The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-20
TELEGRAMS OPENED.
The Western Union Company
Produces a Batch in Court.
Sensational Turn in the Sidney Bell Case-A
Defective Subpoena, but a Well
Stocked Telegraph Chief

The Sidney Bell case took a startling turn
yesterday afternoon. The only piece OF
evidence introduced by the District AttOr-
ney was stricken out, but what preceded
and succeeded this procedure raised ques-
ton OF great magnitude, socially, CONNER
cially and politically.
1t was the question to what degree pri-
vate kilograms are entitled to immunity
from governmental espionage.
BELL NOT IN IT.
The question so far as disclosed did not,
however, in any degree affect the interests OF
the man convicted of the murder of Samuel
jacobson. In fact the name Of Sidney Bell
was mentioned but once, and that solitary
mention was by Judge Murphy, when he
took his seat between his two young asso-
ciates, Judges Slack and Trout, opened his
court and uttered the words, THE people
versus Sidney Bell; motion for new trial.
Are you ready, genllemenT'
\ fourth Jurlst, in Supreme Court Com
missioner FO0te sat with these nisi pTius
Judges by courtesy. His venerable head,
nevertheless, bJbbed down in the animated
tete-a-tetes which frequently occurred on
the bench during the examination Of tele-
grams AM copies Of kilograms the admis-
sion or rejection of which as evidence was
A MYSTERIOUS LETTER.
After the disposal of an inquiry by Judge
Murphy as to whether the witness Moore
had been found, the submission by the
Judge Of q letter written by Moore 10 him,
which was stated to be of an extraordinary
character, but which the press reporters
were not allowed 20 see, the real business OF
the afternoon began.
This was no less than the introduction by
the prosecution Of Frank 5. Jaynes. the
San Francisco manager Of the Western
Union Telegraph Company, rs witness.
As the agent Of that great corporation he
had been subpenaed to bring into court
copies Of all the Geographic dispatches
which bad during the months Of December
and January last, passed between Chicago
and Truckee, Chicago and San Fran
cisco, ITuckee and san Francisco aud
Truckee and Chicago, transmitted by Ii.
c. Rev, Edward pbel, Arnold, an alias
by which Campbell was also known, y. A.
Brown, J. c. King and Rev. Or. Thomas I.
EastOn.
A DEFECTIVE SUBPOENA.
Mr.. Jaynes came prepared to resist this
attempt to invade the sanctijy OF private
messages COnfded to his corporation for
tran SmissiOn. That is, he cam 6 armed with
a valid objection 10 the process lnaSmuch
as he claimed that the subpoena was in
sufficient; that it failed to specifically de-
and that It was more in the nature Of a
search warrant than a subpoena.
Judge Murphy. after comforting with his
associates on the bench, ruled that Mr..
Jaynes' Objection was valid. But Mr..
JayneS, Notwithstanding his knowledge of
the lnsutucency Of the subpoena, had come
into Judge Murphy court with his pockets
stuffed With private kilograms. and hls
Honor, aYailing himself Of a technical
right, compelled the Western Union Tele-
graph Company. through lis trusted officer,
10 disgorge the kilograms then and there.
Mr. JAYNEs sUBEENDERs.
This was not accomplished, however,
without a spirited resistance on the part Of
two Of Bells lawyers. Barclay Henley and
Nj. q. Brady. Tie Western UuiGn Tele-
graph Company had no counsel 10 repre-
sent it, Alr. Jaynes undertook on the
WlJness-Stsnd 10 protect that COr9OratlOn' ;
legal interests, but he surrendered with
graceful rQuan'mity when the crisis came.
lie did not exhibit any disposition to suffer
maryrdom for the sake Of principle.
WITH the air Of a man who disiikes TO be
UnaccOumodatnL he produced q great
batch Of dispatches, which were eagerly
ppTused 10y Judge Murphy. but only Ian
guidly glanced al by his esteemed cOutem-
pOrarieS on The bench
LoNG-wINDED QUESTIONS.
TIE first question nat by Assistant Dis
was wider than a church door and deeper
than a we'll. Skinned To the bone, the in
Quiry was whether MT. Jaynes had received
the subpoena.
There were not less than 1000 words in
the second question Reduced 10 the pro-
portion Of a telegraph message, It's purpOrt
was whether he had with him the dis
patches referred 10 m a general way 10 the
subpoena. 10 both these questions Mr..
Javues, with a quiet and serene dignity, re-
piled that lie had.
viii you p oduce them ?" said Nj.
Hosmer.
Manager Jaynes at this point assumed the
attitude Of a defender Of his great trust. He
Gid not refuse 10 Oblge Mr.. H0smeI. But
he parted his thrust by his answer, which
was that the messages were privileged mat
ter, adding further that he desired the court
to pass on the question OF the sutliclency OF
the subpoena. As be spoke lie handed TO the
bench the subpoena, which he suggested was
more q the nature Of a search warrant than
a subpoena.
A LESSON N LAW.
This was a surprise to both bench and bar.
Tie Judges looked at the writ and the
counsel on both sides looked AT the judges.
The witness crossed his legs and looked as
though he was conscious he had impaired a
valuable lesson in law TO trained pTactl.
TONERS in the science.
Judge Murphy said he didn't perceive
anything defective about the document
At this point Counselor Brady of Chicago
was on his feet He desired to interpOse
lis advice as a friend Of the court lie
suggested that as a matter Of public policy.
we'll as law, II should be made apparent
10 the court that the matter in the tele-
grams proposed 10 be exposed to public
gaze was pertinent to the inquiry before it,.
But, replied Judge Murphy, 'the ques-
ton now is on the validity Of the subpoena 3"
In fV-f tod hat flfa g f,o
| law was 20 encourage commercial inter
course. and it would be contrary to this
policy TO make Western Union Telegraph
Company disclose the character Of its mes
sages TO the public.
Judge Murphy, after another conference
with Judges Slack and Trout, ruled that
the subpoena was defective and that Jaynes'
objection was good law.
PROSECUTION on THE BENCH.
There was pause at this. 1t looked as
though the prosecution was batflcd. Thi
Judge, however. presently discovered q
lOOphole for the District Attorney.
The witness" he said. has come into
court in obedience TO the subpoena. He
says be has the kilograms now in his posses
sion. If that be the case, he being in the
presence of the court we can make him
produce them without subpoena. | would
like TO hear from Mr.. Jaynes on that point"
Mr. Jaynes had nothing to say in reply to
THIS.
Mr.. Henley suggested that il Mr.. Jaynes
had not brought the kilograms he would
have subjected himself to being attached fol-
contempt.
Judge Murphy tlngrily) - Hasn't the
court a right to compel the witness TO give
any evidence lie has with him? The Court
will allow the District Attorney to ask the
witness if he has those messages?
TIE JUDGE MIGHT SELECT.
Mr.. Hosmer was a little diIatory in acting
on the hin:. He incurred the resentment oil
the Judge by suggesting that Mr.. Jaynes
pass up to the bench the kilograms and that
then the Judge could select those needed by
the prosecution.
Judge Murphy-But suppose Mr.. Jayne:
should produce a message having nothing tC
| do with this case, what right has the Court
| TO read it?
Mes.rs Henley and Brady having earn.
! estly objected TO the exhibition or introduc.
! ton Of tine kilograms on the ground tina
ffafr rpl Tar ia1sf I,,1 -.