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TO HARRIS-PLATT The Case Comes to an End by an Order of Judge Ross. INDICTMENT QUASHED. Defending Counsel Pick a Hole in the Indictment, and the Defendants Escape. WERE ONCE IN JEOPARDY. Probability of Future Actio. ll.lng Tak.n and th. Aoens.d Ar raigned la tlie Sape j rtor Coart. The Harrie-Platt conspiracy suit haa had an unhappy termination —for tbe government. Keen - witted counsel picked a flaw in the indictment, and, on motion to dismiss, Judge Ross sustained the motion, tbe indictment was quashed •nd tbe two defendants went free. While this ends the matter, ao far as the United states court is concerned, it is possible that n new indictment may be drawn and the defendants rearrested •nd arraigned in the superior court. Whether the plea of once in jeopardy can be sustained,remains to be seen. Cer tain it is, however, the evidence will have to be stronger-than in the federal court to hold tbe defendants. Albeit tbe defendant* bad bad a previous trial, the evidence the second time was much weaker than on the first. Some of tbe teatimony for the prosecution waa curi ous, to aay the least. Daring the examination of Detective W. A. Bosqui, one of the officers detailed to bide himself in the room of Crandall.. •nd who saw the check, Mr. Bosqui could not recall any of the circumstances that had much of a bearing on tbe vase for the prosecution, and after a strong attempt by District Attorney Denis and Judge Rosa to get hia evidence, he waa excused. The next witness who testified waa J. R. Harria, the defendant Platt'a business partner in tha jewelry atore. He testi fied to Piatt having advised him to go and ace Crandall and to make tba propo aition tbat be would receive irom bim the incriminating document* in the pos session of Emil Harria. Piatt told bim that there waa $2000 in it for tbem both, •nd wben witness wanted to know where Emil Harria would get off in the transac tion, Piatt replied: "Ob.be won't be in it." Thia little arrangement witness did not acquiesce in. After identifying tbe letter* submitted in evidenoe aa being, to the beat oi hia knowledge and belief, in tbe handwriting of the defendant Piatt, the witneaa stated that tbe latter told him tbat "he (Piatt) waa playing Mra. Crandall and waa going to get come diamonda, etc., from her, and that I (witneaa) could work ber husband, and make a double-header of it." Witnesß was led to believe that if Emil Harris did have any documents in hia posses sion reflecting upon the character of Mr. Crandall tbey wonld only be used aa • lever to extort money from him. Nothing of interest waa elicited from thia witneaa under cross-examination. Tbe proeecution put forward Tbomaa A. Lewis, aaaiatant poatmaater of Los An gelea. He simply identified tbe offioial mark* of tbe postoffice department upon tbe envelopes which contained the let ters aent in pursuance of the blackmail ing echeme. Having done ao, the gov ernment rested its caee. SENATOR WHITE'S MOTION. Tbe court at tbia point granted a re cess for fifteen minutes to permit counsel for tbe defense to confer. Upon tbe re convening of court Senator White moved tbat tbe action be dismissed, aa effecting both defendants, and the jury be in etructed to acquit. In proceeding to argue tbe motion tbe aenator raised an ingenious plea. He contended that the indictment did not state facta conatituting an offense againat the United Statea, tbat in no place whatever wae auch an allegation made, and furthermore, that the facts act forth failed to dieclose that the defendant Harris had any knowledge whatever tbat the United Statea maila were being used. Keierrinu to the Revised Statutes of the United States, paragraphs 1440 and 5s p O, which refer to offenses against the postoffice department, Senator White proceeded to draw the distinction between the incidental using of tbe mail service by one of the defendants, and conspiracy, aa defined by tbe law; that such using wbb a part of tbe precon ceived scheme to misuse the United Statea mail. To fulfill the conditions re quired under tbe statute it was neceeeary tbat one of three essential things be done, and they are apeciftcally set forth : An intention to defraud, a deaign to open correspondence, or the taking of a a letter from the poetoffice. Ihe aenator