The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-08-31
McNULTY Is TRULY ALIVE
Judge Murphy Acknowledges
1t by an Order.
CARROLL COOKS CUNNING.
A Good Deal of Red Tape in Court to Get at
the Fact. but the Condemned Man
Viii Appear To-Day.

What was in one sense a legal farce was
enacted in Judge Murphy's court yesterday
morning.
In another sense the scene had very ser-
| Gus interest to the principal character, John
! McNulty, the convicted murderer, who was
not. however, on the stage at the tine.
Promptly at 10 o'clock District Attorney
! Barnes rose and addressed the court, which
! at the words IN the matter of John Nc
! Nulty." ordered the court reporter to take
down the proceedings at full length.
The District Attorney asked the court to
J have McNulty brought before it to-day that
! he might be resentenced.
| Immediately Carroll Cook, McNulty's
attorney, who had been awaiting such a
motion. jumped to his feet with an o6jec-
| tion He denied that the court had any
| jurisdiction in the matter now that the
reprieve time had passed and pending the
appeal in the Supreme Court
Judge Murphy waved the attorney aside
! for the moment by the remark that he did
| not know officially that McNulty was not
! dead. He asked whether any return had
been made by the Sheriff upon the death
| warrant issued by the court.
| There was pause until a messenger was
| dispatched and returned with the inlOTma-
ton that no such writ had been returned.
mr.. BaiIiff, fetch the Sheriff. please"
1
| TO fear that its warrant had. perhaps, not
| been executed.
Under Sheriff Deveney then arrived, and,
| 10 an inquiry by the court rs To whether
such return mad been made, replied in the
"You will forthwith make such a return,
| Mr.. Under Sheriff." directed the court, land
file il IN the County Clerks office"
In the meantime, as there was nothing
| official before the court regarding him. Ne
AttfF fcr In in
| Of Sidney Bell.
Shortly after IL o'clock Under Sheriff
! Deveney, having executed return Oh be-
| half Of the Sheriff, filed 1t in the County
| Clerks Office and then Droughtit over TO the
| courtroom.
The return was an offielal-looking docu-
| ment and gave the SherlHs reasons for not
carrying ont the execution of MeNuhy.
The return" ran as follows:
hereby certify and return that received the
| annexed warrant on the 17th day OF June,
| A. ID. 1892 anu efIerwaid. 10 wit, on the som
| OF August, A. ID. 1892, | return the same for the
following reasons, 10 Wiz; A repneye from the
| Governor OF tie State OF California "a certified
! copy Of when Is attached hereto and made raTL
| OF my IetuIn) was received nj THIS office on the
| ! 18th day of August a. b. 1892, extending 10
| aud including The 26th day OF August, A. ID.
| 1892, that Is, for period Of 81 cen days.
Now, therefore,. the day named In said war
| rant having passed, aud having no warrant or
"ordeT OF cOurt 10 executed tie wilhtn-named
| John McNulty on any other day, or at any o her
/ L
| and am unable 10 proceed further, Or 10 execute
! the said john AcNuliy. Now, therefore and by
ord OF the honorable superior Court Of the
State OF California, IN and fOy tile city aud county
OF San Francisco. Department No. Il thereoi,
duly given, made aud entered upon the minutes
OF The SAID court, this 30lh day OF August A. ID.
| 1892, | return the within warrant. Very Te-
! spectfuy, {. 5. LAUMEIsTER, Sheriff.
Armed with this incon,estible proof Of
McNulty's existence, and, rs It were, -four
ishing the same before the courts eyes.
District Attorney Barnes once more re-
SUmed his motion to have McNultY brought
into court 10 have Him reSentenced.
Judge Murphy said lie would take the
matter under advlsement until this morning
Once more Carroll Cook, the indetatiga-
| bic. luteTpOsed the objection that the court
had 10 jurisdiction in the matter.
The court dssented as TO that.
! MIR. Cook begged 10 remind his Honor
that the matter was on appeal ia the SU-
/ preme Court.
But upon another order" decided The
count, thus settling the objection.
'Mr. Sheriff." concluded Judge Murphy.
you VIII have John McAulgy In court to-
morrow morning.
Yes. your Honor" responded Deputy
Shea1 Mccarthy, and with thai yes" the
legal farce came TO an end.
This morning in the same court the cur
tain will be Tung uD and will reveal the
leading character in the ljfe-and-death
drama, OF, more properly, the tragedy OF
john McNulty.