The herald., 1897-11-02
District Attorney Lets Up
on Mcmahon
MANLEY GOES TO FOLSOM
BOYS WHO RAN OFF WITH A RIG
TO WHITTIER
"Col." Brooks Gets Judgment Against
Congressman Barlow-Suit
Lost Through Delay

Office, IN the case OF Danlel McMdHoI
who was discharged from custody last
Saturday in Judge Smiths court, has
brought to light chain of peculiar cir
cumstances which require some explain
alton. That Judge Smith was induced
to either give liberty to man guilty
of grand larceny or that McMahon's
companion, Albert Manley, was inno-
cent when he pleaded guilty and was
given a sentence of eight years in Fol
som prison on the 18th of last month, is
proved by the records in the case.
September 18th McMahon and Manley
were given a preliminary examination
in Justice Youngs court, on charge of
grand larceny. The evidence was to the
following effect:
]. w. Amey, a contracting teamster,
of 81 Alpine street, drove down Also
street early on the morning of Septem-
ber 3rd. He llitched his horse and bug
gy in front of Maloney's wagon shop.
at 1923 Also street, and went short dis
tance east to building, where he had
teams hauling lumber. Soon after he
saw his horse and buggy go past with
two men in it, whose faces he could not
see. They were headed for the Also
street bridge. He had not given the
men, who turned out to be the defend
ants, permission to take his rig; in fact,
had never spoken to either one of them
in his life.
About 10 o'clock that afternoon Will
lam Volkmore, blacksmith, saw the
two defendants drove into the play
grounds of Company c, Of the Whittier
State school, where he had his shop.
Manley was driving. When they got
close to him, Volkmore asked Mcmahon
whose rig he had, and Mcmahon replied
that it was his fathers. The two de-
PENDANTS then drove out into the coun-
try road and soon after McMahon drove
through the grounds alone and then
back to the county road.
Constable Woollomes responded TO a
telephone call from the school and, after
taking charge Of the horse and buggy
and Mcmahon, who was driving away,
arrested Manley for creating consider
able disturbance around the school.
Shortly after this Deputy Sheriffs White
and Barnhill came along, having been
on the track of the defendants, and the
whole outfit was turned over to them.
Mcmahon gave the name of John Nc
Carthy to White and said that his father
was employed by the Los Angeles Water
company. He volunteered the state
ment that the horse and buggy were
his fathers. He afterward said his name
was Carl Dively, and that his father was
working for the Pioneer Truck company
or the Los Angeles Transfer company.
He said then that he had paid IS cents
fOy, the ,,ca Of the horse and b,Iopv Ha
asked White to help him out and prom
ised he would never get into any other
trouble.
on a train. Mcmahon wanted to know
If they would get life"
Maj. Charles Renaud testified that
Manley had been in the Whittier school
and under him as a member of Company
c. The major said Manley's reputation
for honesty and truthfulness was good
in the school. Manley had worked in the
paint shop.
Defendant Manley, % years old, told
a frank story of having hired a rig on
September 2 at a stable on First street
near Los Angeles and of going away in
the rig with Mcmahon, about $3.50 or
o'clock, in the afternoon. They returned
about 1880 o'clock the next morning and
left the rig on Also street near the rail-
road.
Manley said he had worked at the Bay
district track and for Lynch & DeCour-
sey on San Pedro street, painting, after
he left the Whittier school.
Lynch had told him after his arrest
that a boy took the horse and wagon to
the stable after he tied the horse.
Manley said he was very drunk then
and couldn't remember much about
what he did, but remembered having
several drinks after he and Mcmahon
returned.
William Mcdonald, the liveryman ut
213 East First street, whose rig the
young men hired, said the horse was
black and the rig white meat wagon.
His man Joe had told him that he hired
it to a couple of peddlers and the boy
who brought it back the next morning
said he found it in the Plaza, a block
from Also street, where the defendants
claimed to have left it.
Defendant Mcmahon, for the first
time, gave his true name on the witness
stand, and said his home was at the
corner of Hill and Temple streets. He
rig to Whittier.
Neither one of the defendants could
explain how they happened to take
Amey's rig, although it was fully block
from where the boy found McDonalds
horse and wagon. Each defendant
claimed to have been so drunk when he
concluded to take another drive that he
mistook Amey's rig for the one they had
hired and had had out all night
Justice Young commented freely on
the evidence, saying, in part:
"The question is whether or not the
young men committed this crime of TAX
ing this property. They did take thi,
property; they took it from the place
alleged and they told conflicting stories
how they took it. Simply because they
were intoxicated cannot mitigate an of
Tense in this court so far as this exam
ination is concerned. They had no right
to suppose that an open wagon was their
wagon. Being under the influence of
liquor may he a circumstance in their
favor, but the judgment of this court is
that there is reasonable cause to believe
the defendants guilty"
1t will be seen that Justice Young did
not distinguish between the defendants
on the question of guilt. They We're held
to answer and arraigned together in the
superior court.
On the 10th Of last month Manley