Los Angeles herald., 1891-02-21
THE DAMRON CASE.
THE DEFENDANT AND THE JURY
LOCKED UP FOR THE NIGHT.
DR.. Wo Sing Discharged In the U. 8.
, Court : Supreme Court Notes Pro-
cesdings In the Damron Trial.


Judge w. II. Morris, of Nebraska, re-
sumed his argument on behalf OF the
defendant in the Damron forgery case
in department one, and occupied the
attention OF the jury until five minutes
past IL O'Clock, when a recess was taken
for lunch. His address was one Of the
most eloquent and impressive that has
been heard for some time past in local
court of justice, and was listened to
with rapt attention, which evinced
the intense interest taken in it by his
audience.
On reconvening at 80 O'Clock, Dam
ron himself addressed the jury, and
made strong appeal upon the sympa-
thies of his auditors. At 2:l5 o'clock
he was followed by District Attorney
McLachlan, who reviewed the case at
some length in business-like way, and
urged the jury not to allow sentiment to
interfere with the discharge Of their
duty. The case was finally entrusted to
the jury at 3 80 O CLOCK, and shortly after
5 O'Clock Judge Smith ordered recess
until O'Clock, the jury in the mean
time going out to supper with Deputy
Sheriff Sepulveda. No agreement hay
ing been reached at S: 80 O'Clock Judge
Smith ordered the jury locked up for the
night, and Damron returned with Jailer
Pallett to his quarters at the county Jail.
UNITED STATES COURTS.
The trial of the case against Tom Ii
Chung, alias DR.. Wo Sing, charged with
having aided and abetted the illegal en-
try of Chinese into the United States,
was brought to close yesterday in the
United States court by the jury, in ac-
cordance with the instructions of Judge
Ross, returning verdict of acquittal.
Although the evidence adduced was
very damaging against the defendant
and proved that it was his intention to
smuggle the Cinnamon into this coun-
upon the techinal ground that he had
not committed the offense charged. 1t
appeared from the testimony that
in March last the sloop
Benicia Boy was boarded by the
crew of revenue cutter, while she
was entering San Diego bay on her re-
turn trip from Ensenada. Nine Mon
golians were found slowed away in the
hold, and Captain Williams, who was
in charge of the sloop, was arrested. 1t
was subsequently developed that he had
made an agreement with DIR. Wo Sing,
OF San Diego, to carry the Chinese from
Mexico, for which he was to receive $40
per head. The Chinese doctor was
thereupon arrested for aiding and abet.
: ting Captain Williams, and while he
was in custody of the marshal in this
city several documents were found upon
his person, which, upon being trans
lated, exposed his crafty schemes, and
showed him to be an adept in the art of
smuggling his countrymen. 1t was
shown, however, at the trial, that Cap
tain Williams was arrested at sea, and
that on reaching shore the contraband
Chinese were taken on shore by the
revenue officers. Therefore Captain
Williams did not, technically speaking,
commit the offense charged, that OF
landing Chinese; and, as matter OF
course, If no ofense was committed, DIR.
Wo Sing could not aid or abet it, and he
was, therefore, technically Innocent.
Hence the court had no alternative but
to instruct the jury to aoquit the de-
fendant. which was done.
In the United States district court
yesterday the cases against Frank B.
Peacock, yr., three printers charged
ued, the court being occupied with an
other case. Those against Schultz and
Ford will come up for hearing at Ii
O'Clock this morning, but that against
Peacock went over until March Sd next.
SUPREME COURT.
The following decision was received
and filed yesterday by E. c. Weir, the
local deputy clerk of the supreme court:
The case of Pevie vs. Beaumont. No.
13,737. In bank.
If sufficient affidavit OF service is
fled within five days from date hereof,
the motion to dismiss will be denied,
otherwise it will be granted.
PATERSON, J.
We concur: Harrison, j., Mcfarland,
j., De Haven, j., Sharpstein, j., Beatty,
CT.
COURT NOTES.
On motion of the district attorney an
information was filed yesterday charg-
ing Charles Johnson with grand larceny.
He will appear for arraignment on Tues
day next.
Judge Smith yesterday denied the pc
tition for a writ Of prohibition to pre-
vent B. G. Sweet. the city recorder OF
San Pedro, from trying four cases of
selling whisky without licenses at that
place, on the ground of want OF jurisdic-
tion and ordered judgment for the re-
spondents' costs.
In department two the trial OF the
breach of contract case OF d. Ellsworth vs..
the Gallup Coal company was brought
to a close yesterday, being intrusted to
the jury at noon.
Judge Clark yesterday issued all order
temporarily suspending B. F. Bragg
from exercising his functions as admins
traitor of the estate of Irenio Avila, de-
ceased, d. w. Field, one OF his bonds
men, having withdrawn from his bond.
1t is claimed by the heirs of
the estate that two months prior
to the date upon which Avila
was adjudged insane, Bragg entered into
contract with woman, whereby she
was to marry Avila and turn his prop
erty over to her partner, she on her part
to receive $75 per month. Shortly after
this marriage was contracted Avila was
adjudged insane, and Bragg was ap-
pointed as guardian Of his estate. 1t is
alleged, however, that he did not make
any accounting Of his guardianship, and
that he disposed of $4,000 worth of
property for which he did not account.
At Avila's death Bragg was appointed