The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-03-17
ACROSS THE BAY.
Unjustifiable Charges by a Liti-
CANT Against Judges.
Heavy Sentence on safe-Cracker-A Cons
promise in the Varney Estate-Canvass
Made of the Returns of the Election.

An interesting time was had In Judge
Henshaw's department of the Superior
Court Of Alameda County yesterday after
noon.
About two months ago Jean b. Denis, {
Frenchman about so years of age, brought
suit against his niece, Mrs. Hel0ise r. c.
VelatI, to declare deed to her from hin
void. Judge Henshaw sustained de
murrer to the complaint, but in his opinion
he did not altogether rule in favor OF
plaintiff, and there was desire to have g
change of venue. 1t appears that the Ole
man had desire to have the case heard by
Judge Ellsw orth.
10 accomplish this most remarkable af-
hdaVlt was prepared, sworn to by plaintiff
on information and belief, alleging that
Judge Henshaw is disqualified by reason Of
remarks outside of the courtroom preju.
dicial TO plaintiff, and because he had been
the attorney of the defendant. 1t also stated
that Judge Greene is disqualified from try
ing the case for similar reasons. but the re-
suit was anything but the effec. desired.
Judges HenShaw and Greene laid the mat
ter before the Grievance Committee of the
Alameda County Bar Association. and de-
manded an investigation of the charges.
The committee waited upon Judge Ellsworth
and requested him, with the consent OF
Judges Greene and Henshaw, to hear evil
dence uron the motion for change of venue,
end therein investigate the chatges presented
uron the affidavit. The matter came up
yesterday afternoon with Judge Ellsworth
sitting ON Judge Henshaw's bench, and
Judges Henshaw and Greene within the
bar.
NO EVIDENCE IN SUBSTANTIATION.
The evidence of the old man was first
taken and it was shown that lie diu not
know whether or not the two Judges men
toned in the affidavit had ever acted as at
torneys for Mrs. Veati. He testified that a
newspaper reporter named Darien had told
him something about Judge Henshaw being
against him. but he could not describe MIN
or tell anything about him. He never saw
him before nor since.
When closely questioned his memory was
very defective and he could not remember.
His attorneys. Napoleon Bonaparte NAL
vile ana L. Z. 1rouSSeau, had prepared the
affidavit; lie had it translated to him by
Trousseau and he signed it. Judges Hen
shaw and Greene took the witness-stand
and denied every allegation of the affidavit.
Neither one of them knew ell, her the plali-
tiff or defendant, neither had they seen
them before. Mrs. Nelati also testified that
she had never seen either of the Judges
previous to seeing them in court, neither
had she communicated with them.
Attorney Malville asked numerous ana
silly questions to bolster up if possible the
outlandish affidavit, and Judge Ellsworth at
$50 o'clock in the afternoon decided that
there was nothing upon which to base mo-
ton for change OF venue, and denied the
motion. In rendering his decision lie ueliy-
cred scathing rebuke to the attorneys for
plaintiff for the wantOn attack upon the
two Judges of The court without shadow
of tnrto ta4a Ia tot nO
that tie serious charges amounted almost to
crime. Two motions in the case were
continued until next Monday
HELD FOR ROBBERY.
P. Beor1istrO, alias G. L. Biggi, the italian
charged with r0bbiug j. L. Davis, the
farmer, near Claremount, was admitted
to bail yesterday in $1,000 10 appear before
Justice Shook tomorrow afternoon. He
was charged as BeordistrO. but gave his
name before the Justice as Bggi.
Judge Ellsworth gave John DOnnelly &
hfteeD-Year sentence to Folsom on the plea
Of guilty of burglary of the first degree, with
prior for grand larceny. DOnDelly was
caught by an officer in the act OF breaking
open safe. He is another of the Sporting
Life gang.
Edward Farran, who shot ono Jane:
Maddox in the leg some time ago ut Midway
ana wasfound guilty OF assault by jury
was sentenced to the County Jail yesterday
by Judge Henshaw for two months.
THOMAS vARNEY's ESTATE.
finn of the nrnbate of tie viii of the lat,
Thomas Vnrney was continued yesterday by
Judge Ellsworth for one week. 1t is under
STOOD eomproniise IS uhuer adjustment
anu an dLat NIP hihs u9s asIeeu 70 acceI
Sl9U,Oo oo apsVIute' iilsVeau Vi INC lie eSta's
Mrs. Eunice d. Marion has filed new
complaint against the Board of Education,
uehahalnS sdiaIy AZ tne rae Oh SIoo pei PEI
mouth lIolli JulS Oh, 1907; 70 feoluarS 20
4o2 }, auu aehIhs III " wiz " ihanuate.
Inc returns VI tie recent nl1nlclpal elec
tlon VIE cahtaaseu Wy the wy ouuhIl
yesleioay a nOon, anu tne result SUI ue
ciaIeu "s given vi '1he uaS ailet INC eIec
tioh' - -
CITY CooNClL MEEIlNG'
The City Council fixed last evening tht
bonds OF the ofhcers-elect as follows
Mayor, Nj. G. Chapman, 5000; Auditor, X
". Snow, $4,000, and Treasurer, $4,000
The question Of opening E1St Twelfth
street, between twentieth ana IWenly-Hltl
avenues, was referred to the new council
and the proposition to widen Broadway a
the intersection OF Fourteenth t. the Stree
Committee. This Will cut OF portion O.
the Playter Block II finally adopted.
,7a-1-
-,
services VIII ee helu at O'Clock I'M
morning IN st. J0seph's Church in memo ~
of ST. Patrick.
The lionor-dealprs are discussing tbe hos
Moan. ~ hove rho n,1s cTo0 lioonse Low, 70
,e% ,ns ~ 'no nv" "'vo i'Tonso ia" io
pcaieu' anu ihtctine mao oeen ilelu, d
which 1t was decided to support for Cltl
trustees only those VINO Will pledge them
selves TO reduce the license.
j. ). Boyle, contractor and builder
placed himself IN 'front.' OF locomotive yes
terday morning, while 1t was switching a
was knocked against the pilot. His RICH
leg was fractured below the ankle. lie wa'
crossing the track AT tile llllie 10 enter one o
o~,ino r. had arrarIaoont ~ nm
nossaS hetwasn tho da7ot and Tho 20 !;