Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-08-15
ELoo nEnnE IN COURT.
Simmons Pleads Bis own Cause and Goes
for the scalps Of the scalpers.

~ a. 4 early muir g6SsSIuaJ hO.HinS Ho'sS
a larf. e number Of persons had assembled at
the Police Courtroom. A large portion of
tie audience were attracted there no doubt
by the action of the Polics Commissioners
during the past few days, and the bslligerent
attitude of the Chief. The City Attorney.
Colonel Starr and 1. S. Brown occupied seats
at the bar. Judge Henry smiled upon ali
those present, IS much as to ssy, am
satisfied with the course 1 have pursued In
this Police Commissioner controversy" At
exactly 10 o'clock the baiiif opened Court.
1. S. Brown presented an appeal bond in the
case Of J.. c. Chandler, who vas sentenced to
pay fine of $50 for maintaining nuisance
in Chinatown. The suretiss on the bond sre
George Rider and Daniel Gardiner, in the
sum Of $500 each.
AIr. Fitzgerald q farmer VINO lives in the
neighborhood Of Patterson station, came INFO
the city, took few drinks and brought up
in the station-houss. It appearing that he
was q hsId-workiup mar, and not addicted to
strong drink, and showing up good hand ne
was discharged. James Boone, farmer who
resides about two miles south of tie city,
pleaded guilty TO similar charge and was
let off in like manner. M. Sullivan wss
faed $40 for disturbing the peace, and All
"
jackson and stole SD 80 in coin. was held
for burglary.
w. j. Simmons, a colored gentleman, who
lately occupied the position of portsr in the
Office Of Governor StoneInan, WAS next ar
raigned on a charge of having obtained $500
under false pretenses from Nicholas King,
Assistant State Engineer. i. S. Brown APP
reared as counsel for the defense, and Sim
mons himself requested to be recognized by
the Court as associate counsel. This the
Court, on the suggestion Of the City Attor-
ney, refused to do, stating that one attorney
must suffice MIR. Simmons. Tbs latter was
immediately on his feet, and said ii the
Court held TO that opinion he would he his
own counsel, and as be thought he knew
mora about the case than did MIR. Brown, he
would dispense with the latter's services.
From the testimony Of Mc. King it appears
that he had known Simmons for a number Of
years, and had confidence In his integrity and
honor. That on the Dist of June Simmons
called to see him at his Office in the State
Capitol, and alter passing the time of day
asked how ne was fixed financially, saying
that he was very much in need of $500
loan that ne was receiving a salary of 500
per month, and would pay the money back
in monthly instalments of $50 each. The
story he told Mr.. King of his troubles was
pathetic in the extreme, the money advanced
and four Of Simmons promises to pay"
were surrendered for the coin. When the
first instalment became due the money
was not forthcoming. Then it was
that MIR. King discovered thai the
"hy man of promises had already
hvpothecated his time to others, and that
there was little or no chancs for him to re-
cover the money advanced. Simmons took
his seat ct the bar opposite the City Attor-
ney, whom he frequently alluded to IS his
learned opponent. While cr0ss.examining
the witnesses-W he did in a manner that
fully convinced the Court and all present that
he knew what his rights in the premises were
he exhibited considerable tact. As the
witnesses would vince under his vigorous
cross-exanination when he charged them with
being scalpers of official papers, a su 7pressed
smile was visible on the faces Of the Court and
audience. He said he had been assaulted
and Inisrepresentea by an evening pa
per in wsnton and ibelous manner.
He had not been able to get hold
of copy OF the journal referred to, but he
had been credibly informed by friend that
he had been tried by the paper referred TO,
and by them convicted of course. John
Kelly, f. 7. Dunn and Charles Dodge were
put upon the stand by the prosecution, and
were subjected to q searching cross-examina-
ton by the defendant. He used elegant
l6DkutEGs tcNIAtSo4 law kfIlilS anu JtiEahcSg
and handled his case with as much ability as
would practitioner of twenty years expert
ence. In his examination Of Mr.. Dodge he
used very strong, forcibla and ironical Ian
guage. He intimatsd that the witness, from
lus answers to questions, did not understand
the nature of en- oath that he was a sealper
in tie broadcast sense of the term, and that
this charge would not have been inside against
him had he consented to have proceeded with
Dodge against Mr.. Kelly for perjury.
Simmons took the stand in his own behalf.
He is very smooth and oily talker, Of good
presence. He stated that his salary at the
Governors Office was S100-S75 from the
State and S25 from the Governors coutin-
gent fund. His duties in the Governors
office were clerical. he had filed cut every
commission that had been issued by Governor
Steneman. He deniad each and every ale
gation made Ia the charges. He never had
any intention of defrauding any one. Salary
scalpers around the State Capitol are always
anxious to scalp any kind Of warrants. He
was 81 years Of age, had always held posi-
tiops Of trust and homer, and he proposed
now TO see that all parties 70 whom he is
indebted, no matter what is the outcome Of
this case, viii receive every cent he owes
them.
After TIE evidence was all in the City At.
torney offered TO submit the case without 81
gumsnt, Simmons objected to thus cub
uniting the case, and said he proposed TO
argue it. He said in MS opening argument
that his wss case Of peculiar hardship.
Sincs his Incarceration be had been refused
pen and ink and paper, and even denied the
light of day. He said he had not committed
the crime CHARGED in the complaint. He had
held positions of honor and trust both with
white and colored people. He know re was
not iafallible, but was positive thst he had
not intended or done wrong. He asked the
Judge to look st the testimony of the wit
nessss. Ia adversely we have no friends.
In his concluding remarks Simmons grew
quite eloquent. He was listened to atten-
lively by the Cogrt and bar, and his fippant
style psralyzed the reporters. He made o
strong plea TO the Court In behalf of his
family and destitute condition, and rounded
off his peroration with an original poem, in a
style that would do credit TO frst-class
rhetolician.
At the close of Simmons remarks tire
Judge complimented him for the admirable
manner in which be had presented his case.
but said from the evidence Disclosed in the
case he would feel it to be his duty to hold
him to answer to the Superior Court, with
bail fixed at $500.
INDEFINITELY POSTPONED. The Marysyille
appeal of yesterday says: The baseball match
between the Intrepids and the Eurekss,
which was TO have taken place on Sunday, is
indefinitely postponed. The Bee does not see