The herald., 1896-03-30
KAUFMAN CASE DISMISSED,

I
|
KAUFMAN CASE DISMISSED.
Attorney Moye g. Norton Creates a sensa-
tlon at San Bernardino.
The case of Kaufman vs. Sheriff Hol-
comb and Constable West, which was on
trial in the superior court of San Bernar-
dino county during the past week, came to
a sudden end Saturday. The denouement
caused much talk, and Attorney Moye G.
Norton, the cause of the sudden termina-
tion of the case. received many congratula-
tions for his clever work.
| The case of Kaufman vs.. West ct. al.
| excited much comment in the newspapers
last December. when l.. Kaufman, "a we'll
| known Los Angeles merchant was arrested
| in the city of San BerDartlino OH suspicion
OF having committed IL criminal offense.
Mr.. kaufman Ia a ccnsumptive, and by
| advice of his physicians abandoned his
| business in Los Angeles, and with an able
bodied assistant toured the country with a
large stock OF samples, in the hopes of
| improving his health by the rough and
! rugged travels in the open air. Arriving
| in San Bernardino. the wagon of morchau-
| disc was safely housed, and Mr.. Kaufman,
! filling a small valse with samples of
| cutlery, which was carried by his assistant,
| proceeded to the center of town 10 do busi-
ness. While crossing the & street bridge
he was taken with violent fit of cough
| ing. which in his emaciated condition (he
weighed 81 pounds) so weakened him as
to prevent him from proceeding on his
way. 1t was in this plight that he and his
| employee were arrested by Constable
| West, and notwithstanding his protesta-
tons and warnings, as we'll as his
request to be allowed to secure identi-
tication, was hurried TO the county jail,
where they were eearched, relieved of
all their valusbles, and locked up with
lot of hardened criminals awaiting trial,
-nv<
Bernardino Jail to the Santa Fe depot,
placed on the train and transported to the
city of Los Angeles, where they were again
incarcerated by Detective Goodman and
Chief Glass in the city prison. They were
released that same evening, the authorities
having been convinced of their grave mis-
take.
When the panel of twenty-five jurymen
who had been summoned were examined
at the trial last Wednesday, a most singu-
lar state of affairs was developed. Accord
ing to law, when the sheriff is interested in
suit, it becomes the duty of the coroner to
summon the jury, for the furtherance of
justice. Notwithstanding this, however,
among the panel of jurors present and
returned, there was not one who was not
an old and intimate friend of one of the
defendants.
cured, Wednesday afternoon. Court adj
journed at 5 O'Clock. To avoid the intro
ducton of his evidence, Mr.. Norton talked
against time until o'clock, consuming
the remainder of the afternoon in his state
ment of the case, at the termination of
which court adjourned.
Thursday morning when court convened,
the courtroom was crowded. The attor-
neys for the defense, with the exception of
their leading counsel, Mr.. Anuabei. were
all present, anxious for the fray. OF the
prosecution. however, Attorney Norton
rv<.vH< sok- ~-u~
Houghton. ESQ.,, as we'll as Mr.. Kaufman,
the plaintiff and his Witnesses. had all
gone to Los Angeles. Alter the jury had
been called, MIR. Norton rose to his feet
and said:
MAY it please the court, the plaintiff in
this case. under section 5Sl, subdivision
of the code of civil procedure, hereby
aban6ons his suit.''
The court, after referring to the section
cited by counsel, remarked: ut seems
counsel have this privilege; let the order
be entered"
defense excitedly remarked: "Well who
pays these costs and the jury fees?'
II am afraid,'' responded Judge Otis,
that the defendants will have to pay the
expense. 1t is the rule that the prevailing
party pays the fees.'
The defense held hurried consultation,
after which a continuance of ten minutes
was requested to secure the presence of
Mr.. Annabel, and incidentally to dig up
authorities to knock out the dismissal and
insist on the trial proceeding.
Mr.. Norton objected to any delay, but
finally, as an act of courtesy he con-
sented to continuance. and court ad-
Joutned for ten minutes.
After the intermission, Mr.. Annabel
having appeared, the proceedings during
his absence were fully explained to him.
He had just Qrasped the situation when
MIR. Norton arrived.
After some talk the defendants came
forward and paid the costs, and the case
was dismissed.
Subsequently Mr.. Norton paid the costs,
so that the dismissal would be no bar to
another suit. which will Immediately be
commenced in Los Angeles county.
Speaking to reporter of The HERALD
last evening, Mr.. Norton said: 1--WE gave
these people fair show; came to their
own county, and were willing TO abide by
the verdict of an impartial jury. We make
no charge against any one. In fact, The
jurymen in this case are all respected and
honorable men in San Bernardino, but it
was apparent to the most ignorant mind
that they we're not proper persons to de-
eide the question in controversy. We had
contemplated bringing q separate action
against Chief OF Police Glass and Detec-
tive Goodman i'll Los Angeles county, but
now, this action of dismissal being no bar.
we will simply join these people in the Los
Angeles case, where we can rely upon an
impartial verdict being rendered. | con-
slider our escape from an assured defeat as
one OF my greatest triumphs, and l can
boast of many
Mr.. Norton says he has received over
lures for compromise, but has as yet
ignored all advances.