The herald., 1898-11-01
CHARGE UPON WHICH A CHILD
WILL BE TRIED
PLEA OF NOT GUILTY OFFERED
Little Ricardo Machado Faces Judge
Smith With Blank Looks Of
Amazement

the number was the cause of the People
against one Ricardo Machado, that being the
time for the defendant to plead TO an infor-
nation charging him with the murder of
Eddie Schmitt.
The court room was packed with an au-
dience gathered through personal interest
in the Clark case or from morbid curiosity,
and all craned their necks, doubtless ex-
pecting to see some huge scoundrel emerge
from the throng and step up to the bar of
justice, there to enter his plea to a cowardly
assassination. No such person appeared.
Even the court was nonplussed. Peering
over the bench and gancing around the
the prisoner, Mr.. Bailiff? do not see him. -
Deputy Sheriff Marsh cleared the space at
the end of Clerk Logan's desk, and pushing
a diminutive little chap out into the arena,
responded Here he is, your honor. He
isn't very tall. Please stand back, gentle
men,"
There, beside the officer, the defendant
stood. Almost hidden by the table at which
sat the newspaper reporters and the law
yers, he could scarcely look with wondering
eyes up to the great judge in "the pulpit"
Smaller than the average newsboy, he
looked not more than or years of age,
and better suited to eating mush at his
mothers table or playing marbles in the
street than to appearing in court to plead
to capital offense, as charged in the in
dictment.
GLOW old are you, my SOM" asked the
judge, as he glanced bengnly over his spec
taces at the little fellow.
Thirteen" responded the boy, with a
bright smile, which lit up his round but
Bwarthy countenance.
1t was pleasant face that shone out of the
center of the crowded bar-not that of a boy
of bloodthirsty inclnatons, who would de-
ALL u. e L L.. '
of his age, il seemed improbable that the
child was so old as he said he was, but
there was an element of veracity in the coun-
tenance and the lads statement of his age,
though surprising, was readily seen to be
deserving Of credence.
Standing there like a child in the primary
grade in a Sonoratown school, clad in a
brown jacket, tightly buttoned to his chin,
and blue overalls, turned up at the bottom,
presented a droll but pathetic appearance.
Shifting his weight from foot to foot, he
gazed longingly out of the court room win
dows as the circus music in the distance
came floating in, and it was evident that he
was thinking less of his own deplorable con-
dition than of the zebras and camels, the gay
cavalcade outside, and the. caliope. whose
called him from the business in hand to
fond imagination of what he could not see
on the streets, save in his minds eye.
Deputy District Attorney McComas
stepped briskly forward, and confronting
the tiny bit of humanity, addressed him.
"Ricardo Machado,' said he, you are
charged by the district attorney of Los An
geles county in this information, No. 2644.
of the crime of murder, to-wit: That on or
about Sept 10, 1893, at San Pedro, You did
willfully, unlawfully, feloniously and with
malice aforethought kill and murder one
Eddie Schmitt, a human being. What say
you to this accusation, do you plead guilty
or not guilty?"
The kid did not appear to know that he
was the person addressed. The circus parade
was nearly opposite the court house, and the
chime of church bells was being tolled by
the painted lady who rode along in the pro-
cesson. The boys mind was with the
urchins in the street, and the bailif nudged
him, saying: Guilty or not guilty? Tell him
not guilty"
"Not guilty." murmured the lad, as he
turned his boyish eyes full upon the prose-
cutting attorney.
The formalities had been observed and the
cause was set for trial Nov. 2lst, Judge
Smith denying the motion of his lawyer for
the setting aside of the information on the
ground that the boy had been held on the
charge of assault to commit murder and not
for the more serious offense referred to in
the information. A demurrer. on statutory
grounds was also overruled, and the deputy
sheriff started back with the boy to the
Jail.
On the way over Ricardo begged to be per-
mitted to see the circus parade, and he was
taken out Just as the elephants went sham
bling along and the tigers put in an ap-
pearance. The lad was in raptures. He had
seen the parade and heard the music. AS
he went back to the Jail he expressed his
- l. - Il. Ill
fashioned on the Spanish idiom, that the
officer knew as he handed him over to the
jailor that the boy would lie awake last
night to muse upon the gay parade, without
thought of the proceedings in court or
fear of the consequences.
THE OFFENSE CHARGED
On Sept. 9th, in Happy Valley, six blocks
from the center of San Pedro, Eddie Schmitt,
the l2-year-old son of watchman in one Of
the lumber yards, was shot in the left side
of the head with 44-caliber Winchester
rifle. The bullet entered the brain of the
unfortunate boy, but for, some days it was
fatal. In the end, however, the tide turned
in the wrong direction.
Ricardo Machado, who had been with
young Schmitt when he was killed and who
had been arrested for assault with intent to
kill on the sole evidence of Watchman
Schmitt, who said he saw him point the
rife at his son, though not near enough to
find out the cause of what he believed to be
a deliberate and murderous assault, was held
on the more serious charge of murder.
Ricardo says he did not Intentionally kill
his playmate. Finding him wounded, he
went home, where he was found by the
officers. Being confronted with the charge,
he declared that Eddie was his friend, they
had always got on well together and he had
no cause for wishing him out of the way.
Slight as was the evidence of murderous in
tent, the grim avenger of the law was not to
be turned fram the pursuit of this tiny Of
fender, and 40 it Genes that the superior
court will be called upon to sift the mat
ter to the bottom.
The most that reasonably appears is that
the boy, like others of the human race who
are so often shocked to find the gun they
thought empty was really loaded, NAV have
carelessly pointed the gun at his companion
in moment of foolish sport, and. pressing
the trigger, inflicted wound which ended
fatally. Frightened when be saw his play-
mate fall, he ran home, boy fashion, to es-
cape blame for an act performed unwit-
tngly and unintended. No sane jury would
believe, unless positive proof was offered.
that the shot which killed Eddie Schmit}l
was fired with murderous intent by Ricardo
Machado.