contended tbat tbe only way in which tbe federal court got jurisdiction was in consequence of an offense being presumed against the United States mail department and yet tbe iudictment itaelf negatives the idea, for after setting forth the facts of the conspiracy the mails then were uaed •nd in an Incidental manner. "In order to show conspiracy between these two men," argued Senator White, "it is nec eeeary to show they agreed to mail par ticular letters, and in tbat way only can tbe federal oourt have jurisdiction. The other offenses are punishable in another manner." United Statea Attorney Denis ap peared to rest bis aide of the caae on tbe mere fact of the letters bavins; been deposited in tbe mails. He had diffi culty in satisfying the court, bnt claimed tbe phraseology of tbe indict ment v/aa a part of the act of congress, a id if anyone vras in fanlt it must ba congress and not connael. He contended that tbe wcrda uaed by Justice Field, in tbe opinion quoted from by Senator White, were need in one part of tbe act of congress, while thoae need in tbe in dictment wera made use of in another part of the act, and be could not be limited to one part alone. He reiterated that tbe aot constituting the offenae wai the depositing oi c letter in tbe United States mails. Io thie Senator White objected. "Then I oan't read English," re sponded Mr. Denis. The conrt, however, sustained tbe defense, again holding the misuse ol tbe postoffice to be an essential pert of tha scheme. Senator White fired the laat shot by aaying tbat tbe statute sets ont what must be done in pursuance of the scheme to conspire against the United Statea maila. The mere fact tbat the letter had been deposited, and tbe con spiracy alleged helped to ita consumma tion by tbe uae of tbe mails, did not negative his contention in the slightest. For tbe purpose of carefully pernsing he indictment, the court ordered an adjournment until 1:30 in the afternoon. THE INDICTMENT QUASHED. Upon tbe court reconvening at 1:30 Judge Roaa read tha following order which he had prepared and which ended tbe Harria-Platt caae, ao far aa federal conrta are concerned: "One of the conatituent elements of the offenae denounced by tbe atatnte upon which tbe indictment in tbia case is bated, ia the intended uae of tbe United States maila in aid or further ance of the fraudulent scheme. It ia, therefore, ataential tbat tbe indictment allege directly, and not inferentially or by way of recital, tbat the echeme in cluded the intended uso of tbe mail. United Statea va. Heia, 124 V. S., 483; 4 Fed. Rep.. 394; 18 Fed. Rep., 908; 29 Fed. Rep., 703; 46 Feb. Rep.. 42, 5(12; 02 Fed. Rep., "40. "From a careful examination of the in dictment I am nnable to find any direot allegation tbat the fraudulent echeme tbat the defendants are alleged to have devised, included the nae of the past office of the United Statea in ita aid or furtherance. It ie alleged in more than one place in the indictment tbat in pur suance of the alleged scheme to defraud tbe defendanta plnced and canaed to be placed in the United Statea poet office at Loa Angelea the let ter set out in the indictment, and also tbat the letter ao deposited waa to further and effect the object of tbe conspiracy, whioh ia alleged to be "to misuse the poatoffice eetahliebment of the United Statea by devising a echeme to defraud." In all of thia tbere is no allegation that tbe fraudulent ecbeme iteelf included the intended use of tbe United Statea mail, wnich element, aa has been eaid, ia an essential conatituent of the statutory offense. For this rea son the court is obliged to instruct tbe jury to render a verdict of not guilty." A JURY CALENDAR. A Good Order Tending; to Economy In Time and Honey. Judge York ieaued an order yeaterday having for ita purpose tbe aaving of ex pense resulting from the jury system at preaent in vogue. It will go into effect on January 22, 1895, on which date tbe firet batch of caae* will be act, and all caaea wherein juriea are required will be placed on a jury calendar and taken up and tried in tbeir order ac reached. Any caee filed too late to be placed on tbe January calendar will be carried over to the next term, March 2rJtb, when the new calendar will be made up. Heretofore, not infrequently, a jury haa bean aummoned in a civil action, wben it developed tbat tho parties were not ready, or ior aome other reason the trial could not be proceeded witb, yet tbe jurora having been in attendance claimed, and were entitled to, tbeir per diem and mileage fees, albeit their eer vicea were not actually rendered. Under the new order, if tbe parties to an action ebould not be ready to proceed, the next case on the calendar will be called and tried, and the jurors will tbua give tbeir aervice and tbe time of the court not be wasted. For rbeumatiem I have found nothing equal to Chamberlain'a Pain Balm. It relievea the pain aa soon aa applied.