The record-union., 1891-09-02

Colusa Marshal just as he was leaving the
Jail with his prisoner.
The new writ was made returnable at
1:30 O'Clock, and when that hour arrived
the same crowd filled the courtroom,
| augmented by few more lawyers and
courthouse attaches, who had learned of
the sensational proceedings of the morn
ing.
In the meantime Marshal Scroggins
had engaged Lawyer George A. Blanch-
! ard to argue the case. The latter held
that the warrant was in due form, and
| that the court had no alternative but
to recognize it and remand the woman to
the custody of the Marshal.
A WORTHLESS DOCUMENT.
| Mr.. Jones contended that the marrant
was not worth the paper it was writ
ten upon. He admitted that it was reg
ular upon its face, but held that huS-
band could not make a valid complaint
Of that kind against his wife-the law did
not permit it.
| Mr. Blanchard insisted that the court
| could not go behind the warrant and in
| quire into the character of the complaint
on which it was based. Besides there
was no proof that the womans husband
had sworn to the complaint.
81 can prove by that man there" said
| Mr. Jones, pointing to Marshal Scroggins.
that the complainant is the legal hus-
band Of this woman, for he has certified
copy of the marriage certificate in his
| pocket. If court cannot inquire into
| the character Of the complaint on which a
prisoner is held, of what use is the habeas
corpus? 1t is for the very purpose of in
| quiring into matters Of this kind that it
was inStituted.o
| The point was argued at considerable
length and finally submitted.
MIR. JONES WAS RIGHT.
! Judge Catlin said it was clear enough
| that a husband could not testify against
his wife on a charge Of embeZziement.
and if it were admitted that the complain
ant is the husband OF the prisoner he
would have to order her discharged.
! I'VE admit nothing" said Mr.. Banch-
ard. II have no knowledge as regards
the relations between the complainant
and prisoner"
Marshal Scroggins," said Mr.. Jones,
with an air OF triumph, will you please
hand to the court that certified copy of
the marriage certificate you have IL your
! pOcket?'
THE LICENSE AND HUSBAND DISAPPEAR
Il haven't it," calmly replied the Mar
| shal, II gave it back to the Chinaman"
| MIR. Sheriff." cried Lawyer Jones,
! please call Quing Hop-we want that
| document !"
Deputy Fay went to the door and de-
! llVGred himself OF his Chinese vocabulary,
and finally Il Chinaman presented him
self, and the officer triumphantly marched
him into court.
Cum Ho," said Mr.. Jones. sis this
the man-is this your husband?"
mo, sir" answered the woman in q
sweet tone of voice, Il don't know him"
THE HEARING CONTINUED.
But Mr.. Jones, who had encountered
and successfully overcome goOdly
number fl5gal snags III the course OF the
day, was not disnayed. He asked the
court to continue the hearing until he
| should have time TO send TO Colusa for
the necessary witnesses to prove that the
! complainant is the husband Of Gum Ho,
! and that it was he who swore Out the
| warrant for her arrest on q trumped-up
! charge.
Judge Catlin granted the motion, and
the woman was remanded to the custody
of the Sheriff, to lie again produced in
court at 10 o'clock on Friday morning.