The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-05-11
IT WAS A GREAT DAY FOR WRITS
The Industrial Army Scored
None but Victories.
All of the Weary Pilgrims Obtain
Their Liberty.
The San Bernardino Officers Set to
RouJ and 1t Was Judge Barthol-
omew's Dollar Bond That
Settled Their Fash.

TIE troubles of the officers of the
Second regiment OF the Industrial army
are ended for the time being, at least, if
the relentless Cotton men who have
camped on their trail with such perth
nacity know when they have enough.
This is not due, perhaps, SO much to an
absolute want of basis to the charges
that have been made against Vinette
and the others, as the proficiency of the
officers OF San Bernardino of knowing
exactly how not to do thing. This
was the opinion OF Judge Van Dyke
when he granted the discharge OF the
prisoners on the last writ OF habeas cor
pus that was heard in department four.
1t was great day yesterday for writs
of habeas corpus, and the Industrisls
had no lack of opportunity for posing aa
martyrs. Now these leaders, minus
their regiment, are free again and back
to their old haunts in Los Angeles. no
worse nor better off than when they
left that fateful forenoon more than a
month ago to conquer Washington or
bust"
The victory OF the Industrial army
men on legal grounds has been complete,
and among the trophies of their victory
they may proudly point to the 81 bonds
they were permitted to give before a
Los Angeles justice of the peace to Sc
cure their presence in Cotton to answer
to charges Of rioting. The bonds, as
we'll az the complaint, are now worth
less, but they ought to be preserved for
future reference.
1t was somewhat after 10 O'Clock yes
terday when Judges Van Dyke and
Clark took their seats on the bench in
department four. A very large audi
ence, composed OF respectable looking
workingmen, sat and stood in the lobby,
while fair sprinkling of lawyers was
within the bar. The prisoners sat near
the rail, distinguished from mere ordi-
nary mortals by email American flags
in the upper left buttonholes OF their
coats.
Attorney Luckel read the complaint
against Arthur Vinette, L. Thompson,
alias Albert Thompson Frank Kane, j..
s. Bernard, Thomas J. Cook, F. Peter
son, @. II. O'Brien and George B.
Blanchard, charging them, on complaint
of Deputy Sheriff Reeves of San Bernar-
dino county. with having on April 18th 1,
wilfully, unlawfully and fraudulently
evsded and attempted to evsde payment
for travelling on cars of the Southern
Pacific company. This complaint is
based upon section of the act regu-
latiRg the functions and powers of rail-
road com missioner5. and provides that
such evasion of the payment of railroad
fare is misdemeanor, upon conviction
of which the defendant may be punished
by fine OF from So to $40.
Mr.. Lucksl argued that the word
fraudulent in the complaint was insuf-
fcient. The elements or facts which
constituted the fraud should have been
set out fully in the complaint to make 1t
operative. He cited a number of au-
thorities, and asked for the discharge of
the petitioners on the ground that the
complaint did not state facts constituting
q public ofiense.
Frank Oster. district attorney of San
Bernardino county, conceded that the
elements of fraud must be set forth in
detail in civil cases, but that another
rule of law prevailed in criminal prac-
tice. He read number of sections OF
the codes to establish his position. He
believed that the allegations in the COM
plant fully set out the nature of the
offense. The supreme court had re-
peatedly decided that if the complaint
gives the language of the statute, that
that ia sufficient. While he was willing
TO admit that in certain cases of fraud it
might be necessary to fully Get out the
nature of the crime, this WAS not one of
them.
District Attorney Dillon, who followed,
read the section of the code under
which prisoners could ask for the pro-
cess of habeas corpus. He did not deem
that in this case the section applied.
Defendant's remedy would be by de-
murrer.
Messrs. Baker and Dunlap, for petit
TONERS, took the opposite stand, az did
G. @. Stephens, who argued that if the
complaint did not state facts sufficient
to constitute cause of action and the
higher court 80 held, that such ruling
must necessarily be the end OF the case.
In cases OF alleged fraud the language of
the statute ia not sufficient, and specific
facts must be pleaded. He challenged
the people to show any decision of the
supreme court of California since its in
ception which would prove that his con-
tention was not correct. This complaint
was defective because it showed no cause
of action and there were three grounds
upon which the petitioners discharge
should be obtained.
The audience had been very glum and
serious up to the time that Stephens
started in to make mis- short address, but
then all those who were in sympathy
with Vinette and his fellow prisoners
smiled audibly and shook their heads
approvingly, with an ld.you-so ex-
preston ON their faces.
The court adjourned until 2 O'Clock
but it was at least half an hour later be-
fore Judge Van Dyke alone resumed his
seat. He said that the charge of COM
mitting riot had practically been aband-
oned the day before as it was evident
that the superior court had no jurisdic-
ton over such an offense. Referring to
the matter of the charge OF misdemeanor
heard in the forenoon Judge Van Dyke
said that while it is held that it ia gem
orally sufficient to quote the language of
the section in complaint, in cases of
fraud an insufhciency to explain the
cause of action vitiated it and rendered
it absolutely void. The warrant of com
mitment in the case at issue was clearly
insufficient, and he would grant the writ