—J. W. Young, Weat Liberty, W. Va. The prompt relief it affordß is alone worth many times the cost, 50 cents. Its con tinued uae will effect a permanent cure. Foraale by Off & Vaughn, corner Fourth and Spring streets, and C. F. Heinze man, 222 North Main atreet, druggist*. If you have room* to rent try the Herald "want columns." Tbey bring results. Kregelo & Bresee, funeral directors, Broadway and Sixth street. Tel. 243, Drink Shasta Water, Woollacott agent. JOTTINGS. Millie Ohrlstlna le Bare, But for three days only—today, tomorrow and Saturday—and, in conjunction with Ariel, will hold afternoon and evening receptions at Ariel Palaceof Illusions, at 330 s. Spring st. You will not only see Ariel and the Statue turn to life, but bear Millie Christine sing wilh both mouths md see her dance on her lour feet—all lor 10 cents. Wagner's Kimberley. 15S N. Main, opposite old court honse. Specs and eye glasses a specialty. Fine watch and jewelry repairing. Also diamonds and hue jewelry at lowest figures. Wagner, the old re liable jeweler. Our Home Brew. Maier & Zobeleln's lager, fresh from their brewery, on draught In all the principal sa loons; delivered promptly in bottles or kegs. Office and brewery, 411 Aliso street, tele phone 01. Stop Paying Rent by Building Through the Savings Fund and Bnliding So ciety of Los Angeles. Monthly payments. Twelfth annual series now open. £. 11. Urasett, secretary, room 103 Wilson block, First and Spring. _ Mirrors, both French aod German plate, can now be had at a great saving on iormer prices. French mirrors, both plain and beveled; also beveled plates made to order. All work guar anteed. H. Raphael & Co., 440 S. Spring St. Orchardists, Look Out! Don't buy any trees until you havo consulted Jerome Caldwell, general agent Alexander dl Hammon'snurseries. Biggs, Cal. Otlice, Natlck house, Loa Angelee. The Finest Flavored Oysters In hulk and cans, 00 cents, full quarts; Hue, fat and juicy. Cans, 50 cents. Discount to hotels and restaurants. Fred Haniman's Mott Market. Fine Fruits and Vegetables. V Everybody says Richardson, Lowry Se Co., 109 E. First at,, have the nicest and clean?* fruit store in Los Angeles. Telephone 1378. Colmubian Coal. Try our Columbian lump coal, $3 per ton delivered to any part of the city. Hancock Banning, 130 West Second st. Guitar Lessons. Spanish method, rapid and progressive, by Prof. Arerelo, room 126 Wilson block. Dr. Parker, dentist, 1291, West First street 250 envelopes, 50c; '<. ream writing paper 25c Laugstadter, 214 W. Second, Hollenbeck hotel. Buy the Whitney make trunk and traveling bag, Factory 344 N. Main st. Wall paper bouse of the coast, 328 3 Spring Wall paper sc, 7; 3 c per roll. 328 9. Spring. LOS ANGELES HERALD: SATURDAY" MORNING. DECEMBER % !894. I San Francisco Board of Health, f I Royal, the Superior § I Baking Powder. I J! We, the members of the Board of Health of the jjr 5* City and County of San Francisco, cordially ap- & & prove and recommend the Royal Baking Powder It is absolutely pure and healthful, composed of S. 5? the best ingredients, of the highest strength and &T character. to £ In our judgment it is impossible to make a W ftL purer or stronger Baking Powder than the Royal S J: Jos. R. Davidson, M. D» |* Henry M. Fiske, M. D, '* t Chas. McQuesten, M. D.. „ T. J Letournex, M D. ?£. 5? Members San Francisco Board of Health? j& 1 An absolutely pure Cream of Tartar Powder. 