The herald., 1896-12-17
ton of the case before him at $3.50 am
tp6nv
PICKENBACH IS DISCHARGED.
Justice Morrison Renders His Decision
in the First of the Parkhurst Cases.

Justice Morrison Renders His Decision
in the First of the Parkhurst Cases.
Police Justice Morrison yesterday ren-
derec his decision in the case of the
People VS.. Charles Pickenbach, the first
of the Parkhurst cases to be tried, Or
dering that the defendant be discharged
and the complaint against him be dis
missed, for the reasons set forth in the
following decision:
1.-THE defendant in the above entitled
cause is changed with having sold to one
), w. Rall q certain spirituous liquor,
to wit, whisky, between the hours or
II o'clock midnight, December l, and .
o'clock &. IT. of Wednesday, December 2,
1896, III the Olive saloon in Los Angeles
city.
",rhe evidence in the above entitled
case shows that the complaining witness,
j. w. Ball, and one H. S. Ryder, went
into defendants saloon two or three
minutes before midnight; that the lights
had all been eXtinguished except one
electric light, which the defendant al
always kept burning during the night;
that the defendant had removed his sa-
loon garb and had his coat and hat on,
and hao closed UP the rear doors of the
saloon and was all ready to close the
saloon except locking one OF the double
front doors; that the complaining wit
ness and Mr.. Ryder asked the defendant
when they first came into the saloon
for the toilet; that he defendant un-
locked three doors and showed the par
ties the closet. that they went into the
closet and remained there until after Il
o'clock: that on their returning from the
closet they went up to the bar, and Mr..
Ryder asked the defendant for some
port wine and Mr.. Ball asked for beer;
that the defendant then suggested that
if they had dysenterry blackberry bran
dy woul1 be better for them, and that
they said, All right; give us blackberry
brandy and beer that after they had
drank the brandy and beer the COM
planning witness ordered flask of whis-
ky, which the defendant gave him and
received in payment therefor the sum
of 25 cents; that during all this time
there was no one else in the saloon;
that after the complaining witness and
Mr.. Ryder had procured the flask of
whisky they left the place. and that the
defendant closed his saloon.
"All the evidence in this case shows,
or tends to show, that the defendant was
ready to close his saloon before mid
night, and that he would have closed the
same had it not been for the acts of the
complaining witness and Mr.. Ryder. 1t
also shows that whether the witnesses
for the people intended to deceive the
defendant or not, the defendant believed
from the actions ana appearance of Mr..
Ryder that he. at least. was in distress,
and acting upon that belief he gave them
blackberry brandy instead Of port wine
1t might o. claimed that the sale of the
whisky was not an act of humanity;
but the sale of the whisky. the sale of
the brandy and the beer was really but
single act $50 far as any intent can
be imputed to the defendant), the time
being so shortly after - o'clock, and
from ali the other facts in the case the
court feels that there was no intent on
the part of the defendant to violate the
ordinance in question (and without the
union of action and intent there is no
offense) and for this reason the judg-
nlent Of the court is that the complaint
be dismissed and the defendant dis
charged"
This is the second of the cases which
have come TO naught, twoymore besides
the Madam Van case having been par
tally tried and continued for further
evidence. viz. those of Rudolph Schultz
and j. Il, Mcdowell. Owing to the fact
that the entire day was consumed in the
trial of the Madam Van case the hear
ing of Adam Maussnest, which had been
set for the afternoon hours, was contin-
ued and reset by consent for Thursday
the 24th inst. at p M Maussnest was
not ready for trial In any event, his at
torney being absent in San Francisco
on business.
The continuation of the Schultz case
is set for this afternoon. but will prob
ably not be reached on account of the
matter now on triat