Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-02-10
AN INDIGNANT COURT.
Police Judge Buckley Speaks His Mind,
and to the Point.

| Police Judge Buckley Speaks His Mind,
and to the Point.
| In the Police Court yesterday morning
| when the case of Louise Monin was called,
/ W. A. Anderson appeared as counsel for
the women, and after expressing some sur
prise at the arrest, moved for her dismissal.
Judge Buckley stated that he had caused
| the arrest, and, in explanation Of his action,
said that the defendant appeared Wednes-
day morning in the Court-building 10 an
swer TO two charges of exhibiting" pre-
| ferred against her the previous day. When
her name was called she failed TO respond,
| and her two So deposits were forfeited to the
| city. The Judge said that he had been in
| formed that some one had deferred her
from appearing. under the threat that if she
| did so, charge of "vagrancyn would be
| preferred against her, and she would be
| driven from the city. Il am aware, re-
marked the Court, that since she testified
| for the prosecution in this Court few days
since, against the three men accused
| of living in houses of ill-fame, she has in
Cured the hatred of NJ. Dubois, and he
has threatened to drive her from here be-
cause she dared to interfere with his bust
ness of renting houses of ill-fame and
| testify against his tenants. She was, and
is an important witness against VIM.
! Taylor, convicted in this Court of being a
vagrant, and whose case is now on appeal
| to the Superior Court. | am satisfied that
| Dubois wishes her away. that IN the event
that Taylor should be granted new trial
| her damaging evidence would not be
used against him and others of his kind
who may be arrested, and concerning
whom she can say much TO their discom-
| future. Through his threats and persecu
| ton she was last evening induced to consent
| to depart for New \ ork, he agreeing TO pay
her certain sum of money for so doing.
l felt that this was a shameful and an IN
warranted interference with the admins
tration of criminal law, and an attempt at
| Punishment, quite as dlsgracetul as the
| slavery existing among certain Chinese. |
accordingly issued a warrant for her arrest
upon one of the complaints charging her
with exhibiting for the sole purpose of
exposing the methods employed by some
| landlords of these houses to defeat the
ends of justice, and punish by arrest and
| by exile their unfortunate women tenants
| who dare appear in Court and testify
against Migrants living in disreputable
quarters Such conduct must be stopped.
and the whole power of this Court will be
used to bring about such result | am
willing to continue this case until the Tay-
lor case can be decided, in order that this
woman may be used as witness if needed"
| In this connection, w. A. Anderson sub
mits the following: That was a strange
order of Judge Buckley, TO arrest the French
woman Louise Monin. 1t was given as a
reason thai she is a necessary witness in
| the vagrancy case of William Wilson. She
has given her testimony in that case, and a
verdict and judgment rendered, True, an
| appeal has been taken, but Section 1866 of
| the Penal Code provides that an appeal can
| only be heard upon statement. No wit
nesses are ever called or sworn. The APP
| pellate Court may either affirm the iudg-
ment or reverse it, and can order new
trial-in the Superior Court only. But this
is contingency too remote for the exer-
| else of any jurisdiction of the Police Court
In misdemeanors triable in Police Courts
| there is no authority or power vested in
| those Courts to arrest or detain witnesses.
The only authority is in examination
cases, under Section S7S of the Penal
Code, which, on the holding of defend
ant to answer. authorizes the Magistrate TO
exact an undertaking from material wit
nesses for their appearance at the trial in
the Superior Court.
Whatever may be the suspicious of the
Judge as TO the causing of Louise to leave
the city, he Is in error as to the necessity of
| her appearance on the appeal in the Wilson
| case, and he has no legal power to hold
| her, or admit her to bail for her appear
ance at any such trial. The poor woman,
| however, is the victim and is locked up in
default of friends or bail, ostensibly upon
| charges of exhibiting and for which
alleged offense she has already paid the
penalty A search among the various
| sections of the Penal Code and the Penal
Ordinances fails to disclose any such an
offense as exhibiting, What is evidently
intended by this ambiguous charge is the
violation of a provision of Ordinance l.,
| relating to women standing at or being IN
| the vicinity of the doors or windows of
disreputable houses. 1t would seem TO be
more in accord with substantial justice to
institute proceeding against the parties
who are alleged to have offended, if any
such there be. If any one has attempted
to dissuade a witness, or one who may be-
come a witness, from attending upon any
trial, he or she can be prosecuted under
Section 1876 of the Penal Code.
There is no necessity for a cheap sensa-
ton in holding an (admitted) innocent
creature under the pretext of being a ma
terial witness, unless it is for the purpose
| of prosecution under Section 1876 of the
Penal Code. OF course no successful pros
ecution could be made under the latter sec
| ton with regard to the Wilson vagrancy
ton pending in which the woman is or
could be witness at this time in such
matter.
The whole trouble in these matters
seems to be among the officers, who
are exercising their vindictiye spirits in or
| der to get even on one another, and thus
Furnishing Louise and Dubois.
The Bee had an extended item about
the privileges granted French Marie, the
woman who il is said was the starter of the
discord in the delectable precincts of L
street, by having Louise and another
woman arrested upon a charge of grand
larceny of a diamond pin, and referred to
| the fact that Marie could be seen
every day upon the street, and unmo-
Tested. This will be news to the denizens
of that part Of the city, as Marie left the
city more than three weeks ago, and, it is
needless to say, for the city's good"
| MFTROpoTTTAN THFATFR-At the Metro