Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-07

Sharpstein's ewes trouble him some, but he is
around now and see him daily at the neon
lunch and on the bench.
rison for upwards of thirty years. he was par
alyZed some time since, but 1t afiected MN so
little that it was not noticeable upon the bench:
His remarks are all right, and person would
not know of his infirmity by seeing him upon
the bench or hearing him talk if he was not
told of it. He had argued some cases before
him in the past two years, and had been present
on many occasions during the past eighteen
months when the two Judges complained OF
were on the bench trying cases. Knew
Morrison as praetleing attorney, as
him as District Jndge; have known him
since he became Chief Justice of the Supreme
Court Have argued cases before hlm as DIS.
trict Judge, and be ore and since his stroke OF
paralysis as Chief Justice. From all my Cd
SeryationS | have been unable TO detect any
difference in hismental capacity. have known
Judge SharpStein when District Judge, while
Judge of the Twelfth District Court, also since
he went on the Supreme bench. have been
unable to discover any difference mentally, or
any physical inability TO discharge the duties OF
his office. In my opinion both OF these gentle
men are as mentally capable to discharge the
duties of their Office to-day as at any time dur
ing the time they have held office.
T. |. Bergin, the next witness, said he had
known both the Judges for many years. He
frequently met Sharpstein and had pleasant
chats with him on matters social, political and
legal. He did not know whether sharpsteln
had written many opinions lately or not. He
read the decisions of the Court without refer
ence as TO which one of the Judges wrote the
opinion. He regarded it a great pleasure for
any man to be acquainted with Judge Morrison.
He had a stroke of paralysis some time since
which for u time impaired his physical facul-
ties
Judge Terry-Have they not largely increased
the calendar since they came upon the bench
Mr. Bergin-I think not, sir. They had large
legacy of old cases when they took their office.
Had known Sharpstein for some fifteen years.
Had seen him several times lately and held ten
and fifteen-ninute conversations with him
In answer to a series of questions by Nc
Glashan, Mr.. Bergin said can only give you
my opinion I knew Judge Morrison before he
went on the bench. They have had more to do
than did their ecessors-eXtraordinary and
prerogative writs-a new Constitution upon
which they had to place definite and Judicial
construction While you, Judge Terry, occupied
a seat upon the judicial bench the number OF
your opinions were not nearly so large us those
of your associates. The mere matter of not
writing large number of opinions does not
involve ineapaeity-it may be slothfulnesS.
You cannot judge of the amount of labor a
Judge performs by the reading of the opinions
of the Court.
Judge L. b. Miner, the next witness, said he
had been intimately acquainted with Judge
Morrison for upward of IS years. They were
born in adjoining counties, were boys together,
and classmates in college. He was called to the
bedside of Judge Morrison Immediately after he
was stricken with paralysis 1t had no effect
his physical powers. His mind, his intellectu-
ality, is good to-day rs it was four years ago,
although he cannot get around as actively as he
could then. Don't think his memory is affected
in the least. In conversation regarding their
college sports a few days since, he seemed to be
and was perfectly bright. Saw him at 10 o clock
last night at the Occidental Hotel, enjoying him
self with the G. A. X. people. He walks up
stairs unaided. He cannot control the fingers of
his left hand and he shufiles somewhat with his
left foot. He perhaps is little depressed in
s1l1,- t,g. hon
a boy, nor so active as when l saw him in the
heat of the battle of Buena Vista in 1917, when
he and l were members of the same company of
Illinois volunteers His speech is not at all af-
fected. if so, have not noticed it.
W. S. Woods, of the law firm of Lloyd d
Woods, San Francisco, said he had known Nor
rison for 80 years. First became acquainted with
him when he was District Attorney of Sacra-
mento county. Knew of his physical troubles,
but was positive from seeing him daily that his
mental faculties were not in the least impaired
He knew Sharpstein well. He had been phi! 81
cally prostrated for a time, but had recovered
and was as mentally sound as when he first
took his seat on the bench.
John McComb, san Francisco real estate
agent, had been most iHtma ely acquainted
with Sharpstein for many years. When the
news came from Sacramento that the Legisl6-
ture had discovered that ShGrpstein was an I'M
beetle he Immediately called to see him. 1t was
untrue. Sharpstein was a man of as sound
mind as the Judge who was propounding these
questions and conducting this examination, or
any Of the members of the Assembly that com
posed this investigating committee. He thought
Sharpstein's mental faculties were on a par
with that OF any member of the California Leg
islature. At present he is in the enjoyment of
perfect health, aud in possession OF all his fac
ulties.
At this junctme Mr.. Paulseu, the Deputy
Clerk, entered and said he was ready to report.
In response to the questions propounded by
Judge Terry, he found that during the time
stated (since July 10, 1855 the Supreme Court
had rendered 574 decisions, viz Bank, 1S2; De-
partment One, 30; Department Two, 1S2.
OF those in bank, Morrison had rendered ten,
viz: People VS. Price, People vs.. Langton, Hall
VS.. Superior Court McGee VS.. City of San Jose,
Estate of Doyle, Hand VS.. Hand, Moore VS.. Clear
Lake Water Works, Mcdonald vs.. Burton ex
parte Hang Kee and ex parte Lawrence.
ShaTpstein, during that time had rendered
two decisions in bank viz - Harmon VS.. Ash
mead, Little VS.. Jacks.
In Department Two, during the same time,
Morrison had written eight decisions, viz: Win
sell vs. Commercial Insurance Company, People
vs.. Sullivan, Peterson VS.. Lauretzen, Davis VS..
Green, People VS.. Lee, Peterson VS.. Doe, Camp
bell VS. Oats Martin ct al. VS.. Walker.
At $50 P. NJ the committee Adjourned to 10
4. NJ. to-day.