The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-10-03

| hand in the efforts 10 unravel the tangled
| skeln OF legal wool. He said that witness
! cannot question the legality of any Judicial
| body before which he is summoned. Waiv-
| Ing that point, it seemed that witness, when
| snbpenaed, could decline to answer, and so
| the Grand jury could accomplish nothing,
| although the people Of the State would prob
| ably be put TO great expense before matters
would be finally adjudicateI.
/ If the Grand Jury is illegal, people should
not lie harassed by its summons, he con-
tinued, and if legal, its proceedings should
not be obstructed He had determined to
apply forthwith 10 the Supreme Court for a
writ OF review, embracing all the points in
connection with the selection OF the Grand
Jury, the appointment of an elisor, his re-
turn to the court, and the constitution of the
present jury. He had read Judge Murphy's
decision carefully and found that it was
| based upon a section of the old county gov.
ernment act Section 4172 of the Code Of
Civil Procedure. which did not apply to
San Francisco, and, moreover, had been re-
pealeI in 1888, and is not now a law of the
State. BE asked that Judge Wallace defer
action in the Gage matter until he could OBJ
tain ruling of the Supreme Court.
District Attorney Barnes said that he
considered 1t his duty, In view or the Attor-
ney-Generals statement, to join in his mo-
tion for a continuance Of the case before the
court.
SPECIAL COUNSEL SPEAKS.
Ben Morgan, as special counsel for parties
! whom he declined to name when lnterrO9a-
ted by Judge Wallace, thought the Attor-
Dey-Genela should not interfere In this pro-
ceeding. If the case should be taken to the
Supreme Court the work of the Grand Jury
/ might be impeded for long time pending
decision.
Judge Wallace, who had listened atten-
lively to the statements OF the attorneys,
said that he was exceedingly anxious to have
the matter under discussion settled. lie
had simply attempted IT, conform to the law
as he understood it, His opinions regard
ing the legality of his course hitherto III the
I Grand Jury matters had undergone no
troyersy, as such proceeding on the part
OF an occupant of the bench was calculated
90 bring justice into contempt.
81 shall be glad to have an authoritative
Jury" continued his Honor. GAS l under
stand the language of the Supreme Court,
the Grand Jury is q part of the court, and,
as has been said, witness cannot 90 be
hlud 1t. Ii witness could question the
right or legality OF Judge vino summoned
him to sit upon the bench, it would mean
the practical end Of all our administration
OF justice.
A FAITHFUL STUDENT.
There was never more faithful student
of criminal law thln l. and | still continue
to examine that branch of Jurisprudence
VIII All LtlG NDllity ptSSCoSs iuNitcu III =
Darwin, as a criminal lawyer and attorney
for Chute. to come here and state the reasons
for his position, anticipating hat | should
hear a valuable and profitable discussion.
To my surprise, Mr.. Darwin declined to
discuss the matter, and had no power to
make him do so.
Il don't want TO hold man guilty of
cOntempt unless such d judgment Will adj
vance justice. There is no revenge in the
administration OF the law.
Il shall put this case over for one week
and see what the Supreme Court will do in
tie meantime. l do this because | do not
wish to inflict unnecessary punishment on
any, one. Mr.. Gage may be released from
custody on $1,000 bail. l Will hear the case
again on next Friday morning at 10 o'clock. !"
THE BOND APPROVED.
1t was almost noon before the bond fur
uiShed by Air. Gage TO secure his release
was approved The bondsmen went first to
Judge Trout, but lie refused 10 approve the
bond, which was not properly drawn. An
other bond was prepared IN proper form and
approved by Judge Wallace, with j. j.
O'Connor and John w. Roberts as suretieS.