Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-03
ALLEGED MIsPRAcTIcE.

Last week negro man named j. G. Jack.
son was arrested for an assault. In the
Police Court the next morning his case was
continued. At a subsequent session of the
Court he was convicted and sentenced to pay
fine of $50 or be imprisoned in the County
Jail. No order was issued for his release.
nor was the sentence in any way modified.
The prisoner, however, was seen at liberty
on the street, and Judge Henry hearing of it,
had him brought into Court yester-
day to explain the means through
which he secured his liberty. He was
greatly surprised at the action, thought
his release had been legal, and made de-
tailed statement of his treatment by J. I'll.
Duffy, who acted as his attorney. His state
ment to the Court was substantially as fol-
lows: On the morning when the defendant
first appeared in Court the case was contin-
ued, and as he left the Courtroom he was
approached by j. IL. Duffy, who advised him
to employ an attorney and volunteered to Sc
cure the prisoners release for so, but if a
conviction was effected no charge would be
made. The proposition was accepted, and
Duffy soon after called on jackson at the
place where he is employed and obtained So
from him. Afterwards he got 81 30 from
HIM, and then sent Constable Swift with an
order for IS, but jackson refused to cash it.
Thenfollowed the conviction and incarceration
of Jackson. After he was locked up he sent
word FOR Duffy to come and see him or suffer
the consequences of an arrest. Duffy did call
upon him that night, told him that he had
secured stay of proceedings for sixty days
and appealed his case to the Supreme Court
and promised to secure bond for his release
h..r 4 he, Il 1 I
to pay the fine. Before leaving. however.
Duffy demanded more coin, and failing to Get
this he got Jackson's watch, which it was un-
derstood would be pawned to swell the fee.
Duffy the next day did present a
bond and secured the release of Jack
son, though the latter has not since
been called upon for more coin, neither
has he seen Duffy or the timekeeper. It
seems that Duffy did present genuine bond.
the sureties on which were good, according to
the District Attorneys statement and Sc
cured the prisoners release by satisfying the
officer IN charge of the prisoner that the case
was on appeal, and that the bond had been
fixed, when in fact such was not the case, nor
had anything been said in Court about his
bonds. Judge Henry informed the prisoner
that the sentence pronounced was just, and
would not be altered. He also said that the
defendant had been shamefully imposed upon,
and for the present no order would
be made in regard to him. Judge Henry
also asked the opinion of attorneys Ander-
son, Buckley, Brown and Clark in regard to
what should be done. Each of them said
that if Duffy had been guilty of such prac-
tice he should be excluded from the practice
in the Court and punished severely. l. S.
Brown addressed the Court in positive Ian
guage ia regard to Duffy and his manners in
4 s
ing that he had no right to practice, and If
he had license it would be quickly annulled
and he should be debarred from practice
in the Court. Judge Henry finally decided
to take no further action in the case until this
morning, at which time Mr. Duffy has been
cited to appear for the purpose of making a
full explanation. 1t is understood that he
will appear and take issue with the state
ments Of Jackson in regard to some of the
particulars, that he asserts his ability to ex-
plain fully in regard to the case, and that his
version will be satisfactory.