Los Angeles herald., 1891-04-25
THE COURTS.
jim DAMRoN ANSWERS ANOTHER
CHARGE OF FORGERY.
Some Incidents of the Trial Yesterday-A
Damage Suit Against the Government.
News Notes.

The trial of James M. Damron on q
charge of forgery commenced yesterday
in department one of the superior court.
This is the fourth time that Damron has
appeared as defendant in trial for
forgery. On two prior occasions the
jury has been unable to agree, and in
one instance he was acquitted.
In this particular instance j. s. Chad
wick, his former associate and boon
companion, appears as the complaining
witness against him.
Chadwick alleges that just one year
ago yesterday, on April "a, 1890, Damron
forged the names of A. H. Dunlap and
Walter Lindley to a note for $3.50. The
instrument was drawn in favor OF Mrs.
Emma Hunter.
When the case was called yesterday
morning, Messrs. Cheney & Cronin were
associated with Stephen M. White in
the defence. The action of ex-Superior
Judge Cheney, under the circumstances,
is remarkable. He presided in depart
ment one at the time that Damron was
first tried for forgery. He took occasion
during the trial to 60 out of his way to
score the newspapers for what he claimed
was persecution of Damron, and to the
remarks which he at that time made
from the bench was due the verdict of
the jury. Ex-Judge Cheney now ap-
pears as counsel for this same man
Damron, in whose interest he from the
bench attacked the press of Los Angeles.
District Attorney McLachlan and AS
sistant District Attorney McComas will
represent the people.
Yesterday an endeavor was made to
secure a jury. At the morning session
seven jurors were secured and duly
sworn, as follows: j. L. Mansfield, f.
G. Cranston, L. G. Butler, w. w. Orr,
H. G. Bailey, j. X. Brenijer, j. w.
Tubbs.
At the afternoon session J. w. Emert
was sworn. S. Morton declined to take
the oath from conscientious scruples and
was affirmed as juror.
There were then two names left in
the box-Harry Richmond and +. L.
Forester.
The court took judicial notice of the
fact that it would be impossible to Sc
cure a jury, and took recess until 10 a.
m. today.
the sheriff to- secure twelve jurymen
from the body of the county, the same
being made returnable today.
A HEAVY DAMAGE SUIT.
In the United States circuit court yes
terday, the civil suit of the United
States government against the Flume
and Trading company, was on. This
suit involved $4,000 damages, which
the government claimed from the de-
fendants for the alleged cutting of tim
Der on government land in Fresno
county.
The defendants virtually admitted
that they had been guilty of cutting
timber on government land, but they
asserted that they had done so uninten-
tionally, and owing to the fact that the
lines had not been properly defined.
The government on the other hand
claimed that the Flume and Trading
company had been Intentionally guilty
and that for this reason the government
was entitled to heavy damages.
The taking of testimony was concluded
at late hour yesterday afternoon. The
case was thereupon argued and sub
mitted to the jury. After being out
about an hour the jury returned with a
verdict awarding the government $1,000
damages.
ECKsTEIN's FAILURE.
n. M. Hamilton, garnishee in the
case of F. G. Calkins against w. d.
Eckstein, appeared before Judge Shaw
in department six yesterday upon the
affidavit OF the attaching creditor, to de-
termine the value of the property in his
rocooccinn do1suorod hu EoLcta.u <o
Hamilton prior to his departure for
parts unknown as security for $500.
The examination was unsatisfactory to
the plaintiff and was continued until
Monday.
Hamilton claims that he is ready to
give up all OF the property he holds as
security if some one will make him good
to the extent of $500.
COURT NOTES.
In department five yesterday the con-
demnation suit of the Terminal railway
company, involving right of way through
the Meyers and the Clements tract, was
still on. The case was not concluded.
A motion for non suit was denied and
the defense commenced the introduc-
ton of testimony.
The celebrated case of Dimmick
against Dimmick, to determine heirship,
came up again in department four yes
terday. The case has been decided once.
Twenty days was allowed to prepare a
motion and affidavit for motion for a
new trial.
The case of Woodward against Herald
was still on in department. three yester-
day. This case involves the title to
$1,000 worth OF personal property. 1t
has occupied the attention of the court
for three days past.
Yesterday, in department six, Judge
Shaw gave decree in foreclosure to Ed
ward McLachlan against l.. w. Mitchell
and others. for $32, ,666.18, with interest
and attorneys fees at $1,000. The prop
,erty foreclosed is all Mitchell & EN-
body's subdivision of the Bennington
tract in East Los Angeles.
Upon motion of T. J. Carran, w. HI.
Wilde, of Ventura, was yesterday ad-
mitted to practice in the United States
district court.