The morning call., 1891-10-02
LAW HE ovEELooKEp.
Authorities That Judge Murphy Failed
to Completely Quote.

Authorities That Judge Murphy Failed
to Completely Quote.
A prominent lawyer expressed himself as
much disgusted yesterday when he read
Judge Murphy's decision on the Grand
Jury, and stated that after much patient
application he had managed to dig out of
the mine of verbOsity the principles which
the Court had befogged with the clouds of
phraseology.
The attorney stated that when he came to
that part of Judge Murphy's decision in
which SO much stress is laid on the case of
Levy vs.. Judge T. K. Wilson. 90 Cal, 1O5,
he got mad at the way Judge Murphy used
be case in his argument
mo case" he said, was ever more mis-
quoted, and no court ever made such gar
bled use Of a case to bolster up bad argu-
ment. Indeed, instead of being Ia his favor
the case is dead against him, as will be ap-
parent to a schOOl-bOy who will read it. |
am familiar with the case. aud at once saw
how Judge Murphy had garbIed it.
AN INCOMPLETE QUOTATION
Judge Murphy Ield that Judge Wallace
Instead Of APP ointing an eisOr should have
drawn from the 100 names that remained in
jury-box. In support of this he quoted the
Levy case and relied on it as his principal
argument The Levy case was before the
Supreme Court in 1885. Levy was indicted
and on haOeas corpus claimed that the Grand
Jury which indicted MIN was Illegal be-
cause Judge Wilson had ordered the Sheriff
10 summon fifteen jurors from the body of
the county, although there were 135 names
in the box In this case the Supreme Court
held that the course adopted by the court in
filling the original panel was authorized by
Sections 226 and 242 of the Code Of Civil
Procedure and was not in excess OF its juTls-
dlction, although at the time the order was
made for the special venire there were suf-
fcient names in the Grand Jury box from
which .he jurors might have been drawn.
WHAT HE USED.
Now. Judge Murphy in using this case
quotes only so much of IL as is favorable to
bis side OF suits MS purpose, and entirely
ignores the conclusions of the court, which
are dead against the position lie assumed
and squarely vindicate Judge Wallace in
the way he lmpaneled the Grand Jury.
This Is the part Judge Murphy quotes:
We are of the opinion that the court below. in
exercising IT'S discretion, ought 10 have ordered
lie panei 10 De nlleo oy requiring the clerk In
open court, aud In the presence of the Judge, to
draw the requisite nu mber OF names from the
Grand Jury box, instead OF requiring the Sheriff
TO summons jurors from the BODY Of the city and
county. The former course OF proceeding ia
more consistent with the correct mnistration
Of justice.
This is the exact language used by the Su-
preme Court, but it is simply part and not
a conclusion. 1t appears to favor the posi-
tiun Of Judge Murphy. But Judge Murphy
did not 90 far enough. He did not use the
conclusion of the court nor its interpreta-
tion of the law.
WHAT HE OVERLOOKED.
1.-THE next sentence following the para
graphs he quoted reads as follows:
but the course adopted by the court was one
authorized by The code; the persons summoned
and In attendance were drawn. summoned aud
impane ed under a valid law aud according 10 It's
provisions, aud as they were qualified 10 sit as
grand jurors ana we're recognized by The court
ard sworn as a Grand Jury, lie Indictment found
by II against the petitioner is good Indictment
A COMPLETE vINDICArIoN.
"This Is a complete vindicaton of Judge