Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-02-24
THE IMPEACHMENT CAS-.
TIE SUPERIOR JUDGE OF CoLUsA
COUNTY ON TRIAL.
Charges and OBSERVATION-DISCLOSURES of
the Evidence offered Before the
Investigating Committee.
SPECIAL prrorr TO THE arooRD-uMos.I

SPECIAL REPORT TO THE REooRD-uSIoS.I
4 lew days ago the REooRD-UNIoS readers were
informed that proposition to impeach Superior
Judge F. L. Hatch OF Colusa county had been made
by the fling of charges and specifications, which
were submitted to the Assembly. Thereupou the
Speaker appointed committee, consisting OF
Messrs. Mathews, Bost, Leake Del Vale and Crit
fth, to investigate the matter. The three first
named gentlemen went TO Colusa on the 18th in
slant, and on Monday the committee sat in the
Courthouse at that place for the purpose OF hearing
the testimony offered in support OF the charges,
which, stripped OF legal verbiage, are as follows
First-That on or about the ID day Of April, 1880.
the Judge as grossly intoxicated while IN the ds-
charge Of his official duties, in this that in the
matter Of the estate of James MtchIm, deceased,
a case then pending In his Court, the Judge made
order Of publication Of notice to creditors when
he was so intoxicated and thereby incompetent to
properly perform his duties such Judge. Second
On about April IS, 1880, in the matter of the
petition for habeas corpus in the Fred Miller case,
he was so intoxicated as to be unable to properly
perform his duties. Third-On or about the 4th
day of September, 1880, in the habeas corpus case
of Stephen finnegan, when application WAS made
for his release said matter having been heretofore
argutu and submitted ana taken under amusement
until said day he was then intoxicated, and the
had be postponed, to the continued incarceration
OF the defendant. f0uGth-On or about SeptemDe
t. 1880, in the case of Montgomery vs. Spect the
Judge so intoxicated as to be unfit to properly
hear and determine the case. Fifth-0n or about
october 3 1880, in the case of the People vs.. Sul
van the Judge was too much intoxicated to prop
erly instruct the jury when that body came into
Court forfuTther instructions in the matter. Sixth
The Judge is habltually incorporate III the Of
alcoholic drinks and narcotics. Seventh-Durine
his term as Superior Judge he has been approached
by litiSant soliciting favors in his Court and favor
able decisions have been rendered by him in re
Spouse TO such solicitations.
The announcement OF the proposed impeachment
being intended created intense feeling throughout
| the county, and the town was well filled by the
Judges friends, who came from all portions OF thu
county 10 render MIN any assistance needed. The
| Courtroom was crowded day and evening
The committee met at A N. on Monday, and the
| case was formally opened, Messrs. Wharton Bridg
ford and Harrington repre- senting the prosecution
and 10 Hamilton, j. Hatch, and Messrs. May anC
| Balm appearing for the defense.
The committee ruled that evidence must be con
| fined to acts committed within the term the Judge
is now serving (rom 1850, and further, that all dis
| puted points should be submitted to the committed
without argument.
Jonas Spect testified as to specification l, that hi
| went to the Judges house on or about April I'd will
order for him to sign, in the case OF the estate
| Mitchim, deceased. Defendant came into thu
room at the solicitation OF Mrs. Hatch (his wife,
| He was drunk Knew it by his flushed face, un
| steady walk, and other indications. Had seen hin
drunk often. He asked the Judge to sign the paper
| Showed him where to sign his name. Did not be-
leve he knew what he was signing. Cross examined
| The paper was correct the business was don't
promptly and properly. Was certain the Judge was
| drunk. Had no unkind feelings toward the defend
ant.
| In rebuttal, Mrs. Hatch, her son and daughter
testified directly the reverse-drectly contradictins
Mr.. Spect. The Judge explained that lie had beer
very unwell, and was when called lying on the sofs
| reading law book. He was not under the infiu
| ence of liquor, but very unwell
The second charge was dropped for the time an(
the third taken up Mr.. Bridgford, attorney, ties
| titled that in conducting this case the Judge wa
drunk. Knew it by his flushed face, general ap
pearance, etc. Believed he was under the influence
OF liquor drugs and not in that condition from il
| health. Thought him unfit to decide on the merit
| of the case The case decided rightly never
theess. Have seen the Judge drunk as many
| three times during the year. AT this time he no
ticed the Judge lean heavily on the banisters il
| leaving the room.
was supported in the denial by members OF the ba
| who were cognizant Of the case. The Judge her
| stated that he had eaten some peaches which dis
| agreed with him F.; that he had been suffering iron
| acute diarrhga, and had taken burnt brandy suga
and morphine combined, for relief. This was cor
roborsted by several Witnesses
Mr.. Wharton testified on this charge that tn
| Judge was, in his opinion, drunk.
| Inc Judge eNpldlDSQ IildV, from u fractured Inn
and general debility, he was nece; sariy compelle
to lean the banisters in ascending or descendin
the stairs.
