The morning call., 1891-11-06
PLAYING FOR TINE.
Bruner Could Not Proceed, His
Counsel Was iii.
Meanwhile Attorney Campbell Was in the
Supreme Court Trying to Get
Writ of Prohibition.

Assemblyman Elwood Bruner of Sacra-
mento, who is now under indictment Of the
San Francisco Grand Jury for malfeasance
and perjury, appeared in person and in his
own behalf before Judge Wallace yesterday
to ask for more time. He represented that
his attorney, j. c. Campbell, was sick, and
much against his own desire he was obliged
to ask continuance.
Judge Wallace told Mr.. Bruner that he
was not disposed to push case in the abb
sence of counsel, but cautioned him to have
his attorney on hand to-day.
VERY we'll, your Honor, / WILL" replied
the young legislator, land that there may
be nc delay l ask leave to file this motion
to set aside the Indictment and also this
demurrer to the Indictment 1 ALEC ask that
subpenas issue for the County Clerk and for
each of the grand jurors"
GROUNDS FOR THE NOTION
He then read the following:
Comes now the defendant and moves the court
to set aside the Information heretofore filed In
this court on the grounds following. TO wit:
First-That the same was not found by any
legal or valid Grand Jury, or any Crane Jury
whatever.
second-That said Grand Jury which returned
SAID Indictment was not duly or legally formed
or impsneled.
TDird-That said Grand Jury was not properly
drawn in accordance with Section OF Article OF
Tue CONSTITUTION OF INC State OF T. Nlornia, nor In
confoi m!ty with the laws OF the State OF Caifor
MIA, nor In conformity with the rules OF the Su-
perior Court Of the city and county Of San Fran
cisco.
F0urth-That there existed In the minds OF
said Grand Jury and each and every member
thereof bias and prejudice toward the de-
PENDANT.
Fifth-The existence OF such state Of mind on
the part Of The members Of said Grand Jury and
each and every one thereof, which prevented
them acting fairly and impartlaliy between this
defendant and The people Of the State OF Calf
fornia.
Sixth-That the requisite number Of ballots
was not drawn from the Grand jury box Ofthe
county.
Seyenth-That the Grand Jury was not drawn
by the proper persons.
EIghth-Ihat the drawing was not had In the
presence OF the officers designated by law.
Ninth-That said indictment wa. not found by
the requisite number of grand jurors.
Tenth That said indictment was founded In
part upon the evidence given by the defendant
when he was compelled BY said Grand Jury to
be witness against himself. in violation OF the
States and OF Section Is OF Article I OF the Com
stilutlon OF The state OF California.
THE DEMURRER.
The demurrer WAS in the simplest form.
as follows:
Comes now the defendant and dsmurs to the
Indictment herein. upon the grounds following.
to wit:
Fhst-That said Indictment does not state
facts sufficient to constitute ublic onense
Second-Tbat said Indictment does not sub
stantialiy conform TO sections So1, 9o2, 964,
$50 and 800 Of the Penal Code OF the state Of
California,
The subpenas asked for were issued, and
the case put at the head of the calendar for
to-day.
Judge Wallace advised Bruner that il his
attorney was not well enough to-day he had
better get another.