The herald., 1895-03-06
Alleged Prosecutions of a Man
by Mr.. TOlfree
CHITTENDEN'S TRIBULATIONS
Arrested Three Times and His Money
Attached
to SI7'Soo Damages or
Not

The damage suit Of L. e. Chttenden
against ]. H. Tolfree was called up in De-
partment Six yesterday afternoon, the
plaintiff demanding a jury. 1t is an
action to recover $12, 500 for reputation,
which, Mr.. Chittenden alleges, has been
tarnished by the acts of Mr. Tolfree
The complaint shows the following state
OF affairs: On January Goth Of last year
j. H. Tolfree directed his brother l.. H.
Tolfree, to go before Justice of the Peace
N. r. Wilkinson, in Kern county, and to
swear to complaint charging Chittenden
with grand larceny for having stolen from
J. II. Tolfree the sum of 1904. The ac-
cused was arrested, kept in Jail sixteen
hours and released only after he had
given $1,000 BAIL The case was dismissed
in the month of March following for want
of prosecution.
On the 21st of January in the same year
Chittenden was again arrested, at the in
stigation of J. H. Tolfree, but on COM
plaint of l.. Fl. Tolfree, according to the
plaintiff, and charged before Justice
Craig OF Mojave with having burglarized
the Depot Hotel and stolen 1904 from the
safe. This time Chittenden was locked
up twenty-four hours and he had to give
bail in the sum of $4,000 before he could
regain his liberty Three days later this
case was dismissed, too, but a new COM
plant, averring the same facts substan-
TALLY, was drawn up on the same day,
| and this time it was forty-eight hours
that Chittenden passed away in durance
before he could procure $4,000 bail bond.
| On this last charge Chttenden was held
| to answer, but released on a writ of habeas
corpus by Judge A. R. Conklin of the Kern
| county Superior Court, because the Dis
| trict Attorney had failed to file an in
| formation within thirty days after Chit
tenden had been committed for trial.
While plaintiff was getting in and out OF
| Jail the newspapers published his ad-
ventures, and Private Detective Insley
took him to photographer, where his
counterfeit presentment was artistically
! produced by means of collodion and the
album kept at the Los Angeles police
Office, where it is known as the Rogues'
| Gallery"
This album is supposed to contain the
| pictures OF all the celebrities and budding
| freshmen in the science OF breaking the
| law. Chittenden says that his travelling
and other expenses while thus dragged
around from calaboose to county jail were
| $500. Adding to this the injury to his
| good name, he is willing to call it square
| for $4,000.
About the time that Chittenden was
arrested and re-afrested so much Tolfree
also brought civil suit against him,
claiming that he owed him 1856, and at
| tached $725 which Chittenden had on de-
| posit in the Farmers and Merchants bank
in this city. Tolfree Jared no better with
| his civil suit than he had with the Grim
| inal ones, and Judgment was rendered
in favor of Chittenden in the Superior
| Court Of Los Angeles on March %, 1894.
The plaintiff Chittenden AYERS that all
of the acts of Tolfree were the outcome OF
malice and spite, not warranted by any
| act of his, and for the trouble and expense
| he was put to, as well as for the damages
to his good name, reputation and credit,
I! incurred by the attachment, he wants
| $500 extra.
Defendant Tolfree denies that he caused
any of the re-arrests of Chi ttenden or had
| anything to do with having the criminal
complaints preferred. AS to the civil suit
he admits bringing that but he claims that
he had an excellent motive for doing it,
money, and that if he did not recover
Judgment it was not so much becaues he
had not got good cause of action as
because he was unable to prove his case
in court. And Mr.. Tolfree prays that in
stead of Mr.. Chittenden recovering $$12, :
500, he be on the contrary requested to go
hence without day-or to take walk
and that he be made to pay Mr.. Tolfree' s
costs.
After jury had been impaneled the
foregoing story was read by the attorneys
to it and a recess taken until this morn
ing