Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-05-18
is point here. That record made up four
teen days after trial ought to have been out

is point mere. That record made up four
teen days after trial ought to have been out
of the Court then on appeal.
Mr.. Barbour here closed his testimony.
Mr.. Murphy moved for a continuance in
order to produce McCarthy's file in Court,
and show that the ordinance was published
on the 18th 1.-THE day of the missing supple
mentl. He could not say as fact that the
Recorders file is false, but there being no sup
plement in that file for the 18th. he thought it
material to produce Mccarthy file and show
the truth in that regard.
GETTING TANGLED.
Mr.. Barbour said it would make no differ
ence if the proof was here as the Supervisors
record show fatal defects, and that the or
dinance as amended was not published as re-
quired after amendment.
After sharp debate between Chief Justice
Morrison and Mr.. Barbour, the Court an
nounced that it would give time to bring the
original file from San Diego.
Mr.. Barbour-Well, the way it is going the
prisoners term of sentence will be out by aid
of combinations before this case is over.
Mr.. Murphy-We did not bring him here.
Justice McKinstry-It can all be avoided
by waiver as to the original publication, to
which you do not, you say, attach great i'm
portance.
Mr.. Barbour-Well, 1 will waive it.
Mr.. Murphy now propose to prove that
the ordinance proved in Court.
Justice McKinstry-Prove the argument
also. Why not, gentlemen. Merriment.l
Mr.. Murphy don't do this in a trivial
spirit.
Justice Thornton-You have a right to
assume the Judge acted according to law l
suppose that is the law
Mr.. Hughes was recalled, and identified the
records of the Court and the transcript of
testimony, showing that the Police Court
swore S. w. Foreman as witness, and by
him the ordinance under which Kearney was
convicted was proved
Chief Justice Morrison-fthe Judges all
smiling)-Is the testimony closed now?
Mr.. Smoot-No, sir not yet. More posi-
tive smiles by the Bench.) | now offer the
statement made up, certified to by the Police
Court as settled to be used on appeal, and by
it we propose to show by the statement the
Judge made in the method pointed out by
the law, that the fact of the ordinance being
proved was considered and the matter passed
on by Court of competent Jurisdiction.
MIR. Murphy-An appeal was taken to
Court of final resort and that Court affirmed
the judgment. The point as to the ordinance
being published was point in the case, and
was determined, and that determination is
binding on this Court
Justice Thornton-That is an important
matter in this case. You have given us an
authority where a contrary view was taken.
Mr.. Murphy do not think the Court
understands our view
Justice Thornton-We do understand it,
sir. We ought to at least. We have had it
beaten into our heads for two days, and
ought to understand it now, if ever.
Mr.. Murphy = Certainly the authorities
holdt our view.
Justice Thornton-Yes; one case you re-
fer to is strong that way.
Mr.. Murphy-Does your honor understand
it as we do?
Justice Thornton = do understand.
comprehend it. The other Justices are visi-
bly, amused l have the most complete
comprehension of your view. Warmly.
[ may say | understand every part of it, and
nothing you can add will impress it more
deeply on my mind. L assure you 1 under.
stand it. More merriment.
Mr.. Murphy did not intend to imply
that your Honor lacked
Justice Thornton-I. will be very hard to
make me think or hold that any man can be
convicted and punished for crime declared
by law that is void-when that is shown
or that any Court can by its Judgment seal
the record so that it cannot be inquired into
on habeas corpus or otherwise as to there
being no crime.
The Court admitted the testimony offered, 4
and it was put in.
Chief Justice Morrison-We will now give
you half hour on each side, beginning at 9
o'clock tomorrow morning.
Mr. Barbour cannot read the extracts
in that time.
Chief Justice Morrison-It will not be nee.
essary. This case has now taken nearly three
days of time.
Mr.. Barbour-Judge Lake spoke all one
afternoon, nearly. l may wish half an hour
on the point not yet touched by me, that the
Supervisors of SAP Francisco had no power
whatever to pass the ordinance under which
the prisoner was convicted and held.
Chief Justice Morrison-You must present
your case in
Mr.. Barbour might boil it down after
fashion into half-hour of time, but
Justice McKee-Well, if it is necessary to
take up the point you make, the Court can
then determine if it will give more time.
Chief Justice Morrison latter consultation
Gentlemen, beginning at A. NJ. tomorrow,
you will be given one hour ON each side in
which to conclude this case on argument.
At 4:35 p. NJ. the Court adjourned until
A. NJ to-day.