8 1 o All other baking powders contain either alum or ammonia. | BOARD OF SUPERVISORS. Reoeptloa Committee Appointed to Ar range for Visiting- Supervisors. The board of supervisors yeaterday received a complaint to the effect that J. Kirby of Palmdale bad iispensed liquor in hia saloon on election day, and Kirby baa been notified in consequence to appear before tbe board on December 18tb next. The petition of a majority of the resi dent householders of Alosta praying tbat a water rate be fixed lor the aervice of the Alosta Water company waa set for hearing on December 18th. Tbe application of C. O. Cleverly for • saloon license at Burbank waa set for hearing on the 12th. A communication from M. J. Davidson et al. relative to the widening of the Cahoenga paaa road waa referred to Su pervisor Forrester for investigation. In reaponae to the invitation of the chamber of commerce, Supervisors For rester, Cook and Francisco were ap pointed a committee to co-operate with the chamber in making arrangement* for tbe entertainment of tbe vielting boards of supervisors from Southern California counties upon December 11th next. In reference to tbe petition of M, H, la Fetra et al. for tbe construction of • new road at Azuaa, A. R. Street, J. H. Walmaley and J. Boyd were appointed aa vie were and instructed to report to tne board. Supervisors Hay, Forrester and Fran cisco were appointed ac a committee to make a tour of inspection over tbe re cently graded roads in Compton, Enter prise and Florence districts and report tbereon. The board decided to viait tbe poor farm December 14tb. Use Angostura Bitters to stimulate the appe tite and keep the digestive organs In order. Dr. J. 0. B. Slegerl & Sons, sole manufacturers. At all druggists. Dr. D. l\ Diffenbacber, dentist, rooms 4ands, 119 8. Sp 'Ing St., LosAnge.es. Largest stock ol wall piper at Eckatrom's, 309 Main 3t. Right price—good taste. TALCOTT <& CO. Of New York, Permanently Located in Los Angeles, j The Leading Specialists for/ Diseases of MEN Exclusively. -"Jilv % Need be Paid iirJl „ : Medicine or Treatment W^^^^^^ \ *^W Unti | We cure You.^^^ We mean the above atatement emphatically—lt means everybody, and it is to show our sincerity, honesty and ability to cure these diseases, of which we make a specialty. We have the largest practlco in Southern California, acquired by skill and moderate charges Our Offices are the most elaborate and private in the city, and you need see no one but the doctors. We make it a part of our busi ness to deal in sacred confidence with our patients. L A BUREAU OF CORRESPONDENCE -eLX-tO constitutes a prominent feature of our practice, through which many Home! thousands of cases of chronic weaknesses are annually cured without hay — — ing to visit us for personal examination. Our book on the nature and treatment of these diseases, together with rules for diet, exercise and sleep sent free on application ; also our self-diagnosis sheet and our opinion as to the curability of the case. £VWii have abandoned the treatment of all diseases except those of a Private, Nervous and Chronic Nature of Men. We believe that we thereby attain the highest possible degree of success for the speedy, thorough and permanent cure of these peculiar cases. Every Form of Weakness, Acute and Chronic Discharges. We understand every feature of theae diseases and have every instrument and remedy known to make quick and permament cures, Every form of weakness, with their symptoms, which are too well known to repeat, cured and the victim prepared for marriage and life's duties. Chronic discharges resulting from bad treatment a particu lar specialty. Onanism cured in thirty days. Blood Taints, Varicocele, Hydrocele, Warts, Etc. Corner Main and Ttxii-cl (Streets*, q\ci Wells-Fargo Express Office. Private side entrance on Third St. Telephones—Office, 1309 , Residence, 126 W. THE RAUB CASE. After a Prolonged l..r«t Coateet Mrs. Sarah Keub Loses. The verdict in the ease of Sarah Baub vs. tbe Los Angeles Terminal Railroad company was given yesterday in favor of the defendant company. Thia oase ia of more than ordinary intereat, inas much as it bas been keenly contested from ita inception about 18 months ago. The plaintiff alleged that while en ronte to Los Angeles she, in attempting to alight from the cars oi the company at De Camp station, suffered lifelong injuries through the negligence of the ■ompany's servants. She claimed |17,500 in damages, and first brought suit in April oi last year. Upon the plaintiff's case closing, Thomas E. Gib bon, connael for the Terminal road, moved for a non-suit, which waa sus tained. Ths plaintiff