The morning call., 1892-09-07

Carroll COOKS Badge. been removed from over
his head, the general interest in bis case has
waned and all attention was turned to John
McNulty.
Judge Murphy having continued the hear
ing Of Sidney Bells case to Saturday, Sep
tember II. District Attorney Barnes rected
the facts in the MeNulty case as have been
published in THE CALL.
Judge Murphy then called upon Nc
NUlty TO show cause why resentence should
not be passed upon him.
Carroll Cook, sprlnging promptly to his
feet, then read seven reasons why the court
had no jurisdiction in this case, and fol-
lowed these with seventeen examples from
other States 10 uphold his point.
At great length and with innumerable
quotations, be sought to prove that McNulty
had passed out Of the jurisdiction OF the
court, and admitting that the intent Of the
law might be thus eyaded, argued that 1t
was the duty of the Legislature, and not Of
the court 10 alter existing laws.
lie claimed that the sixty days having
elapsed since the original judgment and
sentence OF the court, his client was beyond
the courts future Jurisdiction.
Then ensued a series of ''fOr instance"
cases submitted by the Judge but Attorney
Cook declined to argue on cases in general,
and confined himself to the case in par
ticular.
Judge Murphy ruled that the appeal from
his court did not take from it the power 10
act; it merely stayed proceedings for the
time Of the appeal.
He was unable TO find anything in the
cases submitted by Attorney Cook which
bore upon the present case at all.
Atl o clock the court ordered recess till 2.
The Atterney-General was heard TO say
| that page had been abStracted from the
court records which bore upon This case.
District Attorney Barnes promptly called
| upon Attorney Cook to remain in court a
| few moments after recess, and there was a
| general pause among the outgoing spectators
| to watch the new proceedings.
Mr.. Barnes having gained the general
! attention OF the court thereupon formally
| notified Mr.. Cook that he had been COM
! missioned to present him with a token of
regard from various friends for his services 8
! toward humanity in general and John Nc
| Nuty In particular.
| The token took shape in the form OF
| badge-a circle OF gold, upon which was
| inscribed in sunken blue enamel: "Officer
| 10. Protection TO animals" Above n cross
| bar In the center was n brilliant set in a
golden star. On the reverse was inscribed,
Presented TO Carroll Cook by his friends
and admirers for his humanity displayed In
! bis efforts to save the life of John Nc
Nulty." Several ladies. Daughters of the
Good Shepherd and others, had slipped into
court aud were admiring witnesses of this
words which brought tears TO the eyes of
mum bers OF his hearers, returned thanks
for the gift. He had listened to the voice
of the Almighty, whose will it had been
that this man should not die, at least for the
present He had found him WITHOUT money
| ana without friends.
He had heard 1t said that there were sepa-
| rate laws for the rich and the poor, aud lie
was now testing the truth of the statement
After recess Judge Murphy announced
bis intention TO take no haste In the matter,
and that while he saw nothing in Attorney
Cooks arguments and illustrations to alter
his opinion, he would consider them more
fully and give his opinion On Saturday
morning.
The ease of Sheriff Laumeister was then
taken up.
The Acknowledgement moved that he be
punished for contempt of court.
Attorney Dorm at great length sought to
show the Sheriff was not guilty of con-
tempt. Judge Murphy ruled that while he
exonerated the Sheriff from any charge of
willful contempt and believed be acted con-
scientiously, he did not admit that he was
not guilty upon point of law.
The case was submitted for decision next
Monday,