Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-10

McGlashan interrupted the Chairman while
asking the printed questions, which reminded
him of d schUol-boy' S examination, and wanted
it distinctly understood that he had nothing to
do with getting up the examination papers.
He was not aware OF their existence until he
came into the committee meeting. He objected
to their use
McJunkin also spoke in q similar strain. He
had not been consulted in the matter, had moth
ing 10 30 with their formation. He objected to
their use and asked that No. IS be stricken out.
Chairman Morris did not attempt to farther
use his " examination papers and bundle of
800 or more were "chucked" into the waste
basket.
Witness testified that up to few weeks ago.
or until this subject was preached in the Legis-
lature, it was the generally expressed opinion,
especially with the legal profession. that both
the Judges were physically and mentally dis
abled. He himself knew nothing of their men
tai incapacity OF his own knowledge.
JOHN P. HoGE,
Who was Chairman of the Constitutional Con-
vention, said he believed the mental condition
of both Judges is now as good as when they
were elected. 1t was generally understood at
the time of the framing of the new Constitu-
ton that the Chief Justices duties would be to
preside in bank and determine what cases
should be heard in bank and what should go
before the departments. That was the general
idea that prevailed then, and is his idea of it
now.
7. B. BISHOP
Said a week seldom passed that he did not meet
and converse with Judge Morrison. His physI-
cal condition was not what it was before receiv
ing the paralytic stroke, but he saw no change
in his mental condition. He said both were
Trustees OF the Hastings Law College, and often
met in that capacity. lie saw no impairment of
his mental faculties. He did not so often meet
Judge Sharpstein, who some time since was
very ILL., but now nearly recovered. Did rot
think his illness had in the least impaired his
intellect.
JOSEPH W. wINANs
Saw Judge Morrison quite frequently. He
moved about very easily without assistance,
and seemed to be discharging the duties of his
Office since his recovery well as he did before
his illness. The duties of Chief Justice occupied
a considerable portion of his time. His sight,
hearing and voice did not seem to be impaired
in the least, ard are as perfect as they ever
were. Judge Sharpstein had been quite i'll had
recovered, however; and, unlike Judge MorIi-
son, had suffered from no paralytic stroke. His
ailings are such as would not affect his mental
faculties. Physically he is apparently rapidly
improving. As Director of the Hastings Col
lege he met him quite frequently. In that ca
pacity he presided with his usual ability and
intelligence. The disability of the Judges does
not affect them mentally. The minds OF each
are as clear and penetrating as when they were
elected.
r. {. HARRISON
Said he agreed with the statements made by
the preceding witnesses. From a long acquaint-
ance with the Judges and perfect knowledge of
they were rs competent TO discharge The duties
OF their official positions today a3 they were
when elected TO Office Mr.. EOge's ideas OF
the constitutional provision relative to the du-
ties of the Chief Justices conceded with his.
E. II. TAYLOR
Said he failed 10 discover any difference in their
mental faculties since their recovery. He ire
queutly held short conversations with them and
detected no weakness in their mental powers
In the case of Judge Morrison the disease seemed
to sDto+i t11tf or tl.Ah n
his intellectually was unimpaired. Judge
Sharp7t TEN seemed to be the same man intel
lectually that he was prior TO his illness. his
reasoning powers do not seem 10 be in the least
impaired. He had detected no symptoms OF
soiiening of the brain in the case of Judge Nor
rison. Witness said: % am a graduate of medi-
cine as well as of law. There is not the slightest
indication of brain disease in Judge Sharp teln
So far as my observation as Trend
and my knowledge of medicine goes they
are both mentally sound. The evidences are i'll
favor of Judge Sharpstein'S absolute and com
plete recovery. Don't think either of the
Judges are in the least mentally disqualified by
their age or present physical condition.
j. NJ BURNETT
Said he met both of the Judges quite frequently,
both III and out of Court. He knew of 80 men
tai arrangement in either of them. They, to all
appearances. were mentally sound and as COM
potent to a discharge of their duties to-day as
much SO as before their illness.
