The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-10-06
HOW Is CRIME TO BE PKosEcUTEDs
The following extract is taken from thu
news columns of this journal of Sunday last

The following extract is taken from the
news columns of this journal of Sunday last:
Judge Murphy took occasion to say from the
bench yesterday that lie did not consider him.
self in the proper frame OF mind TO Try the cases
of White and Kerr, that have been on his caen-
dar for fifteen months, and lie accordingly gave
notice TO the District Attorney and the interested
counsel that they would have TO be transferred
to some other department.
The Judge said that his peculiar frame OF mind
was due to recent occurrences" in connection
with which some very outspoken language was
used. According to some of these utteranees, lie
said, he was considered unfit TO try any ease. and
he felt very certain that under such circum-
stances lie could not be fit to try cases in which
the parties who had so spoken were interested.
Assistant District Attorney Hosmer was not
ready to consent 10 transfer without first con-
suting his principal and Garrett McInerney,
rep eseniing Kerr, said he had no fear OF unit
ness or prejudice, and he was ready TO so to trial
in any department.
The matter Of transfer will be decided on Sat
urday-
THE CALL notices the above item, not for
the purpose of making any comments in re-
lation to Judge Murphy, but simply to di-
rect attention TO the administration of what
is termed criminal law in San Francisco.
The public, we presume, are familiar with
the fact that White anG Kerr were indicted
by Grand Jury for embezzlng large sum
of money from THE CALL newspaper office,
and that the trial of these persons has been
continued in that court from time to time for
some fifteen mOnths. 1t is possible we mis-
understand Judge Murphy's meaning in this
paragraph quoted and that we do not know
what criminal courts are instituted for. We
had an idea, however, that criminal courts
were organized and run for the benefit Of
the public, not for individuals. We have
prosecuting attorneys who are paid by the
people to prosecute criminals, and the courts
are also paid by the public. The individu-
ais who have suffered are as good citizens
bound to lay the offenses before the cOnsti-
tuted officers and to give their testimony in
respect to the crimes committed, and their
duties then end. Individuals who have
been robbed are not required to eXpend
their substance for doing what the prose-
cutting attorneys are paid for doing. 1t is not
the duty of the proprietOrs of The CALL to
pay outside counsel several thousand dol
lars to prosecute these or other criminals.
We were told, however, several months ago,
that we had best employ the most eminent
counsel in the city or the criminals would
most likely escape THE CALL does not
claim to dictate who shall try White and
Kerr The courts have charge of those cases.
and it is for them to try them, but we wished
to disabuse the public mind in relation to
what are the duties of the courts and of in
dividuals. 1t is possible some of the courts
believe the individuals who have been robbed
are more guilty than are the actual robbers.