Los Angeles herald., 1909-12-25
CASE AGAINST
YOUNG MEXICAN
IS DISMISSED
ATTORNEY ALLEGES ATTEMPT
AT "RAILROADING"
CONFLICTING TESTIMONY AT
GONZALES TRIAL
Young Man Who Accused Detectives
of Taking His Money Claims
His Arrest Is Result
of Spite


A CHAPTER in what is alleged to
II be one of the most brazen at
- tempts ever made to railroad"
a man into the penitentlary was en-
acted in Judge Willis department of
the criminal court yesterday when j.
Jose Gonzalez, a young Mexican, VISA
placed on trial before a jury on a
charge of burglary, the accusation, be-
lieved by Gonzalez attorney, S. S.
Sanders, to have been framed up, be-
ing that his client entered a japanese
barber shop conducted by NJ. Matsu-
mato at GIG North Alameda street on
November 29 and stole "a cents.
Disguised with the conflicting and
fiimsy statements of the witnesses,
Deputy District Attorney w. ]. Ford
would not carry the trial to the point
of closing for the prosecution, and his
request for a dismissal of the case was
granted by the court.
1t was Gonzalez second experience
in the criminal court. Several months
ago he was arrested by Felipe Tala-
nantes, a city detective, who preferred
charge that Gonzalez had robbed the
room of a fellow lodger. Gonzalez
spent several months in Jail before his
case came to trial. In the proceed
ings Gonzalez stated the detective had
kept a portion of the money found on
his person when he was examined at
the police station, and when the rec
ords of the property clerk were brought
into court erasures were discovered
opposite Gonzalez name, which
aroused the suspicious of Judge Willis
and caused the summoning to his
chambers of Police Captain Charles
Dixon and other persons who might
be in a position to throw some light
on the peculiar circumstance.
The case was disposed of in almost
the same manner as the one in which
trial was begun yesterday, a motion
for dismissal being granted after Con
zalez had given his testimony and cor
roborated it with the property clerks
records.
When Gonzalez was arrested No
vember 29 he says he was not permit
ted to communicate with Attorney
Sanders, and when he exhibited the
latter's card to Talamantes the piece
of pasteboard was torn to pieces and
thrown away. He conducted his own
defense at the preliminary examina-
tion, denying the statement of detec-
tive witnesses that he had only "a cents
in his pocket when arrested, but claim
ing he had 81 more than that sum.
Witness Mixes Facts
The Japanese whose barber shop it
was claimed had been robbed gave lit
tie material testimony in the trial yes
terday. Emelie Lopez, the first wit
ness to follow the Japanese on the
stand, said he was with Gonzalez the
day Of the alleged crime, but his tes-
timony was a mixture of contradic-
tions.
This was so apparent that, on one
occasion when Attorney Sanders pro-
tested against the questions being
asked by Deputy Ford, the latter de-
clared "All 1 want is to find out If
this witness can tell the truth"
IL Lopez had been coached concern
ing the testimony he was to give, it
was evident he had forgotten his in
structions. He located the barber shop
alleged to have been robbed on Com
mercial instead of Alameda street, and
when asked what direction Commercial
street took he replied, north and south.
Francisco Ruiz, a tamale man, failed
to remember anything except that he
saw Gonzalez enter the barber shop
and rifle the cash box. He was fol-
lowed by 4. f. Rico, a police detective,
who with Talamantes arrested Con
zales.
Rico said he and Talamantes saw
Lopez and the accused man at Ala
media and Also streets the day of the
alleged robbery and followed them for
several blocks until the separated at
Marchessault street and Sunset boule-
ward.
Gonzalez boarded a Moneta avenue
car and l followed in a Grand avenue
car said Rico. Il arrested him when
he reached the Temple block. 1 took
him to Sharishons pawnshop, but the
proprietor said he had never seen Con
zalez before. Talamantes searched him
at the police station and found "a
cents"
Arrested on Suspicion
"Why did you arrest him?" asked
Attorney Sanders.
ION suspicion" was the reply,
what was your suspicion?'
"The way he ran and 1 knew the
man he was with
"What We're you doing at Also and
Alameda streets?"
Walking west with Talamantes on
Aliso'
At the preliminary examination Rico
stated he and Talamantes were riding
on an Ostrich Farm bound car when
they saw Gonzales, and as Attorney
Sanders was about to call Rico's at
tention to this fact Deputy District
Attorney Ford interrupted the pro-
ceedings with motion to dismiss.
There is not sufficient evidence in
this case on which to base a charge
of burglary" said the deputy.
THAT is the way see it," remarked
Judge Willis, and ordered Gonzalez
release.
1t is claimed by Attorney Sanders
that Gonzalez last arrest was due to
the statements made by the latter in
the previous case, when he cast sus-
picion on the police department. The
matter, he added, does not end with the
release of his client, but will be called