The Placer herald., 1857-03-28
San Francisco Matters.

SAN FRANCISCO SHERIFF.-Judge Free
lon, as County Judge, decided, GU tho goth
inst the motion made on behalf of Char
les Doane for an order on David Scannel
to deliver over the books and papers of the
Sheriff's office The matter is one which is
creating considerable interest in the city
and county, and this decision is therefore
important. Judge Freelon remarked that
Scannel's counsel held that the present in
cumbent had an absolute and indefensible
title to the office for two years when elect
ed lie was of opinion that he had title
to the office only for such period as he
should comply with the law regulating
that office He had gone into Office un-
der certain conditions, one Of which was
that he should be dispossessed, under certain
circumstances, which had happened. The
Judge regarded the holding Of the office as
sort Of contract Scannell had failed to
comply with the conditions of that contract
and the County Judge was required by law
to grant an order Of the kind asked for
as well as he had been required, for form
er occasion to declare the office vacant.
Judge Uager, Norton and Shattuck agreed
with him in his view of the case. Judge
Freelon thereupon directed the order to issue
but on the application of Scannells coun-
sol granted a stay of proceedings until
Tuesday next An attempt will be made to
have the action Of the County Judge re-
viewed by the Supreme Court, though tho
majority of lawyers here think that the mat
ter is final here.
The case of Thomas S. King, for an as,
sault with a deadly weapon with intent to
do bodily injury upon Frederick A Cohen
came up, but was postponed, on application
of the prosecution, until Wednesday the 25th
inst.
On the 18th the Court room was crowd
cd, and considerable interest was manifested
The District Attorney, Judge Lake, and
Col. James appeared for the prosecution,
and Judge Duer and Mr.. Tingley for the
defence. When the case was called the
counsel for the prosecution showed that f.
A. Cohen, the prosecuting witness, was alb
sent in Sacramento, and that Sem Frank
lin, another witness for the prosecution, was
at Martinez Subpnnas for these persons,
issued yesterday afternoon, by the District
Attorney were returned, not served, on ac-
count of their absence from the city. Counsel,
tinued over for the term. The counsel for
the defence strenously opposed a continu-
ance, claiming that the prosecution knew
their witnesses were going away, and had
in fac: procured them to 90 away, so that
the case might be postponed, and the de-
fendant subjected to annoyance. They pro-
ceeded to say that their witnesses were
present; that it had been understood that
the case was to come on to-day, and
that the prosecution could easily, had they
so desired, have had their witnesses pres
ent They had expected that the witness.
ses on the part Of the prosecution would be
absent, and therefore, themselves subpenaed
them on Monday. Subpenas for Cohen
and other witnesses, on the part of the pros
ecution, issued by the defence were exhibit
ed, and it was demanded that the case
should proceed. After considerable discus
sin, the case was finally adjourned over un-
til the next term of the Court, which com
mences on April 9th next.