The herald., 1898-12-17
CLOUDS ARE BREAKING
ATTORNEY HUGHES MAY ESCAPE
PROSECUTION FOR LARCENY
MIDNIGHT RIDE TO RED0ND0
Looting of the Unique Saloon at First
Alleged-Gradual Diminution OF
the Evidence of Crime

The charges of petty larceny preferred
against Sam Sweitzer and ii. j. Hughes, an
attorney, were both set for trial yesterday
before Justice Young. Hughes case was
to have been heard at $3.50 a. M, but ar
ranrements were made for its continuance
to next Wednesday, his attorney being de-
sirous that Sweitzer should be tried first.
Accordingly Sweitzer faced the music
al 2p. m, and told about that midnight ride
from the city to Redondo with Hughes after
the sale of his interest in the Unique saloon
to his partner, L. w. Alexander on Novem'
ber l5 last. He admitted that he took
quantity of whisky away and about 80 IN
currency from the safe, but disclaimed the
wholesale looting of the premises.
Hughes testified substantially to the same
effect, claiming that he went with Sweitzer
in pursuance with his instructions from his
client, Alexander, for whom he had nego-
tiated the sale of the interest held by SWEET
ger in the saloon He said that he did not
enter the building himself and that was
practically the only divergence between the
stories told by the two men.
When the charges against Hughes were
first presented, it was alleged that cigars
and liquors were taken in considerable guam
titles from the saloon and $50 in cash,
Hughes and Sweitzer dividing the booty.
When first examined, the amount of cash
taken was alleged to have been $35, and yes
terday the shrinkage to S5 made the case
appear similar to that OF the famous 1hree
Black Crows
The fattening out of the evidence was so
pronounced that the district attorney
moved that the charge against Sweitzer be
dismissed. That against Hughes will be
considered further. Mr.. Williams, how
ever, stated to the court that so far as the
evidence went, Hughes was acting under
instructions from Alexander and was au-
thorized as his attorney to go to the saloon
by day or night, as he might elect. Ii any
articles were taken by Sweitzer the former
was there as Alexander's attorney and in
his behalf was clothed with full authority
to allow Sweitzer to remove anything
agreed upon. He was inclined to dismiss
both complaints, but finally decided to de
lay for day or two to see what if any in
eliminating evidence could be mustered.
The disbarment proceedings at first un
dertaken were dismissed some days ago by
Judge Van Dyke, who held that to strike
Attorney I1uSutS uduc lloHl tIS LUIS loi
such an offense could only be done after his
conviction by regular process. The right
to trial by jury could not be denied to any
citizen accused of such an otfense, and II
Hughes had gone to Redondo in the manner
stated and participated in thefts alleged
he was guilty of burglary and ought to be
convicted. The court, however, could not
presume his guilt and proceed arbitrarily
to deprive him of the right to practice in the
courts of the state until he had been afford
ed an opportunity to make his defense
The burglary charge was not preferred
a complaint based on, the lighter offense of
petty larceny being substituted for the dis
barment petition and now this is likely to
be dismissed.