Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-01-13
The judge Explains.

An article appeared in the Bee last even
ing stating that one Luke Pierce, who was
arrested some time since and charged with
burglarizing the store Of the Misses Broth
ers, was discharged, while his " pal, " Harry
Lowe was sentenced to ten years impris-
onment The paper said: Luke Pierce.
who was held in the Police Court for the
same crime with which Lowe was charged,
and who was arrested in San Francisco
with a portion of the stolen property in his
possession, was discharged on motion OF
District Attorney Buckley, who stated that
the prisoner had been held simply that he
might appear IS q witness against Lowe.
Ex-Distlict Attorney Carey said that he
had been informed that the prisoner was
guilty Of burglary, and he had been so
charged. He thought ii a remarkable pro-
ceeding that a man should be keptin prison
to appear against q person against whom
there was plenty Of evidence to warrant his
beng held. District Attorney Buckley said
that il was 4 somewhat curious proceeding,
but was sometimes done in the Police
Court. He SAID the prisoner WAS no more
guilty OF the burglary than he was, and
asked the Court TO discharge the prisoner.
The Judge also expressed surprise at the
Police Court proceedings, but said that I'M
der the circumstances. all he could DO was
to order the mans release"
Judge Henry, Of the Police Court says
that when Pierce appeared in Court hG
waved an examination, 50 far as the law
would allow him, and offered no testimony
in defense and upon the testimony Of
Chief of Police Jackson and others he was
held 10 answer TO the Superior Court. The
Judge was not then aware of any bargain
existing between the prisoner and the
Chief.
In connection with the case of Jack Nc
Kenna, whom the Police Court held to
answer for an attempt to commit rape upon
Anna Cox, a waitress at the Fountain
dive. the Bee SAYS: City Attorney Andcr-
son informed Judge Van Fleet that the
case should be dismissed, rs the testimony
would show that it lacked the clements of
a case Of rape lie offered 10 give a full
statement of the case in the future The
District Attorney said he had Il letter lately
written by the girls father. stating that she
is now living with an opium 6end in San
Francisco The City Attorney added that
the object he had in having Mex emma held
was mainly in connection with other mat
ters and the lover Court held him because
the City Attorney had not moved for a dis
charge. Judge Van Fleet said he did not
see how Nckenna could have been held
and informed against for such 4 crime if
the testimony showed him innocent.
Therefore the Superior Court would not
dismiss the case without hearing state
ment OF facts. The two attorneys promised
to inform the Court in bank at an early
date"
Judge Henry says. it is not true that be
was held because the City Attorney did not
move for his discharge The prosecution
in the case was not conducted by the City
Attorney, but by I. :. Brown. The City
Attorney was not present, except for a
few moments at time, did not hear the
testimony. and is not acquainted with all
of the facts in the case. Mr. Brown says
that the evidence against McKenna was di-
| rect. positive conclusive, and the Court
was compelled to hold him. He farther
says if he is properly prosecuted in
the Superior Court there is little doubt
but that he will be convicted. He said ::
If this man was discharged, as the two
attorneys asked, it would be one Of the
groSsest outrage5 ever perpetrated on this
community. The present District Attor-
nev was McKennas counsel at the eXami-
nation. and he certainly should be the last
! one to ask the Court to discharge the pris-
oner. and he could not imagine what
motive the City Attorney had in making
! %