Los Angeles herald., 1892-01-24
a want of Jurisdiction. The cou

state are set out in the opening para
graphs of the indictment and following
is the allegation: That the defendants
with intent, then and there, to cheat,
etc., did then and there point out and
show Gel tain lands, describing them, in
said county and state, etc. Then and
there' refer to the time and place alleged
in the opening paragraphs, and are
sufficient.
The point is raised that the party de-
frauded bad opportunity to ascertain for
himself the truth or falsity of the rep
reservations, and therefore no one ia
blamaole but himself in acting thereon.
This same point is raised in the case of
Norton ct AL, and for reason therein
given the point is deemed not we'll
taken.
Another contention raised by the de-
murrer is that it does not appear the
party was defrauded; that is, that no
damage or loss was sustained.
The allegation is that Malone parted
with 5000 tor the land; that he was in
duced to buy the same by their repre-
sentations, which were false, etc. !; that
the land was worth no more than $50.
This would seem to cover the question
of actual fraud coupled with damages.
1t is urged that it does not comply
with sections $50, 951 and 952. 1 fail to
see in what respect it is thus deficient.
1t would seem to be in ordinary and
concise language, and easily understood,
and direct and certain as to the parties
charged, the offense and the circum-
stances of the offense.
For these reasons the demurrer is
overruled. B. N. SMITH, Judge.
Tho jury in the J. x. Stump forgery
case was completed yesterday afternoon,
and the cause went over until Monday
morning when the taking of testimony
will begin. The following are the jurors
in the case: w. H. McVeau, H. j. Pin
ney, James Baldridge, j. M. Houser,
VIM. Pierce, A. b. Phillips, John G.
Cunningham, Benz. Chubbie, P W. Nc
Stay, Edmund M. Millsap, David L.
Adams, F. M. Mathews.
Stump is charged with forging the
name of Morris NJ. Green to mortgage
for $4,000 on the latter's property, and
also to promissory note for the same
amount, with intent, it is alleged, to de-
fraud Green of his property and O. A.
Stassforth of $4,000.
The details of the case, which has
created genuine sensation by reason of
the good repute of the accused parties
before the transaction was shown up,
have been repeatedly given in these col
umns. 1t was bold job and the con-
spirators were about to make the haul,
when one of them was arrested in Stass-
forth's office, on September 9TH, 1891.
The officers first got John G. Hoy in
their clutches. Hoy is an old, gray
haired man, and though confronted
with almost certain conviction and i'm
prisonment he held his tongue for long
time and could not be induced to give
away the conspiracy until after he had
been tried and convicted.
Alter his trial he became convinced
that the others in the job had made him
the scapegoat of the affair, and he made
a statement at the trial of Edward l..
Baker, who had been arrested in the
meantime as one of the swindlers. Ba-
ker was speedily convicted and sentenced
to fourteen years. imprisonment. He is
still at the county Jail, pending an ap-
peal to the supreme court.
Stump was arrested upon information
that reached the district attorney while
Bakers trial was in progress. 1t is al
legged that he is as deep in the scheme
as either of the convicted men. On his
preliminary examination it was shown
that he had been on intimate terms with
Green for years past, and that during
the trials of Hoy and Baker Stump was
very anxious to have Green drop the
prosecution, and intfmated that he
might be drawn into it. 1t was also
shown that Green had been entertained
by Stump at his home on several occa-
sions when Stassforth was taken to visit
the land by Baker. Stump has been
confined in the county Jail since his
arrest, his efforts to secure bondsmen
being unsuccessful. The district attor-
ney is confident of securing a conviction.