Los Angeles herald., 1905-12-12
ANGELENOS WIN
LEGAL BATTLE
KEE? HIGHWAYMAN SAFELY
CAY IMPRISONED
Attorneys Mecomas and Mccormick
Vletors in Notable Habeas Corpus
Case Which Was Argued
at Sacramento

Through what is considered among
lawyers to be one of the most brilliant
executions of legal case in the his
tory of western litigation. Assistant
District Attorney G. G. McComas and
Deputy District Attorney Paul Nc
Cormick have not only brought fame
and renown to the Los Angeles county
district, but have won a victory in a
case which is the first of it's kind in
the history of law.
A note was received yesterday morn
ing by Judge McComas from the clerk
of the third district appellate court at
sacramento referring to the case of
Charles Myrtle. This case was argued
on habeas corpus proceedings before
the court, several days ago, by Nc
Comas and Mccormick, and the note
received yesterday announced that the
decision of the higher court was in
their favor. AS a result Myrtle, who
is considered to be a dangerous Grim
inal, will be remanded to Folsom PEN
itentiary to serve out a life sem
tence,
The case is the first of its kind in
the history OF law" said Judge Nc
Comas yesterday, and we are naturally
gratified that the success should be
with our Office. The case came up
on habeas corpus proceeding brought
by Attorney f. II. Thompson, who
represented Charles Myrtle.
Went Prepared for Battle
1--WE were sent north by Capt. Fred
ericlxs, and as it was the first case
of it's kind we went fully prepared
When Myrtle came up for trial in
Los Angeles three years ago he pleaded
guilty to the complaint, and with a
man named Case was sent~nced to
life Imprisonment in Folsom.
He went there and started to serve
his term, and several weeks ago we
were notified that his attorney had
sworn out habeas corpus proceedings
on the ground that the original COM
plaint had been defective in that it
neglected to state to whom the stolen
property belonged.
The proceeding was certainly origi-
nal, and had they been able to es-
tablish their case Myrtle would have
been freed and it would have been
too late to file new complaint against
him, as the case has been outlawed
by time AS it is, he will not trouble
the public any longer
The crimes for which Myrtle was SEN
fenced We're committed in Los Angeles
three years ago. At that time many
hold-upS were perpetrated and the po-
lice seemed unable to cope with the
highwaymen.
Many people were robbed by three
men, who seemed to do their work
boldly without the slightest fear of
detection. A young man walking home
one evening with his mother ran when
ordered by highwamen to hold up his
hands, and was shot and killed.
Another man was killed near Uni
versity station by three men, sup
posed to be the desperate trio. Judge
IT, Fl, t,t,l1
wounded, and more than a score Of
people We're robbed, including e. f. C.
1<lokke, a prominent Los Angeles bust
ress man, and T.. Il. Powers, an at
torney.
Made Strong Arguments
Later Charles Myrtle, Case and
Kelly were arrested and charged with
a number of crimes. All had served
sentences before and were given eX-
aminations and held to the superior
court. Case and Myrtle pleaded guilty
TO the Klokke and Powers holdups,
and We're sentenced to life imprson-
ment in Folsom. Kelly was tried for
the Klokke hold-up. convicted and
sentenced to life. He is now in the
county Jail, while his case is being
heard In the supreme court.
Myrtle and Case were sent to Folsom,
and during the desperate Jail break
of a year ago, Case escaped and has
not been apprehended.
When word was received at the dis
trict attorneys office two weeks ago
that an attempt was to be made to Sc
cure Myrtle's release, preparations were
made to fight the proceeding to the
last. The petitioner, representing Myr-
tie, was acknowledged to have strong
case, and the states defense was put
in the hands of McComas, the old war
horse of the office, and Paul McCor-
mick.
The attorneys Immediately set to
work. Mccormick to prepare the briefs
and look up legal points and McComas
to argue. When the lawyers arrived at
Sacramento the attorney general gave
one look at the mass of papers brought
by the local attorneys and then stated
his intentions of leaving the states
side of the proceedings safe In the
hands of McComas and Mccormick
The case lasted several days. and
every judge of the third district was
on the bench From statements from
the north, the briefs are said to have
been classics in their line.
The combination of McComas and
Mccormick proved too strong and now
the two legal warriors are receiving
the congratulations OF their friends
and the commendation of the district
attorney