Considerable time was occupied i'll examining thi
char. e, but no further important testimony was OF
| fered
Upon the second charge-Che Fred Miller case
Mr.. Harrington testified as to the condition of tn
Judge while the argument was being made in tn
| case. He drunk, under the influence {
narcotics He knew as far back as 1876 that tn
Judge was morphine eater; had heard he took q
much as ten grains at dose. He further testifie
that in the OF Montgomery vs. Spect, he argue
| the demurrer before the Judge, who seemed stupid
sleepy and inattentive. Thought he was under til
effect OF liquor or narcotics Kindly spoke t
Judge, g Ii YOU are unwell, we had better postpon
| the case until to morrow. Judge replied, Go on
sir; 90 on, sir. hear you Then some moment
after the Judge reused himself, and exclaimed
| '1ou ought to have more respect for the Court
Thought he was unfit to hear and decide on tn
merits of the case. On cross eXamination he sal
the case was decided. When at himself the Judg
gives the closest attention; had only kind feeling
for him. The business of the Court had always bee
promptly and properly conducted. Did not recoe(
that the Judge made minute OF all the authorize
| cited
Mr.. Dyas, the opposing counsel in the case test
fled that, in his opinion the Judge was drowsy an
rather stupid. Smelled liquor on him. Heard Hal
ripgt0n ask the Judge tn postpone the case. Til
| Judge said, GO on. | hear YOU" Would nc
| swear whether the Judge took notes in the cas-
OF the authorities cited. Thought he was affecta
by indulgence in liquor. He did render decision
the next morning. When the argument closed h
said, % I'll take the papers" and he did so, decidin
the case the next morning correctly. This witne:
was examined at length regarding the matter of til
! impeachment but the evidence elected had no beal
ing on the charge.
j. Ring present during the argument referre
to- Thought the Judge vas under the influence
liquor
J. A. Wharton was also present, and thought til
Judge intoxicated
Har aoaiu eNpl1iupd Ub1 he of
postpone the case thought the Judge drunk dl
it with the kiudest motives. General Hamilton sus
gested that perhaps the cOunsefs eioquence and nc
LIQUOR had stupetied the Judge. Jonas Spect sai
the Judge rendered prompt decision in his favor
the case involved great pecuniary interests ha
never objected to Judge Hatch's trying the case
can tell when the Judge is drunk; have frequent
seen him so.
VIM Frazer, attorney at the trial, thought til
| Judge abOrlng under ditfculties-the influence o
| liquor Think he kept memorandum Of author
ties cited, but witness thought that for the dignt
OF the Court he ought not to have been there Ha
doubts whether he at that time capable of di.
charging his duties. Was an opposing candid {
before the Democratic Convention. | did say
Steve AddingtOn that Judge Hatch's decisions stoo
the test Of the Supreme Court the best OF any Su
perior Ju ge knew of that he the best law
yer in the State. ! say so now. did say | RI
GREETED the case bad gone so far.
Mr. Bridgf0rd testified as to the case of the Pee
pie vs. Sullivan l. Kenna. The case had been nj
gued and submitted; the jury retired, and agai
came in for further instructions. / thought tn
Judge too much intoxicated to give the instruction
| properly; repeated himself and was diffuse an
proX. The jury was correctly instructed, but in
very outre manner. Thought HIM intoxicated
| The Court reporter notified to take down tn
charge. The charge taken from the reporters note
was then read and Offered as evidence.
J. c. Dual. attoney-Was counsel for defendan
in the case. He thought the Judge drunk at tn
! time the jury returned
T J. Hart-Was District Attorney at the time
Thought the Judge was not himself. The Cour
held that fatal defect existed between the alIega
thought was wrong think SO still. In the da
time he was all right but that evening he was moi
This witness closely crosse ,amined regardin
certain remarks he had made concerning the in
parchment case, but no new light was thrown O
the subject.
The afternoon session was occupied with the test
mony of j. Leining and Others regarding the charg
of habitual intemperance.
BIr. Leining testified that he had seen him drum
often during the last year. Had seen him drunk o
the bench since he had been Superior Judge-sinc
he had Joined the Good Templars. Do know tina
he is much behind on his calendar His reputatio
on the bench three or four times. He seemed to
Indifferent to what was going on during those per-
| ods-partly asleep / could tell his condition bt
cause have seen him drunk often. Saw hir
| drunk four weeks ago near Mckaig's Office. Can
II case day or specification when he was drunk o
| what members of the bar were present. Could nc
tell whether drunk from opiates or liquors though
the latter. Was Justice of the Peace. Judge ha
decided case against me. Am Recorder. Hav
| been oyerruied by Judge but that is not the caus
of this testimony. am friendly with him-got hill
II l.