Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-02-24

under the influence of liquor occasion IN the
evening-never in the daytime. The occasion re-
ferred 10 was the night Of political meeting when
George Knight and George t. Bromley spoke here
ITO General Hamiltonl Yes, it was Republican
jollifeltion probably, as it was Republican meet
ing Laughter.
Mr. Putnam testified Keep family grocery store
in Cousa Have known the Judge during the last
year Saw him when thought he was intoxicated
TO General Hamiton)- Did not know that he got
that way often
Jonas Spect recalled Have seen the Judge in
1880 several times-ten fifteen times, certainly
uring the month OF April las5 him in that sit
nation. Had a case in Court at that time Balm
came to me and asked ME to let the case go over
did so agree Cro General Hamiton)- These cases
all occurred during the daytime He was much
intoxicated that he could not walk straight
! will say that Judge Hatch make splendid
speech when he is drunk, but do not think he can
do Court business when in that condition During
1880 saw him several times when intoxicated.
At this point considerable sparring occurred be-
tween counsel relative to the last charge and spec
cation Counsel for prosecution claimed they had
witnesses TO prove the allegations made, but they
were in Sacramento. They would not abandon the
charge but would reserve the right to present any
evidence before the committee when in that city.
General Hamilton desired the names OF the expected
witnesses Counsel for prosecution refused TO dis
close them. Defense then asked for ruling forcing
the prosecution to give the witnesses names or
abandon the charge. The Chairman withheld a de-
csion until the evening session.
Mr. Athern was recalled. Produced his books
Showed that Judge Hatch had, during the year
| 1880 purchased, January 2lst, drachm morphine
January Goth, drachm March 26th l drachm :;
April 10th, l drachm; November 25tb, 10 or Is
Grains and on the 10Th like amount. These items
did not show how much had been sold for cash.
! Dr. Dare was recalled and produced his books.
General Hamilton objected to any further testi-
! mony on this point, as the fact of purchasing did
/ not prove the act OF using.
Judge Hatch asked that the objection be with
drawn, as he did not object to the evidence Would
| explain it all in due time.
The books showed sale OF Is drachms for 1851,
| not including cash sales.
| 5. r. Hart, sworn : Was present at the Miller
case saw Judge Hatch in front OF the Court house
| on April 18th. He was at that time intoxicated.
Argument was had here regarding the manner OF
| introducing testimony. Mr. Harrington, for the
prosecution, complained that he had been crcum-
| scr.bed and not allowed sufficient latitude;
| Mathews, Chairman, thought the prosecution had
been allowed too much latitude, and should cnni1ne
themselves to the charges in the order presented
jackson Hatch here explained that Justice OF
| the Peace and not Judge Hatch, issued the order
which it was alleged the Judge incapable OF
signing Mr. Hart continued Met the Judge on
| the street told him what was required. Judge
said he would go if he could We all went to
| saloon and got drink. Helped him (the Judge.
upstairs He could not ascend alone. Put him in a
chair and he signed the order. Dunlap, Miller and
Campbell were present. The order was for the ar
rest of Charles Wilsey. The Judge was very drunk
| This was at $3.50 P. NJ.
Here it was moved by the defense to strike out
all OF the testimony of witness, as he was not ties
| tifying to the specifications.
w. NJ Miller sworn Am stage agent saw
| Judge Hatch on the night in question Thought
he was very much intoxicated. 1t was four or hvt
hours after he had signed the order. 1t was ex
planned that the -Wilsey-had refused tC
bring F. Miller before the Court and the order was
one compelling him to do show cause.
The committee here decided to permit the evl
dence to stand as recorded.
Mr. Wharton recalled Parties came to him, ask
NIT.ra I
papers Judge Hatch with the party applying
| he was very drunk; did not transact any officia
business with him at that time.
Charles Wsey, sworn Was Constable at Will
Jams executed warrant from Sacramento arrest
ing Fred Miller; he discharged did not see
Judge Hatch at the time and don't know his condi
ton.
The papers referred to were here shown and of
fered in evidence the signature, as showing the con
dition of the Judge when he signed them.
This closed the prosecution, and the defense be
gan in rebutta of the charges.
c. Capp stage agent sworn Have known the de
| PENDANT many years. Never saw nm drunk ne'e
saw HIM take drink.
| Judge Hatch, sworn Am respondent in this case
The specifications read First charge grossly
intoxicated on April dds not true. was not in
toxicaed on that day as testified to by Jonas Spect
| was ill at the time | signed the order. My wife
was present and can substantiate my statement
The reason why did not date the paper is-m,
habit is to leave dates to the convenience OF thu
attorneys engaged. NV health had been very poor
and suffered terribly had the largest calenda
in the State outside the large Cities and was mucl
overworked could not be mistaken IN my rec j
lection ! was not intoxicated at that time.
