The herald., 1898-01-28
JUSTICE RI cHARDSON'S ACTION
sPATTING OF ATTORNEYS IN
THE BIRD CASE GOES ON
Judgment Against the San Francisco
Chronicle Reversed-Price OF
Meals to Be Reduced


the old man j. w. Hilton and the ac-
ouittal of his murderers by the justice
of the peace upon preliminary examina-
ton.
IT is the misfortune of Calabasas to be
settled very largely by men who have
suuatted on unsurVeyed lands. Ihe
lines have not been drawn in many parts
of the country, and are ill-detined in all.
AS a consequence bona fide settlers are
conspicuous by their absence, Whlle
toughs and rowdies of all kinds hold pos
session at the point of gun. The motto
which every one down there seems eager
to live up to is the old and well-Worn
one of King Dick: My strong arm be
my conscience, the sword my law. The
fact that Justice Richardson set Cald-
we'll and Harris loose, on the undemable
showing that they had deliberately shot
old man Hilton, makes it appear with
moderate cearness that his idea of law
is much the same as that of the hunch-
backed monarch.
But behind it all lies an interesting
story, and as the case is bound to arouse
wide interest later on, it is just as we'll
that the connected facts in the case
should be known.
Through old Hilton's property ran
road that, by continued use on the part
of the public, had become to be regarded
as public road. In very fact, however,
1t was not a public road, and Hilton de-
sired to close it up and enjoy the use of
the land in his own way. But he did not
desire to be hoggish, and, with the con-
sent of his neighbors, built another
road, the course of which was a detri
ment neither to him nor any one else.
The neighbors We're satisfied, and for
nine months the new road was used. the
old one closed b. Hilton-some of the
neighbors even assisting him to close
it-and the dissension that at one time
had threatened finally allayed. But
when the winter rains came the new
road was washed away, and with curl
Gus ideas of what would be just and
proper in the premises, the neighbors,
instead of repairing the damage done.
wanted Hilton to rebuild the road and
keep it in repair Failing that, they an
nounced their determination to reopen
the old road. George Caldwell and j.
It. Harris were loud in their mouthng
as to what they proposed to do. and
thereupon Hilton said that "he would
kill any that forced his way
onto his premises" That announce
ment as to what he would do was made
by Hilton on Friday. and on Saturday
Caldwell and Harris armed themselves
and started over to open way through
Hilton's premises. The detailed facts
in this connection have already been
given by The Herald and only in brief
est outline is allusion now made in order
that the later action of the parties may
be illumined.
Old man Hilton was shot and killed
while defending his premises against
trespassers. The charge injured Hli-
tons left hand and then passed into his
body through the groin. That one per-
tinent fact tends to confirm the state
ment' of the murdered mans wife that
her husband when killed was standing
with his left hand by his side. while
holding his gun in his right hand, the
butt resting upon the ground. The
widest Imagination could not interpret
such an attitude as resembling a threat
against the lives of Caldwell and Harris
The plea of self-defense is negatiVed by
the passage of the murderer's charge
The spirit that animated both Caldwell
and Harris was shown when. after their
victim had fallen to the ground. they at
the point of their guns kept Mrs, Hilton
from lifting the head of her husband.
She had by roundabout way to go some
distance to obtain help to remove the
dead body into the house.
When Coroner Campbell held the in
quest upon the body Justice Of the
Peace Richardson was chairman of the
jury. That jury, in returning a verdict
found that old man Hilton met his
death at the hands of George Caldwell
who fired with intent to kill and we
find j. T. Harris an accessory before the
fact" The men, upon being arrested.
as result Of the verdict re-
turned by the coroner's jury, We're
brought before Justice Richardson
for arraignment, and upon setting the
date for examination he held the men in
$1,000 bonds. Under Sheriff Clements
told the justice that he could not fix the
defendants bail at any such figure. but
the justice had his own idea as to the
matter, and maintained that he could
and would. only after it had been
shown to him positively that murder is
made by the law an unbailable offenge
did he run his pen through the amount
of bail, and the defendants We're re-
manded to the county jail.
On Wednesday the preliminary ey-
animation of Caldwell and Harris was
held before Justice Richardson. The
testimony was, to all inteuts and pur-
poses, the same as that submitted to The
coroner's jury, only in more elaborated
form. Upon this showing this country
Dogberry dismissed the defendants ON
the ground that they had acted in self
defense. The finding was the result
either Of such gross ignorance. or bare
faced corruption, upon the part of tho
sitting magistrate, that Deputy Sheriff
Barnhill, acting at the behost Of Assist
ant District Attorney Williams, at once
placed Caldwell and Harris again undet
arrest. Yesterday morning the deputy
sWore to u complaint in the township
court wherein the men are charged with
murder. Upon being arraigned, their
examination was set for Monday next.
Upon being re-arrested at Calabasas,
the unruly element breathed forth VOWS
Of slaughter against the deputy sheriff
E.X Justice Of the Peace Newell, who had
defended the men, proved to be a most
proficient Biblical scholar, and his pic