The herald., 1895-09-04
The Arrest and Fine of Kow
aIsky all Outrage
THE CONDUCT OF THE TRIAL
The Friends of the Accused Kept Out
of Court
Pig In Merriam's Capitalization Of Moqui
Indian Articles es-Burglary Of a Resi-.
dence-New Time Table

6rmatiOn of statements previously pub
lished, the Herald will add the following
in reference to the farce of Saturday
night, that may tend 20 still further en-
Tighten the community as to how Jus
tice' is dispensed from Recorder Rossi-
tors court. After kowalsky had been
Jailed, the Herald correspondent went
around to investigate. Soon after, the
officers took Kowalsky from Jail, the
recorder, the officers and the prisoner
went to the court room in the city hall,
followed by an interested crowd of spec
tators. The leaders of the procession had
no more than got inside the door with
the prisoner than it was shut in the
faces Of the would be spectators the Her
aid man managing to get in, with the
three or four other men and one boy,
which constituted the public the re-
mainder being officers. prisoner and
Judge. Mel ready and anxious both 10
give bail for the prisoner whom they
considered unjustly arrested, and to tes
tify iii his behalf, had the Gco- slamm ed
in their faces. The law is very explicit
on this matter. Decision of the supreme
court in the case OF People VS.. Hartman,
in 13 CAL, p. PAP: "a defendant accused
public tfial. The trial should be
public in the ordinary common sense
acceptation of the term and the court
room should be kept open. and the public
are entitled to be admitted with due re-
gard to the size of the court room, the
convenience of the court, the right to
exclude objectionable characters and
youth OF tender years and to do other
things which may facilitate the proper
conduct of the trial. After getting in
side an officer put his back against the
door and sat holding 1t against any in
quisitise citizen who might want to come
in, and remained there during the whole
of the proceedings. And this in Ameri
ca, the land of the free. And in Pasa-
dena. the Athens of California! After
the usual formal statement to the priS-
Dner, to the effec, that he was entitled
to counsel. and, in case he put up bail,
to trial at later date. by jury il he
so elected, the judge advised him that 1t
would cost him much less if he pleaded
guilty at once. as ho would thon put the
fine at low figure.
AT this juncture a new-found friend ad-
vised him to plead mot guilty. where
known it would be this way [ wouldn't
have taken the trouble to come up here
tonight" He then fixed the prisoners
bail at $25. The prisoner had about $S. 70
in his purse (Which the officers had taken
care of. with his watch, while Kowalsky
was in jaiD SO of course he could not put
up the $25 cash. His proffered check was
refused and ne was denied the right to
go with an officer one block away, where
he could get bail. All this time there
stood just outside the close and guarded
door men. supposedly free American cit
liens. who would have gladly put up
twice thet amount for the prisoner had
they been allowed inside the public tri-
bnnaIv The Herald correspondent
would have gladly put up the money ex-
cept Tor the selfish reason that he really
wanted to see what this unique magis-
trate would dc next being absorbed in
the contemplation of passing events, in
which he preferred to be passive spec
,ator. Meantime the judge was talking
about the advantages of paying small
fine rather than suffer commitment men,
toniug incidentally that it would be only
IS, and would save much trouble and
keep him out OF Jail. Finally as a
clincher the argument was brought for
ward that it was not showing proper
respect for his daughter to go to Jail and
leave her to taFe care of herself. The
prisoner. who chad been steadily main
tanning bis innocence in his broken Eng
lish and saying he would fight it out at
any cost, finally said he would pay the So
and thus keep out of Jail, say ing also that
he would fight the case, evidently not in
tending for moment to plead guilty.
Not only was it evident t1at his knowl-
edge OF English was somewhat limited,
but he seemed little deaf also. No ties.
timony nf any kind or character was
calledkfor or given. Even if the Judge
considered that the prisoner had pleaoed
guilty, he did not 60 through the for
inality prescribed in the following from
the penal code. section 1449: after
plea or verdict of guilty the court must
appoint time for rendering judgment.
which must not be more than two days
nor less than siI hours after the verdict
is rendered, unless the defendant waive
the postponement."
The lawyer who was present says he
did not advise Kowalsky to plead guilty.
He told him that it would be cheaper.
The prisoner was not asked whether he
waived time Tor sent ,nce to be pro-
nounced, but was told to pay over his $5,
which he did. and the farce was brought
to close. The afterpiece is now about
to begin.
Brevjties
The second trial growing ont of the
killing of one of John BIedebacn's pigs
by K. d. G. Campbell. was tried in Justice
Merriam g court this morning. The tes-
timony showed that, the pig was one of
many that Biedebach kept in pen in
the vicinity of Campbell's home and fruit
drier on Villa street and that it was
killed because it was Troublesome about
his fruit. The jury, under the instruc-
tions,o the court, brought in verdict of
acqpittai.
The collection OF Indian articles of
dress and wear. photographs, baskets,
etc. ), brought back from the Moqui coun
try by Mrs. Lowe, Messrs. Vrooman.
Rust and Crandall is one Of great beauty
and variety and many have stopped at
Glasscock e. Vrooman's window to ad-
mire it,.
Mrs. Vance reported to the police de-
partment this morning the burglary of
her house on Walnut street last Friday
and the abstraction therefrom of $14 in
cas.. The house has been left unoccu-
pied for q short time and was entered
during the absence of the family. The
loss is one that can be illv borne.
+. G.. Thompson plead guilty this after
noon to the charge of disturbing the
peace in using profane language towards
some young men on Howard street, and
paid fine of $3.50 into Recorder Ros.
siter's court.
Officers Goltman and Orr arrest ed last
evening man named johnson for being
drunk and disorderly and this afternoon
he was fined $5.
The electric time from here to Los An
Eeles has been shortened to 55 minutes.
The intervals of departure remain the
same-20 minutes.
One OF John Vlier's horses became
frightened at an electric car this morning
Lear, the power house ann upset the
wagon. 1t was righted, however, with
For Over Fifty Years