Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-08-20
THE CONSPIRACY CASES.
sIedge szsa Quarles are Both Finally
Cleared.

sledge sasa QunrIes are Both Finally
Cleared.
G. L. Ssedge and W. F. Quarles were DR.
raigneG IN the Police Court or Saturday,
on ohsTgo of conspiracy, in having en-
tered iEto an agreement to e and r,lay
faro The cases grew cut of enc in which
QGTrfiss charged Sledge with conspiracy, in
inducing him to play at . game Of faro,
where he claimed he was robbed % S129.
There was net enough evidence 20 hold
Sle5ge or the original charge, and the
Court ordered both men to appear for ex-
iai,sin2tion 81 a new charge OF conspiracy
the evidence having shown that they had
entered into an agreement to play faro
+.tadge Buckley said that es q conspiracy
T5as an agreement between two or more
persons &c commit crime, and as il was
crime under the status to play fare, it ap-
peared that both men could be 5leld'for that
offense, rs Quarles had already testified
/ that they both played at the game.
e. G. Hart appeared as COUNSEL for Sledge
and Ftdistabrook for Quarles. TIE former
made 9 forcible argument in behalf of his
client, referring 10 several authorities to
show taat the law did not intend 10 make
1t 2 conspiracy which was an indiotable
Inisdezneanor to agree 10 co e thiug which
in itself was a simple mfsdemeanor. II
such the law it would bead to strange
results. 1t is q misdemesne- for boys to
play'ball in the street. If four boys should
agree to play ball in the streets they could
be punished for conspiracy, Sn i5iGictahle
etfense, whereas for playing ball they could
only be punished for a simple INSIDE
meenor. He did not believe the law meant
any such inconsistency
! he City Attorney suggested that the de-
tendants be discharged on the charge of
conspiracy and held &c en- w4r to the
charge of mjsdemeauor, c., If the Court
held that could not De aane, lac might be
able TO file complaints e~siDst t1on for
playing faro, providing Vae Court held
such a complaint could tie based on in
formation and belief
Judge Buckley explained that the Su-
Preme Court had decided that the Superior
Courts have no Jurisdiction over simple
mlsdemeanors, and therefore he could not
hold the defendants to answer for playing
at faro. If they had committed that Of
tense the only wsy to reach them was by
Hing . new complaint. The Judge re-
viewed the whole case at length and said
he would give the subject q good deal Of
thought. He was inclined to agree with
Mr.. Hart that the section in conspiracy was
net intended to include small offenses
ships and would operate to deter men in
Mr.. Quarles' position from making
complaints. If man came in
from the country end was taken
to game where he was robbed,
he would not dare to make complaint for
fear of being punished himself He con-
cluded that the word Z" crime" as used in
Section 162, means f5lonies and indictable
misdemeanors, and SO believing he would
discharge the prisoners.
The City Attorney asked the opinion of
the Court on the validity of complaint on
information and belief That would be the
only kind of complaint be could file
against the defendants. He believed it was
dangerous practice for the City Attorney
to file complaints himself as il would be
said that he used his Office for private ends.
He did not think that such complaints
would be valid
Mr.. Hart thought there was no question
but that such a complaint would he in
valid.
Judge Buckley said that it was matter
which rested entirely with the prosecuting
officers. 1t would not be proper for him
to intimate what he thought about it. He
had his opinion about it, but it was not
proper for him to express it.
The defendants were then DISCHARGED