The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-05-25
IT IS A QUESTION OF vERAC|TY
Testimony Nearly All in in the
Vignes Perjury Case.
The Utter UnreIiability of the Pros
ecuting Witness Shown.
The Defendant Denies That He Ever
Said the Things Mr.. Cleveland
Says He Did-WnI Reach
tho Jury Today.

tendance was large during the day.
The defense yesterday showed the
utter unreliability OF Louis Ewing, or
Brooks, who charges that Deputy Sheriff
Vignes proposed for $40 to get him
light sentence If he pleaded guilty to
the charge of burglary against him. and
the case would fall by its own weight II
it were not for the positive statements OF
Mr.. Cleveland, bnsiness manager for y.
W. Luitweiler, that he heard the de-
PENDANT make the representations which
resulted in the Indictment.
The case seems to have einmered
down into question OF veracity be-
tween the defendant and Mr.. Cleveland,
and some technical points, which were
argued at length.
J. w. Kemp, Ewing's attorney, who
WAS very active in bringing about the
charges against Vigueo, was the frat
witness yesterday morning.
He testified that he met the defendant
the day after Ewing had been sentenced,
just outside the city jail. Vignes told
him he had an order from Ewing for
some money at Luitwe iler's, and it was
to be used to procure things for Ewing
next Kemp saw Vignes in the Jail, and
the latter, he said, threatened to kill
him il he was convicted. This remark
was stricken out by the court.
Deputy Sheriff W. Ii. Cline testified
that he saw the order fer $40. Vignes
showed 1T to him and told him he was
going down to collect it. as Ewing want
ed to take it with him to San Quentin.
There Waa no eaCraav ahOut it.
Ewing was then put on the stand and
denied having written any letters to
fellow prisoner named Willbanks, and
would not identity several papers shown
him by counsel for the defense.
The prosecution having rested, Mr..
Appel, in the absence of the jury,
moved that it be instructed to acquit
Amongst other things, he asked acquit-
tai because, even if Vignes had done
every thing he is accused Of. it would
not, he commended, be willful misconduct
in Office, and not material upon which
to base charge Of perjury. He argued
that the acts complained of must be
shown to have besn violation of his
duties as deputy sheriff, and that
what he did, if he did it, was not such
violation.
The court overruled the motion, and
the defense occupied the afternoon in
putting in their evidence.
Ex-Mayor II. T. Hazard, Judge W. T.
Mckinley City Treasurer H. ]. Shout
ters, Eugene E. Maxwell, DIR. @. Edgar
Smith. Theodore Summerlsnd, ]. G.
Estudillo, Frank P. Lowry, E. A.
Meserve and exCouncilman D. McGarry
were examined as to the reputation of
the defendant for truth and veracity,
honesty and integrity, and all testified
that it WAS good.
j. G. Henry, one OF the deputy jailers,
testi6ed that ON the first night Louis
Ewing was in Jail he had conversation
with him. Ewing told the witness that
he was going to plead guilty and get
lighter sentence in that way. The wit
ness did not ask him about it, the de-
fendant volunteering the statement. He
never knew of any conversation that
Vignes had with Ewing except once.
That was about the time the grand Jury
was investigating the matter. Ewing
said that he had given Vignes an order
for $40; that it was to be- for him
Ewing, and Vignes would get it at Mr..
Luitweiler's.
A. w. March was put on the stand
and testified that Ewing told Jailer
Kennedy that he had testified falsely
before the grand jury and wanted the
sheriff, Mr.. Appel and Mr.. Vignes to be
notified. The witness took the message
to Mr.. Appel.
Deputy Sheriff Frank Cochran testi-
fed that he got some papers from Sher-
itf Cline which he handed to Judge
smith, Jailer Kennedy handed them
to Sheriff Cline and Cline TO him.
Deputy County Clerk Sesver WAS
called as an expert to identify three
pieces of handwriting, the authenticity
OF which has been denied by Ewing.
They were requests by Ewing to Judge
Smith, asking to be sent to the peni-
Tertiary 80 that his time would begin.
| The letters we're introduced in evidence
and read to the jury. In one of them
Ewing Gays that he il the victim of
vile habits and implores Judge Smith
not to put him on the witness stand in
the Vignes case.
Willfanks. serving term in the
county Jail under sentence by Judge
Ross for forgery, testified about being
trusty in the Jail and about Ewing's
frequent conversations with him, and
about his having handed him the notea
in evidence. He never heard Ewing
speak of Vignes having made any such
| pIopOnltioA as eune Wthh WA-CA Ao is
charged.
Jailer @. ]. Kennedy testified with
regard to the statement made by Ewing,
which was taken down and sworn to,
clearing Vignes of blame. The witness
said he never saw Vignes talking to
Ewing No inducements were held out
20 Ewing. He made the statement
voluntarily.
H. @. Vignes, the defendant, being
sworn, testitied: 81 am the defendant,
and am 29 years old. have lived in the
city all that time. | got acquainted with
Ewing 6rst some time in April, at the
county jill. The first time saw him
he WAS brought in by Mr.. Cline on sus-
picion. 1t afterwards developed that he
had stolen horse and buggy from
Captain Darcy. He was brought in be-
tween and O'Clock in the afternoon.
put him in the middle tank. talked
with him the next day. He asked me
what constitutes burglary. l told him.
He said he had no chance to beat his
case. and would plead guilty. The neat
day he told me so again, and told him
the information had not been filed. He
called me again the next day and re-
pested his statement that he wanted to
plead guilty.
II told him l would see the district at
torney and would tell him. l saw Mr..
Cline the next morning and told him
Was going to the district attorneys
Office to tell him about Ewing. He