The herald., 1894-05-24
VICTORY FOR THE |NDUSTR|ALS
They We're Acquitted of Cap
turing a Freight Car.
An Exciting Scene in the Police
Court Over the Case.
The Defendants' Attorney Won the Con-
tention That No Public Ofenss
Had Been Oommitted-De-
oided on n TsehnioaIity.

Thirteen is certainly not an uniucky
number with the Comnonwealers. Had
it been, that number of Coxeyites who
were arrested for taking possession OF
the Southern Pacific car last Friday
night would not have had the opportu-
nifty of joining their onto Washington
comrades again soon. As it is, the army
has won its first victory in Los Angeles,
and it was won with hardly a struggle.
The victory has already had the effect Of
instilling new vigor in the unemployed
who are 80 thoroughly imbued with the
craze OF going to Washington at all
hazards to legislate upon questions eco
nomic.
When the case against the Industrials
was called in Justice Seaman's court
yesterday morning, there was no vacant
room for even those who wished to
stand. The leaders of the Los Angeles
contingent appeared more hopeful than
ever, and were far more congenial than
the night of their arrest by Sergeant
Morton and his men. More or less SYM
patty seemed to be called out by the de-
fendant Coxeyites, and the proceedings
were watched with unusual interest.
Scarcely had the court called the case,
when Attorney G. @. Stephens. for the
defense, with the sternnsss of that ia
nous Indiana objector. opposed the
wording OF the com plant, and contended
that there were three distinct and separ-
ate charges in the bill against the men.
He was perfectly willing that the prose.
cution should file one charge, and that
the other two be dismissed. The men
were charged with unlawfully assem-
bling on a boxcsr, frauduently attemp pit
ing to evade the payment of railway fare
and with refusing TO disperse when com.
manded by public officers. Attorney
Stephens's construction of the COM
plant WAS that there were certainly no
less than three allegations, and moved
for the dismissal of at least two oil
them.
Then the blood of that young south.
ron, Deputy District Attorney Davis, be-
gan to boil, and ne cited case after case
to show the falsity of the argument pre-
sented by the defense, and the matter
was finally settled by the denial of the
motion.
The prosecution then called Officer
McLain to the witness stand, but before
an opportunity WAS given to testify At
torney Luckel, one OF the attorneys for
the defense, interposed a strong objec
ton to the taking OF any testimony. DE
based his motion upon the ground that
there was no cause OF action, in that the
complaint failed to show that public
offsnse had been committed.
This was a surprise to the prosecuting
attorney and others who had not looked
for the attack from a technical stand
point. Attorney Davis strong argu-
ment against the allowing of such a mo-
ton vac crushed fat when the court
displayed an opinion in favor of the de-
PENDANTS and granted motion to hea
no testimony.
The Jury WAS then instructed, unde
the peculiar circu instances, to return {
verdict of not guilty, whereat Attorney
Davis waxed wroth and intimated tina
the court had stepped out from its judic
ial skirts to make forewarned mistake
He stated that were the defendants &C.
Quilted no other complaint could be filed
against them, as, from legal point o
view. they had alrerdy been placed il
jeopardy. Mr.. Davis finally stated the
Jury could do "a it pleased in the matter
to which no objection was made by the
court and began an argument to thai
body. Then Attorney Stephe ms con
tended that Mr.. Davis had no right t.
instruct the jury after the court had
done 90.
There was too much against the dis
trict attorney, and he resigned his case
with feeling that ne had done his
duty against many hebos. Despite the
jury's knowledge of the fact that they
could return verdict Independently OF
the court, they came back and an.
nounced the defendants not guilty,
whereupon the court room WAS filled
with hubbub and excite ment.
The sympathy seemed to be in favor
of the Industrials, but the officers and
the district attorney were far from
sympathetic state of mind at the pscu
liar circumstances which mark the frs
victory OF the Los Angeles Common
wealers.