The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-09
A BUNGLING JURlST
ERRoR OF A MoNRovIA JUSTICE
AT LAST CORRECTED
THE COMPLAINT NOT SIGNED
Important Decision by Judge Allen
Affecting Titles to Land and IN
derground Water Flow

AS predicted last week. Bud Lewis
charged with malicious mischief, was re-
leased from custody and the charge against
linn dismissed by Judge Smith yesterday
because Of the gross carelessness and over
sight of one of the defective arms OF the
law.
Lewis was arrested on July 18th at the
nstiration of John b. Nichols Of Arcadia
who alleged thst Lewis was maMc.ousiy
DESTROYING his property. Nichols visited
Deputy District Attorney Williams early
in the month of July and explained to him
that in March he rented Lewis small
ranch at Arcadia, and that the latter had
agreed to clear the property of brush and
fix the place up generally. There were
some tall gum trees on the ranch, and he
had given Lewis permission to cut some Of
them down II they interfered with the fruit
trees.
A few weeks after giving the ranch over
to Lewis he was surprised on passing by
to see that most of the gum trees had been
taken down. Upon invest gation he found
a man in the act Of cutting am other He
was very indignant and asked the man
the trees. The latter replied that it was
Lewis. Nichols Informed the man that he
must stop work. as he would not allow
any more trees to be taken out All the sat
isfactian he received was a reply which
conveyed the meaning that he (Nlchols)
could mind his own business
This did not tend to smooth Nichols ruff
fled feelings, but, on the contrary. added
r; Il
stopping to see Lewis and secured COM
plant charging Lewis with malicious mis-
chief Mr.. Willis drew up the document
and gave it to Nichols, and told him to take
1t before Justice C. F. Cooke Of Monrov.a
and acknowledge his signature. He took
1t before Justice Cooke, but that gentleman
did not require Nichols to sign it, but issued
q warrant on the unsigned complaint and
Lewis was brought before him.
In the examination no one represented
the state and Lewis did not have an at
tcrney. In the record Of the examination
there was nothing to indicate that Lewis
waived an attorney, as is required to be
shown by law. On this point Judge Smith
said he would grant new trial, but added
that he wanted to hear more about the COM
plant.
The examination, which must have been
q very ppy-go-lucky sort of an affair, re-
suited In Lewis being found guilty and sem
fenced to pay a fine Of $50 and spend 120
days in the county Jail. In rendering the
judgment Justice Cooke committed another
error by specifying that in default of the
payment of the $50 fine the sentence would
be increased fifty days.
1t also developed yesterday In the
copy Of the testimony taken at the exam
nation that Nichols and Lewis were the
best of friends up to the time of the pres
ent difference, and therefore a compla mt
charging malicious mischief was amb gu
Gus, as there was 10 malice shown. Judge
Sm.ht asked to see the complaint, and
clared It no complaint at ALL and said that
Lewis had never had a trial and even If
the complaint had been signed he was
doubtful Of the merits Of the case.
Mr.. McComas said he thought it was a
case of rural justice. where the splinters
and bark Of the primal forest had never
been pla ned from the bench Of justice. He
added that there was an important fact
left out in the argument, which he wished
to add. He said that demurrer had been
filed to the complaint by sage-brush at
torney stating that the complaint did not
state facts sufficient for a cause Of action
and that 1t was In direct violation to the
state constitution. The latter objection
caused a general laugh, in which the court
joined.
Judge Smith replied: I'VE had better get
this thing out Of court before our law and
morals become warned"