Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-10-23
FlIZGERALD'S CASE.
THE DOUBLE REGISTRATION SHARP
SET FREE.
The Decision of Township Justice Davis
Analysed and Its Illogical Char
acter Exposed.
FlIzGERALB'S CASE.

The introduction is as follows William
Thomas Fitzgerald was arrested on the 18th
inst. for illegally voting at the election held in
this city on that day. Justice of the Peace
Davis, to whose Court the case was removed on
the affidavit of the defendant that he could not
have an impartial examination before Justice
Post, heard the case as committing magis-
trate under Section As of the Penal Code, de-
elsring that every person not entitled to vote
who frsudulently votes is
guilty Of felony.
Justice Davis yesterday rendered his decision
dischsrging Fitzgerald. The impartial mind,
on comparing that decision with the facts clio
tied on the examination, must pronounce it
Illogical and unwarranted. The decision in
full is as follows, and it is commended to the
reader as a remarkable document that deserves
to go down the ages as a curiosity of the law.
For the sake OF convenience in Analysing this
remarkable document we have numbered the
paragraphs. The absurdlty of the decision, to
put it very mildly, is fully expressed by COM
pairing it with the facts"
Then follows the decision in fun. In conclu.
sion the REcoRD-UNIoN says:
THAT the people believe there Is sufficient in
the matter to warrant jury in examining into
il: that the public belief Is that Fitzgeralds
discharge is Il miscarriage of justice; that the
facts do raise the presumption of crime on his
part and that he would have been held had the
law in Justice Davis Court have found clear
headed and wellinformed exponent, it may be
the Courts misfortune, and not its fault, that
this is so; it is certain that it is the misfortune
of the people.
Older and more experienced magistrates do
conceive their duty to be to hold a defendant
under examination before him for any felony
that develops in the course OF the examination.
In this case there was III our opinion aud that
of the mass os the people, the fact OF double
registration before the Court ana it was suifi-
Gent to have justified Fitzgeralds being held,
not ONLY for illegal voting, nut for the other
crime as well, the facts sufficiently indicating
an intent, to justify sending the case to jury 10
solve tt e question of fraudulent intention. Be-
yond showing the fscts no prosecution can
affirmaiively show the intent-that must be de-
termined from the proofs adduced
Justice Davis decision is a misfortune for
the people. 1t is in strong contrast 10 the clear
and vigorous rulings of Judge Buckley and
Justice Post III their hearing OF cases of out
RACES against the ballot-box. The Courts are
the last resort of the people for protection from
ballot thieves. When they fail as means Of
reaching criminals the people are indeed en-
shaved, because stripped OF the chief of their
liberties. Though Fitzgerald has gone free
there is not by any clear headed man in SacTa-
mento entertained to-day the slightest doubt
about his having Illegally voted; 30 doubt OF
any kind as to the commission of the crime of
perjury by Fitzgerald in swearing to the later
afhdavits OF registration