Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-06-03
THE PERJURY CASE.
PROCEEDINGS IN THE POLICE
COURT YESTERDAY.
Damaging Testimony Given by the
County Clerk and Other
Witnesses.


Witnesses.
The case of S. W. Austin, charged with
perjury, and those of Eugene Avery and
J. c. McGinnis, charged with suborna-
ton of the same, were called in the Police
Court yesterday morning, The defendants
were represented by C. T. Jones and Grove
L. johnson, and the prosecution by Dis
trict Attorney Buckley and City Attorney
Hart. The case, from its peculiar compli-
cations. attracts considerable attention, and
the Courtroom was crowded with specta-
tors In the absence of Judge Henry, JUS
tice of the Peace Henley presided.
City Attorney Hart asked Tor continue
ance of the case for one day, on the grounds
of the inability of the prosecuting Witness
Miss Maggie ]. Hill, to be present, on ac-
count of sickness. He produced and read
a certificate, signed by NJ. i. Clayton NJ
D., which stated that Miss Hill was suffer
ing from severe nervous prostration. Coun-
sci asked that, in view of the fact OF the
illness of Miss Hill as set forth in the ply
sician's certificate, the case be continued
until Friday or Saturday, or until such
time as she would be able to appear in
Court.
Mr.. Johnson opposed the motion to post
pone. He said counsel for defense were
willing to agree to either of two things
First, to take her testimony at her resi-
dence second, to allow the City Attorney
to write out what he expected to prove by
Miss Hill, and they would admit, in order
to save time that such testimony was
given in the case. He argued that under
such circumstances a continuance of the
case should not be granted.
Mr. Hart said it was in the interest of all
concerned to have as thorough an eXamin-
alton as possible, and he was DESTROYS that
all the facts connected with the case should
be brought out He desired the presence
of the prosecuting witness she should be
present during the taking of the testimony.
He was satisfied that her condition at the
present time was not what it should be to
allow her to take part in the proceedings.
He had not become as familiar with the
case as he would like to be, and felt that
the prosecution would be aided by her
presence. When a witness gave testimony
in Court, the manner of giving the same
had weight with the Court.
Mr.. Jones opposed the continuance. The
case was one of alleged perjury, committed
in obtaining a license from the County
Clerk 1t matters not in this case what in
|
have received. The question is simply
whether or not perjury has been commit
ted. She is not a material witness in the
case. He did not think a certificate of
physician is better than the statement of
anyone else in case of this kind. 1t is
notorious fact that physicians certificates
are given to fit cases He did not believe
in Furnishing party before he is convicted.
The defendant was finishing the last month
of his college course, and this delay would
| iniure him to an extent that could not be
computed. He was of the opinion that
Miss Hill did not desire to come into Court
and show her hand.
The Court said he would either proceed
with the case at once or postpone it until
after the date of the graduating exercises AT
Berkeley.
Mr. Johnson-This case hanging over
Mr.. Austin would be in the way of his
graduating
The Court said he believed the prosecut-
ing witness should be present, and if the
prosecuting attorneys would not consent to
take her testimony at her residence, the
case would go oyer until after the date of
the college exercises.
After a brief consultation of the attor-
neys on both sides, it was agreed to so to
Miss Hills room and take her testimony if
possible.
Recess until p. NJ.
AFTERNOON SESSION.
When Court was called to order in the
| afternoon, Mr.. Buckley said that the attor-
neys had been refused admission to Miss
| Hills room. She had refused to see the
! Court, and physician that had been called
| in under the plea that she was i'll. The
! prosecution was in the same position they
were in the morning; they did not feel
! like going on with the case without the
witness, and referring to DR.. Clayton's GER
tificate read at the morning session, asked
/ a continuance of the case.
The Court-If she is a material witness,
that fact ought to be stated to the Court in
the form of an affidavit.
Mr.. Hart was sworn, and under oath
| stated that among other things, he ex-
pected to prove by the indisposed witness
that she was present at a conversation
between Austin, Avery and McGinnis,
shortly after the marriage license was pro-
cured. She was called out of the house,
Avery saying he wanted to talk with her.
He spoke of the name which appeared in
the certificate Hiram C. Avery. said il was
wrong, but added that makes no difference,
don't say anything about IT. He also told
her that his true name was not Eugene
Avery, but Hughson Anderson. He after
wards agreed to get another license, and
sought to marry her upon license issued
to fictitious person. He told her if the
minister reads the certificate Hiram c.
Avery don't say anything about it."
Grove L. Johnson said; While this is not
true, we will admit it to be true in order to
90 on with the case. We will admit that
she would testify to that if brought here,
and, for the sake of proceeding with the
case, will admit that it is the truth, not
urithStandirer that ii is not
The Court then ordered counsel to pro-
coed with the case.
THE TESTIMONY.
The first witness called was County Clerk
w. B. Hamilton. His testimony, summed
up, was that ON the evening of October 81,
1885, about 8 o'clock, McGinnis rang the
door-bell at Hamilton's residence, and,
when the latter appeared, told him he de-
sired to procure a license for a Young
man from San Francisco who wanted
to get married. Hamilton put on his
hat and started for the Courthouse
with McGinnis AT the gate he met ayoung
man whom McGinnis introduced to him
as Mr. Avery, the applicant for the license.
, He was a young man, wore spectacles and
he recognized Mr. Austin, the defendant in
Court, as the man to whom he was intro
duced. The three started for the Court
house McGinnis left them, after travelling
couple of blocks, but joined them again
on their arrival at the Courthouse. Mr.
Hamilton filed out the blank affidavit re-
ouired in such cases, filling in the blanks
with the names and ages as he was in
formed they WERE Austin signed the aft
davit H. c. Avery" The Clerk admins
tered the usual oath to Austin, and required
Mr.. McGinnis to subscribe his name to the
document as q witness. He said McGinnis,
whom he had known by sight for many
years. said he was brother-in-law of the
girl, and seemed to be experimenting the
whole business Austin said to him " The
girls age is 20; my age, %.
Mr. Hamilton was excused from the
5 stand for few moments, and Mrs. Mary
]. Eighmy was sworn as witness She
said the Hill sisters roomed in her house,
In regard to the prosecuting witness
health she said "She is well, butneryous
and excited. She has no. been in bed all
! day to day. When DR.. Cluness came Out
! of her room to-day l said TO him, She Is
as well as am. He replied, Yes; only q
little nervous l said, You ought to &C
down to Court and tell them.' He said
You can do that if you like. and tell then