Said he met Judge Morrison at the Paraiso
Springs in the months of June and July of
this year He had several hours conversation
with him every day. All the time the Judge
was at the springs he daily worked upon briefs
and papers sent 10 him from the San Francisco
Office. he ate his meals regularly, seemed en-
crossed ia his duties. and his mind, to all ap-
pearances, was rs clear rs bell: 10 impair
ment of his mental faculties was noticeable
whatever. lie was n little lame but walked
about unaided and unattended. He saw Sharp
stein and his doctor yesterday. He is troubled
with what is termed the shingles, an
affection of the eyelids, also neu,
ralgic affection It, however. has worked
no impairment of his sight. Sharpstein told
him that no decision of the Commission es-
capped his (Sharpsteinsl scrutiny or observation.
w. c. BELcHER
Said he frequently met both the Judges and
had failed 10 notice any impairment of their
mental faculties. They are as comnetent to-day
as they were when elected So far as witness
was able to Judge they seem TO appreciate the
cases before them and the arguments OF counsel
better now than they did when they took their
Office. This is a natural consequenee-the out
growth Of experience.
SENATOR DAVID MCGUIRE
Said he boarded at the same hotel in San Fran
cisco (the OccidentaO that Morrison did, met
MIN quite frequently, and Morrison often visited
in the evening with his (McClure's) family.
The Judge had suffered much physically, but
faculties.
W. c. BURNETT
Testified to the same general facts. Had known
both JUDGES intimately for years. Both were
now attending to their duties, and were as
bright mentally as before their recent Illness.
McGlashan said as one of the committee. he
thought this kind of testimony had gone on
about long enough. He did not think it adyis-
able to pile up any mere OF this cumulative evil
dence until the other side put in some testi-
mony. If the latter had no witnesses then it
was useless to proceed, for the committee could
make up their report from the Voluminous testi-
mOny already in.
Judge Miner said other witnesses from San
Francisco had been subpenaed and they should
be allowed to testify and be relieved from fur
Their attendance upon the committee
Some one of the committee suggested that D.
s. Terry would arrive from Stockton on the
evening train, and it would be well o adjourn
until o'clock and give him an opportunity to
substantiate his charges, if he could.
CHARLES y. FOX
Testified corroborating the testimony of all the
preceding witnesses, claiming the Judges were
not only as good mentally today as when elect
cd but vastly superior They can grasp legal
point quicker. While both have suffered a Sc
we're illness neither have suffered mentally.
Morrison may never regain his physical strength,
but the loss of il Ill wise diSQuaiifieS him for
proper discharge OF the duties of his Office.
J. j. Mhoon, +. J. Pringle and A. z. Catlin all
testified TO the same effect. Both gentlemen
had suffered from severe illness, Dut since their
recovery they were as competent to attend the
duties of their Office as they were when elected.
Judge Heydenfeldt said he had seen but little
of the Judges for the past three years and knew
nothing OF their mental or physical condition
except hearsay.
At & p. u, on motion of McGlashan, the com
mittee took recess until $50 0 clock.
Evening Session.
David S. Terry put in an appearance at the
evening session, and proceeded 10 conduct the
examination of witnesses. He called upon
JUDGE HEYDENFELT,
Who in response 10 questions, said: The general
opinion OF the bar and my own opinion, is that
the present Supreme Court is weak one. The
bar has always regarded Morrison n weak
Judge, and particularly so since his atfiiction.
The business of the Court is about three years
behind now. 1t takes from two to three years
after n case is placed upon the calendar TO reach
it. He had a conversation with Sharpstein Sat
urday regarding the business of the Court.
He said it was still accommodating, and that
the Commission Gid not aid in diminish
ing the business before them. 1t struck
witness that if something was not done. and
that soon, the business would become blocked
in the future and warrant a revolution. he
thought seven Judges of good legal ability with
the business properly divided, ought 10 be able
TO handle it. Witness was on the Supreme
Bench five years. When there were but three
Judges upon the bench they handled 500 cases a
and in those DAYS II q Vpr rar thing