The herald., 1897-01-31
THE PARkAURST CASE
The Mcdowell Case Up on
an Appeal
DEFENDANT GRANTED A NEW 1RlAl
A Case of Justices Justice at
Santa Monica
IMPORTANT FEDERAL SUIT
Affecting a Part OF the Town Site OF
Needles
An Attempt to O big Jim" Out on
Bail
An Attempt to ct "Big Jim" Out on
Bail
An Agents Power Misunderstanding
Underwear From Necessity-Com-
mission on the Hotel Vincents
Furniture Bill-Court Notes.

What has popularity been known as
| the "Parkhurst test case" has been de-
cided, on appeal from the police court.
The decision of the lower court has
been reversed, and a new trial granted,
on the ground that the defendant was
entitled to a jury trial, which was de-
MED to him.
The charge upon which ]. E Mcdowell
was tried was that of viola ting the mid
night closing ordinance of the city. 1t
was included in tlla long list of cases
worked up under the auspices of the
Parkhurst society, by Rev. c. c. Nc
Lean and other members of the society
Mcdowell, by his counsel, demanded a
jury trial and it was denied him by the
court. The trial was prosecuted and
he was found guilty. An appeal was
then taken from the judgment on sew
eral grounds, the most important, how
ever, being the denial of a jury trial.
In rendering his decision yesterday.
Judge Smith dwelt with some particu-
larity upon certain of the legal questions
involved. Preliminary to this, however,
he stated that the court had been wait
ing for the city attorney'5s office, whose
business it is to attend to appeals of this
nature, to throw some light upon the
case. In the absence of any informa-
ton from that quarter. and no authori-
ties having been furnished, he thought
the case ought to be disposed of.
The question involved was the right
of defendant to a trial by jury for an
infraction of a city ordinance. 1t was
the judgment of the court that the de-
fendant in a case of this kind is entitled
to trial by jury.
The court referred to the case of eX-
parte Wong Yue Ting, which went up
to the supreme court from his own de-
partment. In this case the defendant
was charged with pHacticing medicine
without a license, under a statute of the
state. He was tried, jury being de-
MED, and upon appeal to the supreme
court it reversed Judge Smiths decision.
Commenting on the ruling of the su
preme court, Judge Smith stated that
in this case the supreme court had gone
very fully into the whole subject, and
made it very plain that they hold the law
as expressed in the penal code. provid
ing that in all criminal cases where is
sues of facts are to be determined, the
defendant is entitled to jury trial.
In his ruling in the Ting case he had
followed the Whitney act, by which it
had been sought to give police magis-
trates in certain classes of cities the au-
thority to dispense with jury trials in
certain minor offenses. But the su-
preme court took different ground, based
mainly on the assumption that the
Whitney act was unconstitutional, and
was not to be upheld in regard to denial
of jury trials in these cases.
In that opinion Judge Smith further
stated the supreme court had referred
| to "a San Jose case as determinative of
| the Ting case. The San Jose case was
| one where the defendant was charged
! with violating city ordinance with ref
| erence to obstructing sidewalks. In
this case the question involved only a
! city ordinance and not a general statute.
and the supreme court stated that the
| Ting case presented much stronger
case, because it was under general
| statute.
The court thought it very plain that
| the supreme court does not regard the
| Whitney act as coming to the relief in
any manner of party who asks for a
| trial by jury in these minor cases. In
| the San Jose case Chief Justice Beatty
wrote an additional opinion to the main
| one taking even stronger ground than
the justice who wrote the main opin-
! ion.
In view of the rulings of the supreme
| court, Judge Smith held that as jury
! trial had been denied Mcdowell, it was
! manifestly an error and called for the
| reversal of the judgment, a new trial
| being awarded to the defendant in ac-
| cordance with his petition.