively that he had been inside of
the witness room.
''BIG-NECK'' SMITH.
Kelly denied that he had told George
better known as Big-neck"-Smith at
the Bank Exchange Saloon. in this city,
on the day that he kelly swore to the
complaint against Lovejoy that he was
not sure that Lovejoy had robbed him.
He declared that he had not seen Smith
on that day.
J. Hawk and several other witnesses
gave testimony corroborative of that
given by Kelly, after which the defense
opened its side Of the case.
Charles Il. Jones, the Judges attor-
ney, called George Smith to the stand,
and that individual testified that he met
Kelly in the Bank Exchange on the 26th
of January, and Kelly told him that he
was drunk at the time of the robbery and
didn't know whether Lovejoy did it or
not.
THE "JUDGE's' STORY.
Lovejoy then took the stand and denied
everything testified to by Kelly, except
day OF the robbery. He explained that
he went there upon Kelly's invitation.
Kelly was getting over a drunk" and
needed something to settle his stomach.
so he uovejoy) gave him some baking
soda in water. Kelly wanted to give him
My CSllS Will WHICH 10 purchase some
medicine, but he refused to take it.
The witness got along swimmingly
with his testimony until he was taken
hold of by Deputy District Attorney
Buckley for cross-examination. Then
he got into Il peck % trouble. He was
forced to admit that he was an eX-convict,
having served a term in the Folsom
Prison for assault to murder. He was
considerably tangled up over the de-
tails of where he got the soda he
gave Kelly and as TO how he
became possessed of the gold coins he
exhibited shortly after the robbery was
committed. He declared that this money
was his own, and had been given to him
that morning by Lou Shimp, fallen
woman OF Folsom.
When this fellow came into the saloon
and accused me OF robbing him 1
laughed at him. said Loveioy. 81
laughed at him because he has always
been accusing me Of robbing him.
The shrimp woman was called to the
witness stand after Mr.. Buckley had
finished with Lovejoy. She did not care
to tell much about her occupation, but
stated that she lived with Lovejoy, and
had on the morning of the robbery given
him 500. She, too, was considerably
ratified by Deputy District Attorney
Buckley.
DID NOT SEE "BIG NECK"
Mr.. Buckley turned his attention to
big Neck" Smith, when the defense
announced that they had finished. Kelly
was placed on the stand again, and again
he testified that he did not even see
smith on the day the latter said he did.
tie did not know Smith, at all
}. Hawk Swore that he was with Kelly
all of that day, and he was equally positive
that Kelly had not seen or talked with
Smith.
Deputy Constable Alter testified that he
was certain that Kelly and Hawk were
together all day and did not leave the
Court block, as they were waiting
to see Judge Devine.
Some testimony was also taken to dis
prove Lovejoy's statement that he gave
Kelly dose of baking powder which he
found in keliy's room, after which the
case was submitted.
Justice Starr promptly decided that 1t
wasia proper case for a jury to pass upon,
and he held Lovejoy to answer before the
Superior Court. Bail was fixed at 81 800