The record-union., 1892-11-23

From these facts l must conclude that
he had no right whatever TO vote at that
election, either at that precinct or at any
other precinct in this county.
But HE IS ILLITERATE.
There is one fact connected with this
case which has given me considerable
anxiety. 1t is the fact that the defendant
IS wholly illiterate, that he Is a very ig-
norant colored man, and that when ne
voted he had no more idea of what he
was dong than a sucking babe; and
when he voted, or when his vote was put
III, ne was mere autOmaton, or machine
worked by some one on the outside; that
1t was not himself that voted, but it
was some else that voted for him and
who pulled the wires by which he voted;
as to whom that person is or was the
court VIII not pretend to determine, but
ii was someone other than Morse: it is SO
apparent that Morse is perfectly ignorant
OF the Law and of his rights and duties in
this matter, that he ought not to be held
accountable for his act. Now, ignorance
OF the law IS not an excuse for crime, but
when that ignorance is so dense that the
person IS incapable OF forming an intelIi-
gent intent l think it goes to his credit,
and for that reason only, and that he is
intellectually disqualified from deciding
how to vote, or knowing what he was
doing, must conclude it would be cruel
therefore order that he be discharged
THE CASE OF MILLER.
The next case is the case Of Samuel IT.
Miller. This is a case that is entirely dit
ferent from the last case decided it ap-
pears Irom the record in this case that
Miller Is man Of family; that he has a
wife and children. Now mans resi-
dence is with his wife and children; that
Is his natural residence. and his legal resi-
&c lafg fl !
Miller voted at the First Precinct OF the
First Supervisofal District, giving his
residence in that precinct at l0J5l second
street. The record OF his registration
shows that he registered from that place
IN August last. ii that registration WAS
true, and if his statement is true, he was
qualified voter in that precinct. That
house it appears in evidence here is
lodging-hOuse. The proprietor OF that
house testified in this case that Miller bad
never lived in his house, and that he had
been the keeper and proprietor Of the
same Tor year, and never at any time
during that twelve months had Miller
ever resided i'm his house.
Now, if Miller had resided in that
house with his family certainly the man
who keeps il would nave known it. In
addition 10 the testimony OF the proprie-
tor that Miller had never resided iii his
house, and Miller must be bound i'll this
case by his own declarations, made when
he registered and when ne offered his
vote, he cannot now say that he lived
anywhere else.
1t IS also shown by the prosecution that
within thirty days prior to the election
Miller resided with his family on Third
street, between il and J., place not
within the i irst Precinct OF the First Su-
peryisoral District. such is the testi-
mOny for the prosecution.
lne defendant has not ptfnraI ary- tarti-
mony to contradict the testimony Of the
prosecution; he las not made any effort
himself, as he had a right to do, to ex-
plain away this testimony, or any part of
it. L must therefore conclude that at
that time Miller voted at the First Pre-
clnct OF the First Supervisoral District
He VOTED ILLEGALLY,
Not being qualified to vote thereat. It
appearing to me that the oftense in the
within dispositions mentioned has been
committed, and that there is sufficient
cause to believe the within named Samuel
ii. Miller guilty thereof, order that he
De held to answer 10 the same and that he
be committed to the Sheriff OF the county
of sacramento, and that he be admitted
to bail in the sum of 81 900, and that he is
committed 70 the Sheriff of the county of
Sacramento until he give such bail.
DALEY HELD TO ANSWER.
Y.
This is case which has given me a great
deal Of concern. 1t appears from the
testimony Of the prosecution in this case
that this defendant, having previously
been a resident of the city of San Jose,
came to Sacramento some time about the
latter part of July or the lst of August.
That he came here merely as a prOspectOr
looking for 4 location or to find employ
ment or to go into business. Being with
out means he was taken in at a place
down at Fourth and = streets some
where, where he remained some five or
SIX weeks, and then he was employed by
the Guney Cab Company for a few davs
and lodged at their stables. From there
he removed to Nineteenth and l streets.
where he was employed for Il short time
at the American Laundry, and lodged
there. Then we lose sight of him for ten
or fifteen days, when he appears at the
International Hotel, and registered there
few nights as transient lodger. And
from there, by the charity of friend he
was lodged for a few days at the Windsor
Hotel. at the corner Of Eighth and
streets. None of these places except the
International Hotel are within the pre-
cinct at which he voted.
From the Windsor Il otel he went to the
west side of Third street, between and
X, another place not within the precinct,
where he offered his vote, and voted, and
was lodging there at the time of the elec-
ton. During the month Of October he
lodged several times at the International
Hotel, and all, except five days,
AS a TRANSIENT LOGGER.
From the 18th to the 18th of October. it
appears that he was put upon the books
as a regular lodger. Now, if he had a
present intention when he came 10 Sacra-
mento ninety days before the election of
making Sacramento his home, and if he
had a present intention when he lodged at
the International Hotel in September to
make this his home, he would be a quali-
fed voter in the Third Precinct Of the Sec
ond Supervisoral District. But against
this intention / find that on the llth dav
of October he registered at the Interua-
tional Hotel as being from san Jose.
Now, this negatives the present inten-
ton of making that place or Sacramento
his home; that he still considered himself
a resident Of Santa Clara County. The
defendant himself has testified in his own
behalf. and has corroborated all these
statements and entries OF the different
hotels as true, and admits that he came
from san Jose in search of work. and that
he registered at the International Hotel
on the lIth of October as being from San
Jose.
FROM THESE FACTS,
And under my construction Of the law.
he was not at the time he voted resident
OF Sacramento County or resident Of that
precinct within the intent and meaning OF
the law of this State regulating elections
and with the intent and meaning of the
Constitution. He may be an unfortunate
man who was out Of employment and
was hunting work.
He may be an honest man, but the evil
dence in this case shows that he is man
OF more than ordinary intelligence, hav-
ing been a newspaper reporter and ed
itor, and ought TO be informed of the law
and Of his rights under the law. 1t is a
case which I believe presents questions