The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-05-06
RETRIBUTION COMES AT LAST,
Young, the WOman-Killer, Must
Go to Folsom.
A Conviction for Rape Reversed I'M
der Peculiar Circumstances.
National City Gains a Case Against One
of Her Saloon Keepers-Anna TAy-
lor Sues Los Angeles for
Big Lump.

people against william IL. 1Oung ana
t. A. Densmore, and they were received
at the Los Angeles Office for filing yes
terday.
Young caused the death Of his mis-
tress, M Alameda street prostitute
named Irene O'Prien, alias Mansfield,
by throwing a lighted lamp at her, and
she died shortly thereafter from Injuries
received by burns. The information
charged the defendant with murder but
he was convicted OF granddaughter. His
motion for new trial was denied. The
supreme court GEES no reason for dis
turbing the judgment OF the superior
court or for granting Young new trial.
There was evidence enough to warrant
that conclusion by the jury. No error
was committed by the lower court in its
Instructions to them. Tho Instructions
as to how the jury should view tine test
imony, and that they should consider
his (defendant's) relation to the case,"
etc., while criticized several times by
the supreme tribunal, seems to be
favorite subject for instruction in lower
courts, and mas been too often held to
be not erroneous to be now overturned.
No error was committed in admitting
evidence showing to some extent the re-
lations existing between appellant and
the woman killed, Of man and mistress,
because it necessarily appeared in the
disclosure Of facts pertaining to the case,
and the appellant was not unjustly
prejudiced thereby. Judgment and
order affirmed.
The prisoner Young, who has, pend
ing the result OF the appeal, been con-
fined in the county Jail on a certificate
of probable cause, will now be removed to
the penitentiary, to which he was sen
fenced for 10 years.
In the case of the people against
Densmore, appellant, the judgment OF
the lower court ia reversed and the
cause remanded. He was convicted OF
rape in Kern county. The supreme
court held that the evidence was suffj-
Gent to support the verdict. After
pointing out some Irregularities in the
impaneling of the jury and glaring mis-
takes of dates in the information, which,
however, are not considered necessarily
fatal, the court comes to the conclusion
that the appellant ia entitled to new
trial, because the superior court, when
one OF the witnesses for the people upon
the stand became indisposed and unable
to further testify, continued the case for
period OF SO days against the objection
OF the defendant. Such procedure
cannot be countenanced, and the action
OF the court is feltto have been such an
abuso OF tho discretion repoeed in it
that another trial must be had. While
the prosecution was placed in peculiar
and embarrassing position by the sud-
den sickness OF the witness, if her testi :
mony was important, at the same time
the conditions were occasioned by no
fault or act of the defendant, and no
rights OF his should be sacrificed or even
jeopardized thereby.
After descanting upon the possible
effects during such an unreasonable con-
tinuance that might result to an average
jury, roaming at large throughout the
country without the care and protection
of the court, the supreme tribunal is
satisfied that while it would be impos-
sible to lay down any fixed rule by which
the term reasonable continuance" can
be determined, it feels that the course
pursued by the superior court of Kern
county must not be allowed to pass into
precedent.
In department one of the supreme
court, the Judgment in the case OF Hsrt-
wick, respondent, against National City,
appellant, was reversed. The defendant
passed an ordinance September 81, 1887,
requiring persons engaged in the BUSH
ness OF selling intoxicating liquors at
retail to procure license therefor, be-
fore engaging in the business, fixing the
license tax at $75 per month, and re.
qulred that licenses should issue for a
term of not less than three months. In
nj nj taA IL
TWO licenses to engage in said business
in two different places, within the cor
porate limits of National City, which
were granted, and he paid therefor to
the defendant $3.50 and received two
licenses, each acknowledging receipt of
1925. The plaintiff continued to carry
on the business under these licenses
until April ", 1888, when they were re-
voked by the board of trustees. He
then ceased business, and on May 9th
demanded a return OF the money paid
for the licenses. Payment being refused,
he instituted proceedings March 4, 1891,
setting forth the facts, and, alleging
damages sustained, demanded judgment
for $4,000. The defendant demurred
under the statute of limitations, but the
demurrer being overruled answered,
and Hertwick obtained judg.
ment for 1886. National City took an
appeal and the supreme court now de-
cdes that the demurrer should have
been sustained.
The action was for the recovery of
money paid to the defendant and for
damages resulting from the alleged
wrongful revocation of the licenses.
The liability of the defendant. if any OK
listed, was not founded upon an instru-
ment in writing. and the provisions of
subdivision /, section 339, code of civil
procedure, were applicable. The aver
ments in the complaint that the ordi-
nance OF the trustees, the records of the
city, the application of Hertwick, the
license and the notice of revocation were
all in writing, DO not show that there
was written obligation or an instru-
ment OF writing upon which the liability
charged in the complaint is founded.
The opinion states that the licenses
granted were only permissions to
plaintiff to transact the business speei-
fed therein, and were in no respect con-
tracts on the part of the defendant, nor
did they create any pecuniary obliga-
ton or liability on its part. The &C.
acknowledgement therein OF the money
paid by the plaintiff was only evidence
OF its payment, and of no higher grade
than mere receipt. and did not create
any obligation on the part OF the de-
fendant to repay the same, or any part
m...l.e ii .AeG