Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-03-27
ILLEGAL VOTERS.
Fred Gibson Discharged by Justice Davis
James Turner'S Plea.

Fred Gibson Discharged by Justice Davis
James Turner's Plea.
Justice of the Peace G. G. Davis rendered
his decision yesterday morning in the case
of Fred Gibson, the proprietor of the La
fayette saloon, who was tried on Friday
last on charge of having counseled
and procured Frank Abbott TO vote lille
gally at the late city election. He reviewed
the testimony taken on the trial, and said
that as he was acting as both Judge and
jury he must be governed by the same rule
of evidence that jury would and give the
prisoner the benefit of every doubt. His
guilt must be proven to an absolute GER
taintv, the presumption being in favor of
his innocence. He did not think the pros
ecution had proven the guilt of the prisoner
beyond a reasonable doubt, and be there
fore ordered his discharge and his bonds
men exonerated.
In rendering his decision Justice Davis
took occasion to say that the public mind
was considerably excited over election
frauds Just at this time and that the press
had commented on cases now before the
Court. He did not propose to be influenced
in his Judgment either by public opinion
or newspaper comments.
The readers of the RECORD UNION are no
doubt familiar with the testimony given in
this case, as rather full report of it was
published in this paper on Saturday morn
ing.
James Turner, who was held to answer.
by Justice C. n. Post, to the charge of
illegal voting, and who some years ago
served term in the County Jail for the
same crime, was arraigned in Department
Iwo of the Superior Court yesterday. He
entered q plea of guilty, and Judge Van
Fleet asked District Attorney Bruner to
state the facts OF the case. The District
Attorney recited the facts as they were
shown ct the examination, and stated that
he did not think the prisoner could be con-
yicted. He therefore asked the Court to
refuse to accept the plea of guilty, and dis
charge the prisoner. Judge Van Fleet
asked Turner why be pleaded guilty. He
said because he knew he was guilty of hay
ing sworn at the polls, when his vote was
Oh allenged, that he lived at the Brooklyn
II dtel, when in fact, he never lived there.
He was asked why he had given the
Brooklyn as his residence, and replied that
Vie had been sleeping around the barges on
the city front and thought it would sound
more respectable TO give the hotel as his
residence.
The District Attorney stated that Turn
er's name appeared on the Great Register
aIlu lAlEtt W % A4O CNlASuCC " oLON llldl ne
was not a legal voter. The only offense
that he had committed was that he gave
the wrong residence. That was not crime
under the law and was simply matter
that the Judges Of election could inquire
into.
Judge Vn Fleet refused to discharge the
prisoner, and said that he would ask some
attorney TO investigate the matter and re-
port to him whether or not a conviction
was likely 10 be had. He first requested
Judge w. II. Beatty to act, but that gentle
man declined on the ground that he was
one of a committee who had offered 500
reward for the conviction of illegal voters.
Grove L. johnson declined on the same
ground. A. L Hart said that he had too
much pressing business on hand to attend
to it. The Judge then appointed J. W.
Hughes to investigate the case and report
to him this morning Mr.. Hughes at once
entered upon the discharge of the duty.
James Morrissey, who was convicted be-
fore Jnstice Davis of attempting to vote
Illegally, will come up for sentence on
Wednesday morning. 1t is understood
that he Will demand new trial on the
ground that he did not waive his right to
Jury trial.
Justice Davis will render his decision in
the case cf w T. Fitzgerald, tried on SAT-
rrday for illegal voting, on Wednesday
morning.