The morning call., 1890-10-29
NELSON ARRAIGNED.
He Gets a Change of Judge in
the Police Court.
Judge Murphy Denies on Oath Nelson's Aeou-
saticns and His Antagonist Gre
ates a Sensation.

The case of William NJ. Nelson. charged
with libel for having published and distrib-
uted circulars about the character of Judge
D. ]. Murphy, was called for preliminary
hearing Yesterday morning in Police. Judge
EiX's court.
The courtroom was crowded to the
doors with Nelson's witnesses, detectives,
attorneys, politicians and fellows who do
not seem to do anything for living except
appear when any promised sensation crops
mp at the old City Hall.
Nelson was represented by Clarence
Gray and Judge Murphy by c. B. Darwin
Clerk Kenny read the complaint in a loud
voice that the defendant, who is partially
deaf. might hclrlt, and when finished, asked
in the usual course: SIS that your true
name, William Nelson McCann, otherwise
known as William NJ. Nelson ?"
''Ny true name is William NJ. Nelson"
was the reply, "and | decline to plead until
that ether is stricken from that document"
No plea being necessary for magisterial
examination, the case proceeded without iu-
terrupton. Then Clarence Gray, for the
defense, interp0sei Il demurrer to the com
plant on the ground that it was faulty and
lid not state facts sufficient 10 constitute
public uffense. The demurrer was over
ruled, ana Gray interposed another objec-
lion. claiming that the complaint did not
quote the alleged lbeIous publication in
1uIl, but contained only a garbled arraign-
meut Of the defendant and deductions which
are prohibited in criminal law. The writer
had selected portions OF the circular and
gave the Court the benefit OF his own deduc
lions from them.
A CHANGE OF JUDGE.
A heated agument followed between Judge
RiN and the counsel aud the motion was de-
MED.
Nothing daunted, Gray con.inue ed his OBJ
iect.uns He moved for change Of venue
on the ground Of prejudice IN the mind of
the judge, and, in support OF his motion, IN
iruduCeI an affidavit by Nelson claiming
that the Judge was biased because defend
ant had once caused to be published an arti-
Gle under the caption, rs Hale Xix Per
juTrr?"
Under these circumstances began
Gray, Il be ieve that my client is entitled
TO 4 change Of venue, and to have his case
referred 10 some other Judge; although for
nv part l do not Tor one moment think that
your Honor IS biased. Nor do | believe the
statements contained in the article re-
1erTed to-
Nelson jumped up in evident excitement
and Interrupted his attorney.
1t is true; the record shows it, the
record shows 1t, he exclaimed with We
ItlItUCf. anu 1 assert ludL II any man
awe will get on that stand and swear that
II Is false I'll have him arrested for per
jury"
Again a wrangie among the parties in
teIested occupied some time. Darwin con-
tended that judge Rix had not power in the
luW cited by Gray as 4 committing maIis-
trate. BE admitted that the complaint was
faulty at which Gray stood up and made
calling remark about Darwn's work
Il wish it to be distinctly understood"
..fz.r tod N
not my complaint, but the work OF Judge
Murphy. l am tired Of counsel on the other
side casting reflections on me- in connection
with it
having more SENSE" Gray answered with
pToiUse bowling.
DECLARES HIMSELF INNOCENT.
whats that? what's that?" demanded
Judge Murphy, who was TO ali appearances
wrought up to high state OF nervous eX-
element lie embraced the opportunity to
Genounce his accusers and declare him.
self innocent Of the accusations. He
loudly declared that lis Official record
was an open book, aud detied
any man to say he had been guilty Of an
Intentional wrong. When lie had con-
Tor a change Of Judge. While thinking
that the law applied to trials and not to
examinations, he would. however, grant
the deieudtut what he asked. His Honor
perfect confidence in his own ability 10 de-
eide 1t mpartially and fairly. He mad no
fears. for the affair about himself had been
settled in the past.
The case was continued till o'clock,
when, by request, Judge JoachimSen occu-
pied the BENCH
Clarence Gray asked for a continuance in
tie afternoon, a, the witnesses for the de-
tense were not all present aud could not be
gathered together on a:fewSdays notice. He
wanted to have them in court before taking
up the case, and then read the following
list;
Bert McNulty, Judge J. V. Cofey, Judge Levy,
George Flournoy. john b. MuOOH, Philip Crnn-
MINIS, George Lunins, Leland Stanford, Alyinza
hayward. ". II. l.. Barnes, J. u. Sullivan, l. y.
Ch0yuski, Sheriff Laumeister, All Chung, alias
Little Pete" Denis hearny, Judge Nee, John
a. SJaEly, James barry, Robert tefTal, w. w.
SLOW, George ". taylor Judge James Mcguire.
Captain Lees, Mrs. ID. j. Murphy, Joseph Austin
aud John Maroney.
The witnesses were reques'e ed to retire
from the COURTROOM and further testimony
WIS taken.
TIE CIRCULAR READY.
Detective John Coffey testified that he
had received the circular from Nelson,
whose name was appended to It.
Attorney Darwin attempted to introduce
the document in argument and after some
Tits between counsel he was allowed TO read
portions 81 hich were considered libeGus.
On Gray's motion the whole document was
introduced.
Judge Murphy was the next witness. He
testified that he was elected District AttOr-
ney in 1871, again in 1873 and again in 1877,
and by virtue Of his Office was a Water
Commissioner. He also referred TO his NOM
- nation on the Republican ticket and his
candidacy for reelection. He denied ever
having secured the cOndonement OF felOnies
for com or for any other cons lderatiOn. Nor
did he secure the indictment of Innocent
men, nor permit guilty men TO escape from
Justice for thousands Of dollars. The Judge
continued his positive denial of all the ale
cations in the circular, and in reply to a
question whether Nelson entertained any
ill-WilI toward him said that Nelson had
for many years borne malice against him.
ANOTHER DENIAL.
An adjournment was then taken until
80 O'Clock III the evening, at which hour
the courtroom was filed with the same net
erUge euus crowd as in the afternoon.
Judge Murphy again took the stand, saying
there was one matter IN the complaint
which his counsel had directed his attention
TO as having escaped notice previously
The extract VAS still another Objectionable
clause and evoked an assertion from Judge
Murphy to the effect that in his official capa-
cities as District Attorney and Superior
Judge he had never been sWayed by private
or other influences.
1T Las been said" broke in Gray, that
malice has existed for years. The Court
VIII be able to determine by the crOSs-eXam-
inaJiOn OF the Witness"
Another wrangle followed, in which coun-
sci, witness and Judge slrOve simultaneously
to make their voices heard.
Nelson walked close up to the witness
stand, and with his nose almost rubbing
Judge Murphy's, annoyed the witness win
insinuatng sarcasm, which often created
laughter.
He asked for continuance until O'Clock
this Afternoon, giving as his reason the ex-
crptionally short time allowed him for
prep ration and his physical condition,
which was weakened by overwork and men
tai s;rainiUg about the case. Growing
more excited as he spoke his face became
livil with suppressed anger.
This is the most unusual case" he
shouted, ''the most unheard of and the
most fragrant railroading proceedings that
ever took place in this court"
The Court remained passive.
WAYLAID BY RUFFIANS.
81 repeat H. trat this proceeding is IN
heard Of" con uuei Nelson, ito force q