Los Angeles herald., 1891-10-03
An Election Case Settled by
the Supreme Court.
James Neil Finds Himself Set
at Liberty.
A Case Concerning a ShOal in San
Diego HarbOr.
Damages for BOOker-An Lnterestinl
POint-NOtes on Cases Which
Came UP Yesterday.
New Suits.

The supreme court has handed down
an opinion in the case of the People vs.
James Neil, reversing the judgment and
order of the lower court, and directing
the dismissal of the information filed
| therein.
The defendant was arrested, tried and
convicted of illegal voting. When the
case came to trial in the superior court,
q demurrer was filed to the information,
on the ground that the facts stated
| therein did not constitute a public
offense, and that the allegations Fere
not substantiated in conformity with
the requirements of section $50 OF the
penal code, in that it did not allege
what qualifications of a voter the de-
PENDANT did not possess. The demurrer
was overruled. After the verdict was
rendered, and before he was called for
| Judgment, the defendant moved an ar
rest of Judgment on the first ground OF
| the demurrer. The motion was denied,
and an appeal was taken. The supreme
court holds both objections we'll taken,
Q =
1.-THE information is fatally defective in
emitting to state the particular fact or
facts showing that the defendant was
not entitled to VOTE"
UNITED STATES DISTRICT COURTS.
United States District Attorney Cole
filed complaint in the United States
circuit court yesterday against the Coro-
nado Beach company for the condemna-
ton of Is IS acres of land on Coronado
North Island for government purposes.
The government proposes to build a
jetty on Zuringa shoal, near the en-
trance to San Diego hal Dor, and it is
rumored that considerable correepon-
dence has passed between Washington
| and the Coronado company, with view
to securing the land required, which
was refused by the Coronado people on
the ground that the land wanted is part
of large tract of land they gave az a
site for a military post. The suit is
brought to determine the amount of
damages to be paid the present owners.
The clerk of the United States district
court received the dispositions in the
Trambull case which were taken before
j. w. Merriman, United States consul
at Iquique.
DAMAGES FOR BooHERs
The case of Booher VS.. The Pacific
railway company was concluded yester-
day in department. two, the plaintiff
getting damages in the sum of 1881 .25.
The suit was brought for false imprison-
ment, the plaintiff alleging that he was
arrested and locked up for completely in
an alleged robbery from the company.
The action was brought for SIC. 900 dam
ages.
AN INTERESTING POINT.
Judge Smith will be called upon today
to decide whether man can be locked
up on what is known as "Aoater," or
suspended sentence. The test will be
made in the case of Ben Heaton, who ie
now confined in the county Jail on a
judgment of conviction rendered in
March last by Justice Owens, who sem
fenced him to ninety days. imprison-
ment and suspended execution of the
sentence for a certain time. HeatUn
left town and remained away for some
time, but came back on visit and was
arrested by detective and placed in
| Jail on the commitment issued in March.
His attorneys wish to determine the
| terday applied for writ of habeas
corpus, which they filed in department
one. The decision on this point will be
awaited with considerable interest by
the legal fraternity.
NOTES.
The Wilmer Bros company yester-
day received judgment against Louisa
J. Woods for 5000 on foreclosure of mort
gage. The case was heard in depart.
ment three.
Edward L. Baker, who is charged
with forging the name of Morris M.
Green to mortgage, was arraigned be-
fore. Judge Smith in department one
Yesterday. His case was continued to
the 9TH to plead.
George Wilson was before Judge Smith
yesterday on charge of burglary pre-
ferred by the proprietor of the West
minister hotel, who alleged that Wilson
entered the dining room of the house
on the night of September 18th. Will
son entered a plea of guilty and was
sworn. The court adjudged him guilty
of burglary in the first degree, and SEN
| fenced him to one year in San Quentin
Judge Shaw was yesterday engaged in
| hearing the case of Hayne VS.. Herman.
The plaintiff, Mrs. Martha Hayne, is
suing Mrs. Angelica Herman for di.
vision of the property of E. G. Herman
deceased. The plaintiff is a daughter OF
E. G. Herman, and the defendant is his
wife.
NEW CASES.
Fifty-nine new complaints were flee
with the county clerk yesterday, beating
the record of new cases since the new
courthouse was opened. The complaints
are as follows:
A. G. Baker VS.. Ludwig Albrecht e
al. Complaint on foreclosure of mort
gage for $500.
Hannah A. Baldwin VS.. John G
Kofoed, James f. Cosby and Honorin'
B. Marion. Complaint on foreclosure o
mortgage for $1,000.
Gregory Perkins, Jr., VS.. J. w. Chef
ham and w. I. Chetham Bros. Suit TO