Los Angeles herald., 1891-06-25
ORDINANCE NO. S61.
Judge Clark Will Not Pass
On Its Constitutionality.
Robert Bell Refused a Writ of
Prohibition by the Court.
He Must Stand Trial for Violation
of the Sunday Law.
Yesterdays Proceedings In the Superior
Courts-Jean Renaults Trial for
Assault-M. Morris Fined
for Contempt.

Judge Clark yesterday handed down
decision in the case of Robert Bell We.
M. T. Owens, refusing to grant the petit
tion OF Bell on writ OF prohibition to
restrain Justice Owens from trying him
for violation OF the Sunday closing or
dinance. Bell was arrested on Decem-
Der s, 1890, by Officer Orlando Rohn for
selling liquor on Sunday. He was ar
raigned before Justice Owens and refused
jury trial. The case was set for hear
ing, and Bells attorneys, G. G. Stephens
and j. A. Donnell, on Jan. s, 1891, ap-
piled for the writ. The application sets
forth as reasons for the issuance OF a
prohibition that there is no police court
in Los Angeles, because the Whitney
act is not operative in this municipality.
and further that ordinance No. 861, new
series, is void because the subject of the
ordinance is not expressed in the title,
and further that it is unreasonable,
unjust, partial and oppressive"
Judge Clark's opinion reads as fol-
lows:
"This is al action for a writ OF prohi-
bition praying that respondent be pro-
hibited from proceeding to try petitioner,
who is charged with having violated a
city ordinance commonly known as the
Sunday closing ordinance.
''The petition is based upon two points:
First-That the act approved March 18.
1885, and known as the Whitney act,
does not apply to the city of Los Ange-
les, and that the city has therefore no
police court. Second-That said city
ordinance is unconstitutional and void.
"The first point is disposed of by the
decision of the supreme court in re.
Halstead, filed June 10, 1891.
''The second point should, think, be
presented on appeal and not by writ OF
prohibition.
''It is therefore ordered that the
prayer of the petition be denied and the
alternative writ be dismissed with costs.
W. H. CLARK, Judge.
THE RENAULT ASSAULT CASE.
The trial of Jean Renault ior an as
sault with intent to rape upon Mrs.
Emma Eicholz in Boyle Heights ON
May l3 last, which was interrupted for
day by the insanity trial, was con-
tinued before Judge Smith and jury in
department one yesterday. The prose-
cution had rested before the Interrupt
ton of the trial, and when court con-
vened yesterday the defense went ON
with the case. The insanity theory is
the only defense offered and, although
Renault has been declared sane by one
jury, his counsel, ]. M. Damron, is at
tempting to prove him insane before
another. The witnesses examined yes
terday included the following: Horace
Bell, A. N. Teller, F. Endle, DIR. H.
Nadeau, Judge J. w. Brosseau, DR.. /
Reed, Jean Renault and DR.. Brainard.
Drs. Nadeau and Reed testified that they
considered Renault a monomaniac on
the subject of women, County Cut Ply
sician Brainard differed from his fellow
practitioners and pronounced the de-
fendant sane man.
The defense rested last evening and
after the introduction of small amount
of rebuttal testimony today the case
will go to the jury.
SUING TO RECOVER TAXES. N
The cases OF the county of Los Angeles
VS.. B. Ballerino and the people of the
state Of California VS.. B. Ballerino,
which were combined by stipulation,
were tried before Judge Van Dyke
YtSDcTudY, duQ cuUtAibtCQ Oli OllClcs
Deputies District Attorney York and
Marble appeared for the state and
county, and Attorney Horace Allen for
Ballerino. The suits are for the recov
cry of $496. 80 county and $686.07 state
taxes for the year 1888. The property
on which the taxes were levied consists
of 104 acres at the corner of Pico street
and Fremont avenue, and was not sold
or tho hnnor1oo nf tho
issuance of writ of prohibition OH the
tax collector. The defendant claims
that the property was fraudulently as
sessed.
In the United States district court
yesterday, the hearing of the exceptions
filed by the claimants in the matter of
the libel of the schooner Robert and
Minnie was continued till this forenoon.
Attorney j. Marion Brooks, counsel
for Sier Yuen, charged with the murder
of fellow countryman, moved to set
aside the information filed by the dis
trict attorney against the defendant be-
fore Judge Smith, yesterday. The mo-
tion was denied after argument and
demurrer to the information was over
ruled. Yuen then pleaded not guilty
and the case went on the trial calendar.
In department. two, yesterday, Judge
Clark made an order in the case OF Tan
ner vs.. Chaffee, setting aside the former
order submitting the cause for decision
and ordering it continued for further
argument.
The trial of the condemnation suit of
the Los Angeles Terminal railway com
pany VS.. Bonn, which has been on trial
for two days before Judge Mckinley in
department five, was concluded as to the
testimony yesterday and continued till
today for argument. M. Morris, one Of
the jury trying the case, was absent
when the case was called after the noon
recess and was fined his fees for two
days. service on the jury for contempt
of court.
The writ OF mandate petitioned for by
Burdick of Pomona, to compel the board
of trustees of that town to issue call
for special election to decide tie vote