The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1893-05-12
He WAS NOT GUILTY AS CHARGED
s. A. Carlisle Acquitted Of a
Felony Charge.
Mrs. M. E. Roberts Tells How Kelly
Assaulted Her.
She Called on Carlisle to Protect Her and
Says That Ne Tried to Em-
brace Her-An Angry
Judge.

A trial which involved some very
amusing features as we'll as heart burn
ings, took place yesterday before Judge
Clark in department No. 2 OF the supe-
rior court.
= 1t was case in which s. A. Carlisle
was accused of assaulting Mrs. M. Il.
Roberts with deadly weapon, on the
night OF February Goth last.
There was quite an array OF counsel in
the case, j. Marion Brooks and Henry
I. Gage appearing for the defendant,
and Deputy District Attorney Ryan, be-
ing assisted by @. @. Stephens, in the
prosecution.
After jury had been secured, with
comparatively little difficulty. although
the prosecution exhausted it's list of
challenges before the defense did, Mrs.
Roberts was called as the first witness.
She is quite good-looking lady and
wore black satin dress, which set off
her rather portly figure to advantage.
She was walking on Figueroa street
near Adams. ehe said, with her two
nieces, Misses Laura and Florence Rob
erts, the evening in question. It was
Sunday and they had started to church
little early, so that they were Willing
away the time. Two buggies came
along. The first one passed them, but
the second stopped near the sidewalk
and one of the occupants exclaimed:
Hello girls, where are you going?"
Mrs. Roberts says she told her nieces to
pay no attention, and they went on.
But the men in the buggy, after driv-
ing on, came back and the buggy was
stopped in the middle OF the street.
The driver cramped the wheel and his
companion jumped out, coming to where
the witness and her young nieces were
on the sidewalk. She heard one of them
say before he got out: That's Mrs. Rob-
erts -
When the man came up to her, he
said: "Are you Mrs. Roberts?"
She replied that she was not, and the
man said: Don't give me any Of that
game; | am one of the boys.v
Mrs. Roberts asked him who he was
and what he wanted. -
He replied: ''My name is Kelly"
Mrs. Roberts told him she did not
know him, and for him to get into his
buggy. He then took out pistol and
took hold Of her arm, saying he would
shoot her il she dared to move. He did
fire the pistol, right by her head.
"Then," said the witness, 81 called to
the man in the buggy for assistance. He
had been sitting in bent position. He
| jumped out Of the buggy and came up,
! and | saw it WAS Mr.. Carlisle. He tried
| to put his arms around me, and told
| him not to dare to do 30. and that I
| would tell my husband of the insult.
He swore and said be did not care for
any man. Then got away and went to
Mr.. Eisen's house for assistance, and he
took me inside, going with me after
wards to the church door,"
This was the substance of the story as
told also by the other witnesses, the two
little girls, and Mr.. Eisen corroborated
the coming Of the parties to his house.
There was considerable disposition to
levity on the part of the defense during
the examination, as If the defendant
and his counsel did not think there was
much in the case, it being shown that
the man called Kelly, who has not
turned up, was the person who perform (.
ed the acts charged, and not the defend
ant.
This proved to be the case as far as
the charge of assault with q deadly
weapon was concerned, for when the
prosecution rested and the defense
moved that the court instruct the jury
to acquit, he said he was inclined to do
80. The prosecution, however, wanted
to argue the case and did so, after the
defense rested without putting in any
evidence.
G. @. Stephens scored the defendant
numerically in his remarks, saying
that even if he had not committed the
direct assault he had been present and
aided his companion to insult the COM
planning witness and the young girls
who were with her, and it would not do
to try to laugh it off.
The defense did not argue the case,
and Judge Clark instructed the jury to
acquit the defendant of the crime with
which he was charged. They retired at
o'clock, but stuck for a long time be-
fore agreeing. Finally, at about 8
O'Clock last night they returned YER
dict of not guilty. 1t was understood
that they stood IL for acquittal and one
for conviction from the first ballot.