The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-10-04
WILL "sIUFFERs GO FREEa
A Lively Kumpus over an Attempt t
Dismiss Them.

viii the suffers be prosecutor
An attempt TO dismiss the charges against
the eight heelers of the Kelly Crimmins-De
Young iunta, WHO were arrested Saturday
while registering illegally. was made yes
terday, and resulted in some unexpected
and rather lively developments.
First there was an impromptu slogging
ARRAY, and later there was an imposing
array Of representatives Of the Reorganlzea
Democracy to confound and oyerwhelm the
minions from 16 Third street, who pro-
posed to throw the cases OF tnelr siunefs
out of court
Tee cases of William Solomon, William
Collins. Bernard BjeEke. William Hunt.
Frank II. Lambert, John Russell, George
w. Waite and w. T. kavanagh, charged
with registering Illegally, came up on the
calendar of Department OF the Police
Court yesterday morning.
Just before the morning session closed
Prosecuting Attorney Stevens moved that
the cases be dismissed, because complaints
had not been fled.
Attorney A. 4. Barnett. counsel for the
defense. Joined in the request for a dis
missal.
Young Andrew Jackson Clunie was quick
~ on his feet, shouting loudly IN opposition
to the motion.
Judge Joachimsen at first refused to listen
to Clunie. saying that he had no authority
to appear as a special prosecutor.
Tie court went ON to say that he felt that
he ought to entertain the motion, as lhe
Prosecuting Attorney was sworn oncer
| of the court entrusted with the prosecution
| of criminal cases.
motion.
"Where are the defendants? Are they in
cOurt9 asked Clunie.
1.-The defendants are in court, said Ste
vens. .
"They are not" insisted Clunie. THE
six men released on bonds are not here, and
] insist that in felony cases the court has no
right to proceed in the absence OF the de-
PENDANTS. ask that they be called at the
door"
''lf you want to see these men you can
look for them Yourself" was Stevens re-
ioinder. "The officers Of this court are not
TO become detectives 10 do your bidding.
CIunie referred to Stevens as a shyster.
adding that he would not be dictated to by
such people.
Scarcely had the words left Clunie's lips
before Stevens dealt him blow that landed
short and struck his shoulder. There was
railing between the attorneys, and before
they could come to close quarters the off,
ceIs of the court interfered and restored
order.
Stevens promptly apologized to the court.
and drew several gold pieces from his
II am sorry, your Honor" said he, ''for
what has occurred. but You we'll know what
the epithet of shyster' means to areputable
attorney. am ready to pay tine."
Never mind il now, said Judge Joac h.
imsen; Il will attend to that matter to-
morrow morning"
Then the attempt to summarily dispose of
the suffers cases was resumed.
Stevens and Ciunie both had considerable
to say. but it was only repetition OF their
former statements.
Cunie started in on new tack.
He declared that the court had no juris-
dictiOn in the cases, as the defendants had
committed an offtnSe against the Govern
ment and should be tried IN Federal court
''Then the cases should be stricken from
the calendar and dismissed here" WAS the
cool retoTt of the prosecuting attorney.
Judge Joachimsen took the matter under
Amusement until o'clock in the afternoon.
At that time there were Te-enfOrcements
for Sullivan, Dryer u Co, IN the persons
OF Sullivan and Dwyer themselves.
Clunie was also there, but was careful
not to sit within reach OF the muscular pros
eeutng attorney.
Collins and Solomon. the seedy suffers,
who had not been bailed, repOsed in the
dock.
For twenty minutes the opposing repre-
sentaiives of the Recognized Democracy
and the regular" Republicans held an in
teresiing leVee.
Upon climbing to the bench Judge
Joachimsen exposed his ignorance Of the
law by asking for information. He wanted
to know under what statutes the defendants
were being prosecuted.
Mr.. Stevens volunteered the information
that the crime charged was set forth IN the
Penal Code under the head Of the elective
franchise.
There was a momentary hush Of expecta-
ton as the leader OF the new political firm
of Sullivan, DWyeT & Co. arose ana cleared
his throat for action.
Il desire" began the ex-Superior Judge,
''t0 say right here"
I'VE do not recognize you as a prescott
ing officer Of the court" interrupted
Stevens.
Sullivan turned to the court and asked
these two pointed questions:
"Are these people present2 Do you in
tend 10 libeTate them?"
IL" stammered Judge Joachimsen, 81
do not know"
Sullivsn-Tf your Honor is to liberate
these people unadvisedy-
The eouri--I am not going to proceed un-
advsedly. l shall not pass upon the matter
at all II the cases are not properly On my
calendar.
Sullvan-The Prosecuting Attorney de-
clines to recognize me. As far as that is con-
cerned l desire TO say that an officer clothed
10 such high and mighty dignity as prose-
cutting attorney of the Police Court
No more recrim nation, If you please.
Steyens-l am the prosecuting attorney
OF this court and am here TO represent the
people. l have right to object to inter-
ference on the part of any one else.
Judge Joachimsen-EYery reputable at
toTney has right to address the court.
Snllivan-I desire to say, as citizen and
a member of the bar, that there would be
an injustice if these defendants are allowed
TO go free. There are proceedings pending
elsewhere. Your Honor would err to dis
charge the defendants, especially as they
are wanted by the United States authori-
ties. / have no desire to show any disre-
| spect toward the court or any OF its officers.
When the defendants were admitted to
| bail by Judge Love-" said Clunie, they
promised to appear whenever wanted.
| Where are they?"
Barrett-They sre IN the lodging-houses
where they live and will be here whenever
| summoned.
| ton to dismiss until | have thoroughly ex-
| Rmined the matter.
Clunie-I simply ask that the defendants
! be called at the door.
The court-That is within the province of
the Prosecuting Attorney and no one shall
usurp his functions.
| Steyens-The men were here this morn
| ing. saw them.
Clunie-They were not here.
The cOurt-During the two years Mr..
Stevens has been in this court he always
conducted proceedings properly. / have
the utmost confidence in his integrity and
| believe what be says. That settles the
| question.
Sullivan made few inquiries about the
bonds, and Stevens said they were gilt
| edged-worth 100000
Judge JoachlmSen said lie would decide
the motion to dismiss tomorrow morning.
"Will the defendants be here?" asked
| Dryer.
Yes, / suppose 81" answered the court
| May we proceed With the regular bust
| ness OF the court" asked Stevens.
Sullivan, Dwyer d Co. took the hint and
hastily left the courtroom and the building.
SELECTING THE nFEICPRa