The record-union., 1892-05-07
LAWYER STONE PROTESTS.
He Declares He Was InsuIted by Un-
der Sheriff Bugbey,
And Brings the Matter Into Court
Rules of the County Jail-As-
suaged by the Court.

Frank NJ Stone, the San Francisco at
! torney, who has recently been retained
to assist in the defense of III. j. Palmer,
who killed Charles Phleger, walked into
Superior Judge Van Fleets court yes
terday forenoon looking exceedingly
wrathy.
He insisted that the court should hear a
matter he desired to present, and hear it
Immediately. my rights as an attorney
have been insolently disregarded by an
| officer of your court, and demand that
[ be accorded the privileges of my pro-
fession." Continuing, Mr.. Stone said
he had been refused the privilege of con-
sulting privately with his client by I'm
der Sheriff Bugbey. He said that while he
was conversing with his client Mr.. Bug
bey had rudely broken on them and
locked his client up.
Judge Van Fleet said he would hear
the matter in the afternoon, and Mr..
Stone departed. at 1:30 o'clock the attor-
ney was back again, his ire having in no
degree subsidized He was ACCOMPANIED
by Attorney a. j. Bruner, and each was
armed with affidavits, the contents OF
which set forth the complaint of Mr..
witness to the proceedings.
The Under Sheriff was sent for and be-
Ing sworn took the witneSs-stand. In
answer to inquiries regarding his con-
duct the officer said that Mr.. Stone called
at the County Jail to see Palmer at 10 A.
NJ. yesterday and was shown in courte-
Ously. a few minutes later Jailer john
son reported that Mr.. Stone desired a
private interview and requested that he
be allowed to use the dinlng-room. This
request was granted, and the two occu-
pied the room uninterrupted until IL
O'Clock, when Mr.. Bruner appeared on
the scene and asked to be allowed to
enter the dining-room for further delib-
Grafton with counsel and client.
Il informed him." said Mr.. Bugbey,
''that it was almost dinner time, and that
we would soon be obliged to use the
room; however, that [ would give them
half an hour more time. Mr.. Bruner
protested that he could take all the time
he desired. At half-past II o'clock I Or
dered Jailer Johnson to notify the attor-
neys that we must have the dining-room.
They refused to vacate, and not until I
threatened to lock their client up did
they relinquish their purpose OF violating
the prison rules"
Continuing, Mr.. Bugbey said that un-
usual leniency had been exercised in
Palmer's case, and on account of the
numerous persons who called to see him,
the Sheritf's Office had been put to a great
deal of extra trouble and annoyance. But
the deputies had all been kind, and had
not kept Palmer down to the strict rules
of the jail. He had been permitted to
leave his cell and use the Sheriff'S private
office in writing letters-and he wrote
hundreds of them. There were sixty
two prisoners in the Jail, said the Under
Sheriff, and only one jailer was on DUTY
q q q fN fo1-
this jailer away from the prisoners to
take care of visitors. But in Palmer's
case they had permitted his attorneys to
visit him even after visiting hours. AS a
rule visitors were allowed in from to IL
o'clock in the morning, and from to in
the afternoon.
Mr.. Stone-Didn't l send you mes
sage something like this: "Mr. Stone
sends the Sheriff his compliments, and
asks for further time to consult with his
client?''
MIR. Bugbey-I didn't get any compli-
ments. The lailer told me that you would
not go, and l said you would either have
to go or we would lock the prisoner up.
1t was dinner time, and we needed the
dining-room.
Il didn't know you had a dining-room
or that | was intruding," said Mr.. Stone.
well, you know it now, then," re-
torted the Under Sheriff. Then Mr.. Bug
bey proceeded to relate some of the many
annoyances the Sheriff's office was put to
by attorneys and others who desired to
enter the Jail after hours. A great many
called who had no business there. Often
times the officers caught them bringing
in whisky, and fired" them out,
''Did l ever bring in any whisky p"
asked Mr.. Stone, jumping up again.
Judge Van Fleet interfered and said the
whisky had nothing to do with the pres
ent controversy.
II want to show the animus of this
Office" said Mr.. Stone, impatiently. II
will show to the court that this prisoner
is not accorded the privileges of COM
mon criminal. More than that. I will
show that petitions have been sent to the
Sheriff asking that such treatment be ac-
corded Mr.. Palmer"
Judge Van Fleet said he could not 90
into matters of that kind. The Sheriff
was responsible to the law for the safe
keeping of prisoners, and had the right
to adopt such rules as he deemed neces-
sary. But he was required to give attor-
neys reasonable length of time in which
to consult with their clients, and it was
on this point only that he would hear
any statements.
District Attorney Ryan came to the
rescue of the Sheriff7s Office. He said
that Palmer was charged with the most
serious crime known to the law. and it
was quite necessary and proper that the
Sheriff should adopt his own methods
and rules for the safe-keeping of such
prisoners.
Attorney Bruner said that Mr.. Bug
bey's message to them was that they
should not be allowed in the jail over
half an hour, and he did not care
whether they were attorneys or not.
They would have to get out of the jail or
the prisoner would be taken from them
and locked up.
Sheriff Stanley took the witness-stand
and made a brief statement in corrobor-
alton of what Mr.. Bugbey had said about
the treatment of Palmer and his attor-
neys. He was not present during the
squabble between Bugbey and the attor-
neys and knew nothing about it.
Judge Van Fleet did not think the
rumpus amounted to anything. He
soothed both sides. The attorneys, of
course, should be treated courteously
and should be permitted to consult with
their clients without interruption. But
at the same time the Sheriff, in order to
have proper custody of his prisoners, had
to adopt certain rules. and they should be
obeyed by persons visiting the jail The
Judge dismissed the matter, and advised
both sides to keep cool" and have no
further trouble.