Sacramento daily record-union., 1890-07-30
no COMPLAINT FILED.
THE CHARGE AGAINST LAWYER GROVE
L. JOHNSON DISMISSED.
City Attorney Hart Says the Arrest Was
Unwarranted-Mr. johnson Ex-
presses Himself.

ShSS
was called City Attorney Hart stated that
there was no complaint on file. and none
had been sworn to.
Charles 7. Jones, attorney for Mr.. John
son, then addressed the Court. He said a
grave outrage had been committed upon
his clients rights. He had been dragged
away from the polls without cause, as was
shown from the fact that no complaint was
on file, and brought into Court as dis
turber of the peace. 1t was an insult, and
an Outrage upon justice, and he believed
the Court should so declare in dismissing
the case
w. A. Anderson remarked that the fact
that no complaint had been filed made it
an outrage for the defendant to be brought
into Court. The arresting officer should
have sworn to il, and the motion to dis
miss ought certainly be made by the prose-
cution.
City Attorney Hart said that, as far as
he knew, Mr.. Johnson conducted himself
as a gentleman at the polls. He did not
think the act of arresting the defendant q
wise one, and so stated at the time of the ar
rest. He had been told that at the polls at
which the disturbance was alleged to have
taken place, there were eight or ten voices
heard above that of Mr.. Johnson's, and
1t was his (Hart's) disposition to strike the
case from the calendar in the first place.
Il ask" continued the City Attorney,
that the case be dismissed
Mr.. Johnson then addressed the Court as
follows:
If your Honor please, would like to make a
your permission
l have lived in the Third precinct of Sacra-
mento. where voted at the late Republican pri-
mary election, for twenty -four years. For TWEEN
ty-tour years have attended every primary
and every election, when my health permitted,
and believe missed but one.
On this day. Saturday, the 10Th of July, l at
tended the primary election in my precinct, ss
had moral and legal right to do. 1t was
my duty to do it.
For many years the newspapers magazines
the public speakers and ministers the political
press and the political platforms. all have urged
upon decent people, respectable people and
taxpayers, to participate in primary elections,
because by so doing, they would prevent the
rougher classes from king possession of the
primary, from manufacturing candidates and
from making laws which would be injurious to
the taxpayers and beneficial only to the GRIM
inal classes. For these reasons | went there on
that day.
For twenty -four years we have participated
ID primary elections in that precinct without
one word of trouble, without the interference
or necessity of the presence OF police officers or
Deputy Sheriffs, and without any trouble or
lIdCds, VI drTeSL5 udVluB Deeu LldQe or even
threatened
Invent there Saturday, and to my intense sur
prise found large number of people who did
not live IN the ward, surrounding the polls and
manltestlng an intention to take entire charge
OF them. Some of them were candidates for
delegates from the First Ward, and lived there
IN, and some of them lived in the Second Ward,
and were candidates for delegates. These per-
sons were all shouting and working for one par
ticular ticket of delegates from that ward One
man, apparently the leader is person who
was under arrest at that time, and is under
bonds now to appear and answer to q very seri-
Gus charge before your Honor. He was at the
window challenging voters and endeavoring to
lntimldats voters de was requested by an hon
est and efhcient public servant-officer FraZee-
to desist, but he refused
Some of the residents of the precinct were
alarmed at the rough and boisterous and bellig-
erent attitude OF these nOn-residents, and ex-
pressed fear that large number of illegal votes
would be polled. 1t was suggested that chal-
lenger was needed to try and secure a fair cleo
tion but some were afraid to undertake the
work, although all favored it.
have made 1t a rule all my life never to ask
a man to go anywhere ! was Tot willing to go
myself; wherefore said l would go to the win
dow and act as challenger. l believed these
nonresident persons, although SO led and so act
ing, would respect my position in society and
would respect me.
These men l speak of were challenging voters,
making loud and unusual noises, driving people
away from the polls, biockading the polls in
sulting the officers OF election grossly and in
and challenging to fight. They called me bad
names and endeavored to engage me in a fight,
which of course declined.
