Los Angeles herald., 1909-10-27
CHARGE
PROVED AFARCE
oUIRIN0 LEMON ACQUITTED BY
JURY IN THREE MINUTES
DE LARA, ACCUSED BY SAME MEN,
EXPECTS FREEDOM TODAY
Rico and TaIamantes Unable to Pro=
duce Evidence, and Pautz Says
He Only Saw Some
"SignaIs"


leased during the day. Owing to certain
changes which Inspector of immigration A.
c. Ridgway demanded be made, the bond
could not be executed and accepted yester-
day, hence the delay in De Lara's release.
The changes were of a technical character
and were necessary to meet the requirements
of the department of commerce and labor.
Funds for De Lara's defense are coming
in from all quarters of the United States,
and it is certain now that proper de-
tense will be provided.
1t took n jury in Judge FredericksOn's di-
vision of the police court just three minutes
yesterday afternoon to acquit Quirino Lemon
of the charge of resisting officer, pre-
ferred against him because of alleged acts
committed at the time of the arrest of l..
Gutierrez de Lara, the Mexican political
refugee.
Incidentally the acquittal carried
with it a censure of the methods of
some of the local police officers, among
them Detectives Talamantes, Rico and
Patrolman Pautz, better known among
the police officers as 1.-The Tramp"
owing to the fact that he assumes
tramp's disguise and haunts the region
OF shady ltinerants along the Los An
geles river, his chief prey being home7
less wanderers too weak to offer re-
sistance to his brutalities.
Judge Frederickson openly stated in
court that the testimony given by +.
J. Talamantes was prejudiced and
filled with personalities. The judge
more than once called Talamantes to
order for giving personal views, and
told him to keep strictly within the
facts and not to give any personal
opinions.
Libel Suit Crops In
Clarence Nelly and A. R. Holston,
attorneys for the De Lara Defense
league, who conducted the Lemon de-
fense, drew from Talamantes the ad-
mission that he and De Lara, and In
fact all of De Lara's friends and mem
bers of the so-called liberal party,
were not on the best of terms, owing
to the fact that about a year and
half ago he, Talamantes and 7. F.
Rico, had sued the liberal newspaper
for damages on a charge Of libel. This
case was dismissed, said Talamantes.
"Of course" he said, "I am not
prejudiced, but / was a little sore at
the time the articles accusing me were
published"
his brother Louis and Talamantes it
was sought to prove that De Lara and
Miguel Lozano, though not on trial
in any way, are dangerous men. The
most drastic thing shown against Lo-
zano was his belief in the theory that
every man is his own God, and that
there is divinity in man.
Against De Lara the anarchistic
charge was disproved absolutely ac-
cording to the attorneys They say
they are certain now that there Is
positively no ground upon which De
Lara may be deported, and they feel
confident he will be released within
twenty-four hours after the case is
presented to immigration Commits
sioner Keefe at Washington.
Meaning Seems Twisted
Rico testified that he took notes
during DeLara's speech on the Plaza,
October TO- When called upon to pro-
duce these notes he was unable to do
So He said, however, that he remem-
and quoted thus: 1.-THE two presi-
dents (meaning Taft and Diaz) will
soon meet in El Paso. There will be
meeting on Maple street to raise funds
to send two men to El Paso. 1t will
be a good time to fix Diaz."
When called upon to explain the
statement Rico f1oundered around like
a fish out of water, and finally said
that the word fix" might have been
misconstrued by him. The Spanish
4 word which Rico mistook for FIX"
means construct" Dozens of those
made his speech declare that what he
really said was this: "The two presi-
dents will meet at El Paso in a few
days. They will construct Cor arrange)
a treaty which will permit Mexico to
return political refugees and members
of the Liberal party to Mexico where
they will be placed in slavery. We
should send two men to FL Paso peace
ably to prevent this if possible"
Pautz Saw "Bad Signs"
Pautz admitted that he acted under
orders from Talamantes and Rico in
making arrests. He said he could not
understand Spanish, but believed it
was right to arrest Lemon because he
thought he had waved his hands in the
air and had said something in Spanish.
"rThe trial would have been opera
bouffe had it not been for the fact that
a mans liberty was at stake" said
Attorney Nelly ~eIt is a serious mat
ter to put a man In Jail and hold him
there for days without bail, and when
he is put on trial, have the hearing a
farce 1t looks to me like persecution
of the very worst sort and savors of
Russian police methods, not American
ism"
Deputy District Attorney Keetch
conducted the case for the people. He
tactly admitted, after the verdict of
not guilty had been rendered that it
said he was glad Lemon had been freed.
However, the prosecutor, in his argu
ment to the jury, seemed to forget
that De Lara and Lozano were not on
trial and that Lemon was.
Police Are Accused
In summing up the defense's side of
the case Attorney Nelly said that the
arresting officers should have been sent
to Jail and the speakers and others who
were sent to Jail allowed to go free, for
the police officers were the lawbreakers
and not the prisoners. Mr.. Nelly also
outlined the fact that Lemon was first
arrested charged with speaking without
a permit When this charge was found
by the police to be groundless it was
changed to disturbance. When this
charge was also proved groundless it
was again changed, and the booking
made "resisting an officer"
"This proves to me-" said Mr.. Nelly,
that the police were not seeking to
arrest an offender but to put an inno-
cent man in Jail for personal purposes
and to vent spite"
From the first moment of the trial