The herald., 1896-09-26
A VERY PROMPT AcQUlrTAL
Followed BY the Issusace Of New
Complaint
Knights Of Pythias Give . Banquet-En.
tries for the Monrovia Road Race.
Personals and Drevities.

very plainly that the city should never
have been put to the expense Of the
trial at all; for there waS not one parti-
ole Of evidence to substantiate the COM
plant, namely. SELLING whisky" the
witness by whom 1t seems 1t was expect
ed to prove this having been missing for
q month. as everybody knows. Hence
all Of any Importance that was brought
forward by the prosecution was the tes-
timony Of one witness that beer had
been sold in the place. and to make the
complaint At the testimony little bet
ter, after most Of the day had been spent
principally in wrangling on the part Of
the attorneys and the defendant had
been promptly acquitted. then, and not
until then. was complaint drawn up
which can be backed by some testimony.
This is to the effect that beer was sold
In the place in violation OF ordinance No.
220. Beer was not mentioned In the first
complaint, nor was the ordinance des-
ignated.
City Attorney Arthur opened the case
for the city. and w. r. Bacon of Los An
geles was in charge Of the defense.
At the conclusion of close examina-
ton and considerable challenging the
following jury was secured:
]. s. Grove, H. G. Bennett, r. H. Scud-
der, 8. Ballou, H. F. Cogswell. I. w. Will
son, j. w. Banbury, 3. G. Ninde. Thorn
as Crew, s. G. Goss, John Peaslee. A. l.
Cannon.
city Clerk Dyer was the first witness
called to show the validity Of ordinance
No. 220, or ordinance regulating the sale
of vinous or malt liquors in this city.
The defense made a vigorous objection
to the admission of this evidence, on the
ground the complaint was for misde-
meanor, not for the specific violation OF
any stated ordinance.
Overruled and exception noted.
il. knight was next called and testi-
ned that he was q waiter in the restau-
rant kept by the defendant at the time
specified in the complaint, August LIST.
where he had charge Of the wine room;
that he did not know the complaining
witness, ]. j. johnson, nor his compan-
ion, e. s. Berry; that he had nothing to
do with Johnson's disappearance from
town.
Marshal Lacey was then called for the
purpose of showing that the prosecution
had made every effort to locate johnson
and bring him back. but this testimony
W. p. Thomas was called. but refused
TO answer the questions for the reason
that a case 1ust~M This Is pending
against him. He was excused.
~. .. Barry IHcu 8dvC tuC OiaAy eSosA-
rnony that amounted to anything, which
was to the effect that on August LIST he
had gone into the place with ]. J. john
aon and that both ordered beer, which
Knight served them and they drank It
and paid Is cents for the same. Mr.. Ba-
con, attorney for the defense. subjected
Barry to q rigid cross-examination, but
nothing else Of Importance was brought
out. -.
After the noon recess, Chas. Miller.
Calvin Walker, VIM. Barto and j.. ].
Knight were successfully put upon the
stand. but their testimony amounted to
nearly nothing. Miller, Barto and Walk
er had been in defendants restaurant
on the day charged in the complaint. but
had not bought whisky there.
When knight was recalled ne refused
to answer certain questions which he
Thought tended toward discriminating
himself, but Recorder Rossiter required
him to answer, which he finally did,
though a part Of the Information which
the city attorney was after was only Sc
cured by somewhat ctrcuitous route,
and after It was secured amounted to
The oity attorney then stated that he
realized that the prosecution had not
made out a case, and he could not ask
the fury to do otherwise than acquit.
which they promptly did. Then new
complaint was made out by Barry ana
the time for pleading set for next Tues
day at 10 a. m. at which time the case
against w. H. Thomas will come UP for
trial.
PYTHIAN BANQUET.
The Knights Of Pythias gave grand
BANQUET in K. Of p. hall last evening to
The Rathbone Sisters. During the busi-
ness session which occupied the begin
ming Of the evening. Mrs. ]. L: Lancaster
and ]. G. Rossiter were initiated into the
order. The rooms were PRETTY decor
men sat down to the repast which con-
sisted Of cake, coffee and fruit. Just
before tho banquet Judge Rossiter
made q happy speech, speaking of the
character and services OF Captain
brown Of the local order. He compli-
mented the captain upon his energy In
securing the success Of the Pasadena
order in the Santa Monica encampment,
when they were awarded the banner.
Music was furnished by Schillinger's
orchestra for the dance which followed
the banquet. Among the guests was
Captain Adolph OF the Los Angeles order.
MONROvIA ROAD RACE.
a great deal Of interest L. manifested
In the road race to Monrovia tomorrow,
Saturday. which starts ct the corner Of
Marengo avenue and Colorado street at
1888. The scratch men start at 10:40.
The entries and handicaps are as fol-
lows:
VIM. Delany.
Thirty seconds-o. Rodrisues, J. q.
6andstrom.
One minuts-M A. Williams. W. L.
Garrison. .sI
one and one-half minutes. A. 10
azar. Ed g. dc Rene.
I Two minutes-M. A. Hill, Winfield
Wilson, A. F. Van Arnum. Ross B. de
Two and one-half minutes Arthur
Taber, Arthur Dickerson. L. 8. Ander-
son.
Three minutes-E. r. Northmore, W.
4. Endter, L. 8. Benjamin. r. H. Gay
lord.
Three and one-half minutes-E. Jay
mes, Dean Cromwell. A. Woodville. o. H.
Wright
Four minutes-Harry Wiley, Will
Kasling, Will Matthewson. w. Brother
ton. F
Four ana one-half minutes-James
Hoover, C. G. Wilkerson, ARA A. Cross
ley. p. J. Norman. G. jackson, G.. II.
Ellis, r. Howard.
Five minutes-H, K Kleclkner.
The place prizss are. first. Crescent