carried tbe caae to the supreme court, and on a technioal point of law the case was remitted tor a re trial. It waa tried before Judge Van Dyke and a jury and occupied tbe at tention of the conrt flee days. From the teatimony of plaintiff beraelf it did seem as if she had been allowed tuffi. cient time to alight at De Camp, but her counsel rosda a good argument in ber behalf. Mr. T. E. Gibbon, counsel for the Terminal road, stripped the caae of legal verbiage and made a very can did atatement of fact to the jury, and E. L. DO HEN Y. Manager. J. A. CONHON, Snpt. DOHENY OIL CO. OlLjf- IN ANY QUANTITY at market prices. Satisfaction guaranteed. Our oil containa no benzine, naptha or other dangerous explosives. We furnish Maier-Zobelein Brewery, Los Angeles Cold Storage Co., Cuaahy Packing Co., and many other consumers, to whom we refer. Can be burned with any style of burner. Telephone 1472. Wells & Office cor. Douglas & W. State sts. was followed by his associate connael, Mr. C. W. England. Tbe verdict rendered for the defend ant company ia consequently not of so much interest on account of tha facts aa the bittertneas imported into tbe legal contest. 1.-.rt Without Bondsmen. J. F. Holbrook, wbo with Messrs. Jobnaon & Schroder of the Union Hard ware company, made the complement of bondsmen on Street Sweeper T. E. Hewlett's bond, withdrew from the same yesterday. Thia leaves Mr. Hew lett without bondsmen. His attorney called on members of the council yester day and asked that some conaideration be given Mr. Hewlett on account of these hustling eleotion times. It is probable, however, that tbe coun cil will take some action on the matter at ita next meeting, whether new bonds men are secured or not, and it is not im probable tbat new bids for the work may be called for inside of a few weeks. II the cure of the hair were made a part of a lady's education we shonld not see so many gray head., and the use oi Hall's Hair Kenuwer wonld not ba necessary. Wall paper, hung;, 10c roll 328 B. Spring. MARRIAGE LICENSES. William M. Anderson, Lou Angeles e3 Mrs. N. Warby, Sacramento 54 Ciatence W. Herr. Pa'adena 30 Helen McLlebn, Pasadena. 11) lACTM! If^, C. F. HEINZEMAN, I 222 NORTH MAIN STREET, PROPRIETOR OF THE OLDEST AND MOST RELIABLE DRUG STORE IN THE OITY OF THE ANGELS, HAS TO GO TO WAR. Cut Rates on Patent Medicines. New Old New Old Price. Price. Trice. Pries. Hood's Sarsaparilla.... «!»o $1.00 Castoria 250 I Ayer*s Sartaparllla «»e 1.00 syrup i :»\c SO,; Joy's Ssrsaparilla 05e 100 Jig* \ 7r, 0 $100 9 Paine's Celery Compound 75c 1.00 Pojd'e , j Hoc SOU D Cuticura Soap, per box M>o 00c Extract. j 75 0 $1.00 ft Pleroe's Disoovery 7. r >o 1.00 at. Jacob's OU 300 flOe M *ellows' Syrup $1.25 1.50 Meliln'e Food, email 350 BOc ra Allcock's Porous Plaster, 3 lor 250 Hsc Melltn'a Food, large 55c 75c E Scott's amulslon t'So 1.00 Vaseline. Blue Heal 5o 100 { Ay,r s Hair Vigor 650 750 Carter's Pill's 15n 25e I West's Nerve and Brain Treat- Ayer's Pins 150 ilSo 1 msnt ooc 100 Ceptialla. a positive oure ? Williams' Pink Pills «Oo ;>oo ior headache 150 '25c I Wlsard OU, small 40c 50c Cepha la a positive oure li Warner's Sate Kidney aud lor headache 35c 50c | Liver Cure $1.00 1.25 Wizard Oil, large 750 $1.00 i LOWEST POSSIBLE PRICES on all other artiolea belonging to H tbe drag business. Prescriptions pat np at my drug store are indorsed tj by the people, which speaks for itself. fl C. F\ Heinzeman, Pharirtacist. :] No. 222 North Main Street. H •j SAMUEL STEIN Sc 00., DISTILLBRB, RKCTIFIBRS AND WHOLESALE DEALER* IN WINES AND LIQUORS Sweet and Sonr Mash Whiskies in Bond or Tax Paid a Specialty. FAMILY TRADE A SPECIALTY. 100 N. MAIN ST., LOS ANOKLE3. DR. LIEBIG Sl CO.'S WORLD'S DISPENSARY The oldest, most sneeeuf ul and reliable si: s -naW* - sire SPECIAL DOCTORS FOR MKN n« trie 26 ClflC CoMt 'jj' e,ul>l j" n L ,d > ,n B * n 'ranelsoo lo*. The SPICI A I. MURGBON FROM THB HAN Wft WANOIBCO Or-'PICBS Is now iv chsrgo of Ihe \jexi&£ti>rafaal Los Angeles offices, so penons llTinu iv ./is J&|%^^nMß^P^ Angelas the benefH oi the same treat al ■ vatk l an'?Viiaosu'/VisEasks ofSikn. tut Ca.es curable guaranteed, no matter hnw corn- plicated oi who hss tailed. Our diagnosis WFrjf^fWriTtSlmmW. shestand confldentlai book far nian seni (re. 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