They made our quiet ward perfect pande-
monium at times with their bad conduct. l
was very quietly and peaceably attending to
my legitimate business as a citizen, tax payer
and Republican endeavoTing 10 challenge lille
gal voters. number of whom l caused to be
sent from the polls by the officers of election.
Then, while these people, non residents of the
ward were engaged in this-while they were at
tempting to drag officer Frazee from the polls
where he was doing his duty, l was suddenly
seized from behind. l had not spoken an un-
kind word to any one At that time was doing
absolutely nothing was seized from behind,
as | said, by this officer Stafford and showed
through the crowd in violent and brutal man
ner, and then, while my hands were held, was
insolently told that | was under arrest for dis
turbing the peace. firmly and honestly be-
lieve that was held by the person who thus
arrested me In order that might have been
killed at that time. / firmly believe that but
for the interposltlon of q man whom you know,
but who is not here-a man who does not train
with my political crowd-a man against me at
all times politically-but for his interposition
and that of a few friends of mine | am conf
dent that the scheme that this officer was en-
gagged in would nave been successful and would
nave been cowardly struck from behind and
brutally beaten or murdered at the tine | was
doing nothing at that time, and was not en-
gaged in making noises or disturbance of any
kind, or threatening this policeman or any one
else with violence or violent language. was
not disturbing any peace of man or community.
Others threatened me with violence The de-
cent citizens of the Third Ward were entitled to
protection while holding a primary election,
and particularly were they entitled to be
shielded against non-residents. But this officer
sided with the roughs, with the non-residents,
and by his course sought to intimidate respect
able and quiet voters.
There were great many people, pon-resi.
dents and roughs, there, engaged in making
very loud and indecent noises, in fighting aud
pushing, but they were not arrested or inter
tered with by this officer Stafford, while l.
resident voter and respectable citizen. was ar
rested by him violently, and with The intent of
bringing me to quarrel that might be hurt
My first thought was TO resist, for he had no le
gal right TO arrest me; then thought .it is bet
| ter not and / submitted to the arrest
appeared here by my attorney, the Hon. G.
| I. Jones, Monday, July Dist, and the matter was
| continued until to-day. at the request of the
| prosecution. l am ready for examination to-
| to swear to complaint against me, hence no
| trial can be had. This of itself shows the
malice and wiekedness of my arrest
would like this matter to be examined into
| by this Ceurt that ell the people may see how
| an outrage has been perpetra.ed not only upon
| me, but the city. Your Honor was present at
the primary election and you saw the faces OF
| those men that toak possession of the Third
| Ward polls, although they were non residents.
| You knew who they were. Some of them have
been sentenced by you to the city or County
/ Jail for crimes. Some of them are under arrest
now IN this Court upon grave charges. Some
| OF them are now under bonds having been ex-
| amined In this Court by your honor and held
! for trial before the Superior Court
upon charges of felony. and none of
| them live in the Third Ward They were
| there endeavoring to intimidate honest voters
! endeavoring to get men 10 vote illegally-and
| they succeeded in both endeavors / was taken
from the polls by this person calling himself an
officer, IL order TO facilitate that wicked work
| We Republicans say that we favor flee and
| fair electiou-and the Republican majority in
| the lower House of Congress has passed a law
| to give freedom of election in the South
| We say that fairplay does not rule in the
| South at elections and that it is necessary TO
| give the people a chance to vote freely in the
| South that the power of the Federal Govern
1 ment should be used, but ! say to your Honor
that there never was an election carried on in
| any precinct in the South where grosser q Mt
| rage was committed upon the elective fran
chise and the rights of honest people than was
committed at the Third Ward Republican pri-
msry election in this city on the 18th day of his
month, by nor resident bullies and which cul.
minated in my arrest by this pers claiming to
be an officer, who thus gave official sanction 10
crime and sought to punish respectsbility Nv
arrest was gross outrage Ii was crime II
was direct blow at free eleetions-at honest
| elections.
| 1t was direct attempt to intirnidate honest
voters, and / would be wanting in my duty to
my country that / have taken an oath as an
officer of the Court 10 maintain If did not
characterize il SIS SUCH
The mere effect to me is nothing. ! am get
ting along In years. i have lived through h
many troublous times, and can live throue h
| this very easily, for the people know that did