The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-10-31
CONTEMPT OF COURT.
A Fight Developed in the Muir
phy-Neils0n Trial.
Judge Murphy's Record Introduced in the Pc
lice Court by an Exasperating Exami-
ner-"Never Never n

1t was necessary yesterday afternoon
when the Neison-Murphy libel case was
called in Police Court to place sentry on
the door and compel all the loafers to vacate
seats for attorneys. politicians and persons
interested in the case.
Judge Murphy took the stand and was
cross examined by the defendant. Nelson.
Attorney Darwin arose to state that Judge
Coffey said he would be ready at any minute
to testify in the case when summoned by
telephone. Nelson objected to any state
ment from counsel, but apologized when he
heard the whole of the statement.
Before proceeding to answer any ques-
tons that may be propounded," said Judge
Murphy, II wish to say that in the excite
ment of the examination yesterday made a
mistake in say ing that had not spoken to
Mr.. Stow about my denomination.
Did you ever draft the infamous gag bill
to suppress free speech ?" asked Nelson.
81 did, in conjunction with Judge CowleS,"
responded Judge Murphy.
II went to Sacramento to urge its pass
age, believing it TO be right at the time"
did this bill provide that any person
speaking i'll or abusively of a Judge in the
presence of five persons was guilty of q fel-
ony?"
sit is matter of public record" submit
ted the witness.
Nelson, with most eXasperating GOODNESS,
suggested that inasmuch as the Court
through its misfortune and not its fault,
made many mistakes in ruling outimportant
testimony, his Honor would consult his
legal friends-Mr. NaptEaly and others
about rulings.
"WhatS do you mean, sir?" roared the
rnip n N
anger. 81 will let you know, sir, that you
are liable TO be punished for contempt of
court. / don't want any advice as to how |
am to conduct this court, and il you persist
in your impertuence | shall SEMI you down
to the City Prison for twenty-four hours"
FINED FOR CONTEMPT.
Attorney Gray interposed an objection,
saying that the advice OF Nelson was timely
and that If the Court sent his client down he
would take him out and then send the Court
down.
"Stop, stop" Numbered the Court "What
did you say regarding me? You'll send me
down? and take me out? For your imper-
Thence | will fine you So"
"Pll pay it" detiantly shouted back Gray,
and Clerk Kenny was instructed to note the
fine.
Nelson continued his cross-examination
by asking Judge Murphy if he had not done
lobbying work upon the gag bill' in Sac
ramento.
81 don't know what you mean by lobby
ing said the witness.
We'll, you have just stated you got votes
in favor of il, added Nelson.
Do you remember Mrs. Sullivan, wife
of Timothy Sullivan at SIC Howard street,
having calf d to your house for the purpose
of getting dismissal of a friend, an actor
named kim0re?"
Never"
We'll" added Nelson, Fillmore was
charged with assault to murder, tried in
Judge Murphy's court and allowed to escape
with nominal fine.
Now, Judge was not this accomplished
by your getting two material witnesses out
OF town?'
Never"
dismiss ii OF defendants by getting witnesses
to leave the city?'
Never"
HE WAS NEVER SHANGHAIED.
Nelson asked the witness if he had not
received $1,000 for acquitting a young man
who was charged with stealing books from
|. n. ChoyuskiS store and. received the
same answer Also if lie had never advised
or assisted to procure the absence of wit
nesses in the MacCrellsh case. The reply
was Never" Judge Murphy also denied
having undertaken for the consideration of
$500 10 have the principal witnesses in that
case shanghaied.
Were you ever shanghaied YOURSELF"
asked Nelson.
Never" said Judge Murphy.
The witness III answer to Nelson's ques-
tons denied having sought dismissal of
Devine. alias ''the Chicken" who was
hanged, wnen arrested tor asSaultiug Judge
Murphy while both men were intoxicated
Judge Murphy could not remember, and
took occasion to say that for twenty-five
years past lie had never tasted a drop of
liquor,
BILE to Judge Murphy. For that part of
your career, turning to the witness. you
have my most profound respect, if you
value it,"
''oh, not a particle, Mr.. Nelson" said
Judge Murphy.
Ibid you know that the late Alexander
Austin, while Tax Collector, and you Dis
triet Attorney held out large sums Of
money from the City TreasuryY
Il knew he held it under protest. 1t was
done in controversy among Mayor Otis.
The City and County Treasurer and Judge
Stanley"
NELSON is DELIGHTED.
Nelson expr ssed himself perfectly salts
fed with the explanation.
Some time was lost in questioning about
the duties of the District Attorney in keep
ing minutes Of the Grand Jury sessions.
keyerting TO the Austin matter Nelson
Piled questions which eXaSperated the wit
ness, and called Attorney Darwin to his feet
to object. The evidence was claimed to be
a DEPRESSION and an attemDt to give Judge
Murphy black eye by bringing up old mat
tiers in which he has figured.
Clarence Gray asked for an adjournment,
as his client was entering on class of in-
quiries that would take three days to COM
plete. But Judge Murphy ON the stand pro-
duced bulky document, and demanded
further hearing.
Nelson starts out and reterates this
base lID.i AGAINST " he pyplaimpI uour
ishng the document, which he said was
report OF the Grand Jury regarding the Aus
Tin matter.
The case was continued until o'clock to-