The herald., 1897-02-19
CURIOUS POINT Of LAW
j. L Laird Playing the
Part of ProdigaI
ANOTHER Damage SUIT FOR $4,000
A Wife's Jewels Estimated in
the HeiIbron Suit
A REPUDIATED ART SALE
A Sealed Verdict Returned in the Welsh
Damage Suit
"Water Rats" Attempt to Burglaze Ship at
San Pedro
The Plaintiff Rests in the 0aneri Sutt-Ihe
Kelley Divorce A Case OF Mis-
taken Identity-Court
Notes
A Sealed Verdict Returned In the Welsh
Damage Suit
"Water Rats" Attempt to Burglaize Ship at
San Pedro
L. j. Laird. jr., is playing the part of

L. ]. Laird, jr., is playing the part Oh
the prodigal son. and playing it well.
Since leaving the we'll appointed home
cf his parents in Georgia. he has seen
something of the seamy side oil me-
has passed his time in more or less riot
Gus living and is now ready to return
to the home, and reassume the ties OF
family which he did not appreciate.
But he cannot do it, for he mas to
fill an important role in the Part OF the
prodigal before he can appreciate the
.fatted calf" that may be killed for him.
He has to eat of the husband eat
them for one year in the states prison
at San Quentin.
The case of Laird is a curious one
He was charged, tried and convicted of
having forged the name OF A. B. Clark
to a check which he passed upon Cline
Bros, the grocery dealers. Yesterday
he was brought up in department one
of the superior court for sentence, but
his counsel, Attorney Harmon, argued
on the motion for new trial
The main contention of counsel was
that the court had committed error in
admitting the testimony of the two wit
nesses for the prosecution who bore the
name of A. B. Clark, one a resident of
this city and the other from Hollywood.
Counsel pointed out that one of the
chief elements of forgery is the exist
ence OF the person whose name has
been forged and it is for the prosecution
to show this. Conceding that Laird did
write the signature on the check-a con-
de for er1t
ever-the prosecution failed to show that
1t was a forgery of any person > sigma
ture. On the other hand the testimony
showed that when Laird presented the
check he stated that he had gotten it
from A. B. CLARK of Pasadena, for whom
he had worked. and in order TO prove
that Clark of Pasadena had not signed
It, the prosecution had put Clark from
Hollywood and another Clark of this
city upon the witness stand TO say that
The signature wasn't theirs and they
had no deposit with the bank upon which
the check was drawn.
Counsel was curious to know what
kind of proof was that which-in order
to show that man in Los Angeles had
done mething-required that another
man should be. brought from San Fran
cisco to testify that he knew nothing
about it. Detective Steele had testified
that he had searched the city directory
and the great register and had failed
to find anyone bearing the name of
A. b Clark of Pasadena. But even
accepting that to be true. and that
Lairds statement was falsehood, it
only went to show that A. B. Clark of
Pasadena was a mythical parsonage,
the name upon the check mythical
one, in which case the charge of forgery
would not lie. albeit that of passing a
fictitious check" would
Judge Smith conceded that the case
was hedged in by difficulties as a re-
suit of the peculiar definition in the code
of forgery as distinguished from
passing fictitious check. He stated to
counsel that the point was one to go
to the supreme court upon. and the lat
ter replied that he would be very pleased
to see the case taken up. but by the
people. Without dogmatizlng in the
matter, the court decided to overrule
the motion for new trial and Laird
stood up for sentence.
Defendants counsel reminded the
court of the jury's recommendation to
mercy and Laird also entered his plea
that he had already been confined in
jail for six months This volunteered
statement was rather a detriment than
otherwise, for Deputy District Attorney
James at once informed the court that
Laird had been held in San Francisco
for three months on another charge
and had only been confined here for
like period of time
After giving Laird some fatherly ad-
vice the court sentenced him to one wear
In San Quentin. AT this the bravado
that had upheld the defer dant gave way
and, burying his face in his hands on
the table in front of him, he sobbed