The morning call., 1893-11-25
County Clerk Crane Upon the
WitneSs-Stand.
HOW HE KEPT THE MINUTES.
Rulings in Favor of the Defense That
Were Made by the
Court.

tLial JOotCludy III Odkiduu OclUIo Luo
Superior Court in Judge Greene's depart
ment. on charge of willful misconduct
in Office. Morgan and three other Super
yisors, Martin, Bailey and PelouZe, were
indicted by the late Grand Jury on this
charge. arising out of the payment of
S1326 60, TO each of two daily papers pub
lished in the town Of Alameda. for printing
and publishing the election proclamation
In October and November, 1892.
A few days ago a demurrer to the COM
plant was overruled by three Superior
Judges sitting in bank, and the actual
trial of the case commenced yesterday
morning by the impaneling of a jury.
Supervisor Morgan and the other Super
visors who are charged with the same
offense were present in court. Morgan
was represented by j. G. Martin, George
w. Reed and Emil Nusbaumer. District
Attorney Shook and Lin Church had
charge of the case for the people.
Out of the first panel of jurors but two
were accepted, both sides making free use
Of their challenges.
The second panel resulted more success
fully. four additional Jurors being ac-
cepted, and when time for the noon recess
had arrived spenAS aalre for fifteen ad-
ditlonal was orlr and out Of this lot
the jury was C ted. 1t was com.
posed as follows:
E. ]. Bates, P. Consadine. E. lie Ballister,
John Troy. John Whalen, James A. Col
lins, Max Greenh0od, +. Newland, j. l..
Mccarthy. A. c. Newman. E. Nj. Cannon,
II. B. Sears.
After the reading of the accusation by
the clerk the District Attorney made the
opening statement for the people. MIR.
Shook said the decision of the court on the
demurrer flied leaves two facts to be deter
nn6 hnth ho ord dzfC
yisors had authorized the claims of the
Statesman and Argus for publishing the
election proclamation. Weexpect to prov
that at the time when the resolution was
passed to print the proclamation in four
daily papers published in Oakland,
Morgan was the chairman of the board !;
that at a subsequent session another reso-
luton was passed to print ii in all weekly
papers at cost not to exceed $40, and
with the exception of these two resolutions
no further action was taken by the board.
''Along in January the publishers of the
Alameda papers filed claims for publish
ing this proclamation, That when they
came up for consideration the Board of
Supervisors passed resolution, that the
publishers had been previously authorized
to print them, but that the resolution b ad
not been inserted in the minutes. An
opinion was filed by the District Attorney
that the board was competent to order the
payment of these claims If the clerk had
failed to insert the resolution in the min
utes.
Now. as TO the second contention that
the charges were eXorbitant. These
papers never set up one line of the procla-
nation. The publishers bought it at a
low price from the Oakland papers. and,
consequently, their claim was exorbitant.
Furthermore, that they had no right to in
sert the boundaries of the precincts. and
that while the rates was seventy-five cents
per square for the first insertion, and fifty
cents for each subsequent insertion, these
charges were in excess. first for the gross
cost OF publication, second, excessive
charge for publishing boundaries, and
third that the charge was higher than the
legal rate"
County Clerk James E. Crane was the
first witness called. Mr.. Crane testified
Board OF Supervisors and he has been
such for three years and some 10 onthS.
He Identified book ii of the minutes of the
Board of Supervisors covering the dates
mentioned in the accusation. Supervisors
| Bailey, Brown, PelouZe and Morgan were
present at the meeting on October 10.
1892 when the election proclamation was
ordered printed in the four Oakland news
| papers.
The minutes were offered in evidence
| and admitted. Mr.. Crane then continued
his testimony, reading from the minutes
MI tio lCoOiutiOue VI buc DUhEu bUhb dp-
peared In the min innte-b0Ok relating to The
matter OF publication. A lengthy argu-
ment ensued between counsel, relative to
the attempt of the District Attorney to
prove that there were no further resolu-
tions bearing upon the election question
brought up before the board, and the
court sustained the defense.
The objection of the defense to the re-
levancy of all matters relating to the pub
lication OF the proclamation in weekly
papers was sustained by the court.
County Clerk Crane also identified the
minutes OF the meeting held March 6. 1898,
when the resolution reclting the fact that
the action of the board in ordering the
publications of the proclamations in the
Alameda papers did not appear IN the min
utes of October 10, 1892. and ordering that
the resolutions be spread upon the minutes
of the later date authorizing the payment
was put in evidence. The claims were
also offered, together with all indorse-
ments. One of these was by District At
torney Shook to the effect that the audit
ing committee of the board "had exam-
ined, allowed and ordered them paid in
accordance with the opinion of the Dis
trict Attorney"
and ex-District Attorney Reed bearing
upon this question and sustaining the
power of the board to thus aul hOriZe the
payment OF claims were also accepted in
evidence.
But the surprise of the day came on the
cross-examination of Clerk Crane. After
few preliminary questions Mr.. Martin
asked Mr.. Crane If there was any action
taken by the board at the meeting of Oc-
tober 19, 1892, relating to the Alameda
papers.
''Mr Martin kicked" said Mr. Crane.
because the Alameda papers were left
out in the cold. Martin then made mo-
tion, seconded by Pelouze. that the Ala
media papers be also authorized to publish
the proclamation. Chairman Morgan said
If there was no objection it would be SO
ordered"
District Attorney Shook vigorously OBJ
jected to this statement, but Judge Greene,
as before. decided iD favor Of the defense,
he overruled the objection. and Clerk
Cranes statement went into evidence.
Further examination of Mr.. Crane de-
veloDed the fact that he did not write up
the minutes of the meeting as they ap-
peared in the minute-book. 1t was done
10y deputy named Hughes. who compiled
Item from memoranda and petitions on
file. Crane stated that he did net at the
time realize the impOrl ance of the resolu-