Mrs. Hatch, wife of the Judge, testified: Tn
Judge was unwell, up stairs in his room, reading
when Mr.. Spect came for him to sign paper.
called him. He came down and entered the room
where Mr.. Spect was waiting, and he read an'
signed the paper He was not under the infiuenc
of liquor. | think my daughter was also present
l believe that Mr.. Spect was then locking for eyi
denceon which to base this charge and had the Judg
been intoxicated, would not have permitted min
to see or talk with Mr.. Spect. | would not, il
that case, have admitted Mr.. Spect to the house
The Judge was not intoxicated.
Mrs H. NJ Albert testified: Am daughter of tn
respondent. Remember date and circumstance
Was present Father was unwell-had been TO
several days, but not under the influence c
liquor. Saw him sign the paper He was up stair
| wing down, reading, when called. | am not mis-
taken. He had been at home all day, an
was sober.
This closed the testimony in rebuttal thi
specification.
of Judge Hatch. Have been District Attorney tw
terms. Was employed on the F. Miller case. Tn
Judge did the work required of him. and was sober
This was about 7 or s o'clock Did not see an
signs of intoxcation about him, ana should say h
was not intoxicated. saw him the morning follow
ing, when he transacted his regular business cor
rectly and rap dly. This was objected to by dc
! Tense as it included the third charge but was al
lowed) The Judge wrote the order while in bed
holding in his hand book on which the pape
rested, which accounts for any irreguarity OF pen
manshp. He was not intoxicated at the time A
this point Harrington said the prosecution woul
| admit that the Judge was sober the next morning.
j. Il. Samuels Deputy Sheriff, sworn On the oc
| casion referred to saw Judge Hatch ; saw no sign
of intoXication; saw him lying on the lounge read
ing book. Had been IN his. Office several time
during the day, and saw no signs Of intoxication
nothing wrong with him. He told me that he wa
i'll. j don't think he was under The influence o
LIQUOR | have seen him under that influence, bu
not frequently. On this charge, Judge Hatcl
stated that he had been using this remedy for acu
diarrhGa One pint of best brandy, six ounces loa
sugar, grains morphine, all burned together
from one to three tablespoonful at dose, tire
times a day. Was not intoxicated had drani
nothing but that preparation as medicine. Re
gardng his leaning on the banisters, he fractured
his leg in 1868, and it is hard work to descend tn
stairs even when he is in good health and h
always Jeans on the banisters for support
Am not addicted to opium use. Have taken tire
grains OF morphine at one dose, but never took tel
grains. To burlington Yes, | admit that us
morphine | told you that did You told me tina
YOU used choral bydrate, to straighten yourself VI
with after spree, and | admit that | have USE
morphine-but not habituaily. Much laughter.
| Mr. Harrington here disclaimed the imputation
in rather an excited and angry tone, denying tn
charge III toto.
| time Cannot be mistaken in this matter. The re
81 ondent cOrrobor tcd BY j. Hatch, ana rebutta
on this charge was closed.
Regarding Charge No. 4, Judge Hatch testified
He explained that on the Sd OF September, whsl
| Harrington was making the argument, he had beel
very cautious during the day-had treated him 9TH
Judge) IN manner he thought disrSspectful spok
in au insulting tone to the Court, saying: You n
sick amt YOU" or words to that effect, and 10
this he was rrproyed by the Court The Court tool
copious notes of all authorities cited by counsel
He (thc judge was as competent to sit the benc
that day as he was in his life.
G. W. Gaud sworn Am an attorney. Was pres
ent at the argument OF demurrer in the case 0
Montgomery vs.. Spect | certainly considered tn
| Judge then sober. Did not think he had beel
drinking at all. saw him before the argument be
gan. Thought so then.
MIR. Balm, attorney, sworn Participated in thai
argument. Thought the Judge was all right-wa'
sober
Crossexamned-I have seen him when he APP
peared more attentive | have never seen the Judg
under the influence of liquor. saw that the Judg
looked Il-nothing more. under specification 5.
II the Judge had been drunk should have seen it
The witness was cross-examined at length, but NJ
points obtained other than stated.
Mr.. Alberey, attorney, testified that he partici
pated in that trial. Heard the argument. Tn
Judge was s5ber, in his opinion. Remembers.
counsels remark, eli your Honor will give me
little more OF your attention" Believed the Judg
was a little sprung perhaps when the election new
was conf over the wires. (Laughter.l
One of the committee here remarked that he 90
full himself on that occasion. [Merriment.l
| The then closed under specification ant
opened under specification 5.
jackson Hatch testified to the sobriety of til
Judge on that day.
| ID. G. Brooks and G. d. Sullivan testified to tn
Judges sobriety. He was sober, far as the wit
ness could determine, and he present all day.
! Ln-a ,a1 81