The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-11-21
MUST STAND TRIAL
Supervisors Demurrer Is
OVerruled.
horSecars Withdrawn-An Action for
LibeI-The Thornton Estate.
Alameda County Notes.

OAKLAND.-The demurrer TO tue accu-
sation against the four Supervisors was
overruled yesterday afternoon.
Judges Reynolds. Greene and ogden
have finally arrived at conclusion and
now the four county lawmakers must
stand trial for malfeasance IN office.
The particular offense with which these
men are charged is having paid to the
Alameda Argus and Alameda Statesman
$4,000 for publishing the election proclama-
tion last fall The Grand jury concluded
that the manner in which this money was
earned was both unauthorized and unlaw-
full.
The conclusions of the three Judges as
given out yesterday overruled the de-
murrer, claiming that the Supervisors had
authority to print the election proclama-
ton in newspapers and to pay for it, but
had no right 10 pay for a publication not
previously authorized.
1t was also held that the averment of
the Grand Jury intended to charge will
full misconduct.
1t had been known for some DAYS that
the demurrer would not be sustained, and
consequently the official announ cement of
such conclusion was not altoget
surprise.
Judge Reynolds announced that he
would read an opinion prepared by him
setting forth his views of the case.
Through a somewhat different line of
argument Judge Ogden had arrived at
Judge Reynolds conclusions. Judge
Greene thought differently about the case.
The majority, however, agreed in over
ruling the demurrer, and the decision
stood.
Judge Reynolds read the greater part of
the accusation and commented on certain
sections.
He held that the law required that in
election proclamation in but one paper
was all that was permitted. In a general
election, however. the Supervisors were
given a general discretion.
The closing words of the decision were
as follows:
We are of the opinion that the claims allowed
could not be legal charges against the county
unless the publication in these papers had
been previously authorized by tile Supervisors.
The mere allowance of unjust and illegal
claims, however, DOES not amount 10 malteas-
ance in office under the sections of the Penal
Code providing for these accusations by the
Grand Jury.
Ii must amount 10 willful ana corrupt mis-
conduct
The averment now under consideration
charges the defendants with having voted 10
allow these claims without previous authorize
tion.
This Is all that is asserted in connection with
being wlful or corrupt.
Whether the general charges OF allowing
these claims, knowing Them TO be illegal, I'M
just, etc, above quoted be applied to this
aveiment or not, the Supervisors having recited
the previous authorization as their warrant we
LIilnB the charge sufficient unless defeated by
subsequent statements
After stating hai the members who voted for
tie allowance OF The claim well knew that the
services Tor which the claims were presented
had not been previously authorized il is
asserted that il did not appear TO the board or
Its members when they voted for the resolution
that the publication had not been previously
aEIborized.
7 il is quite probable that the last mot" was
inserted through tnadvertence, but, it being
, there, must be read as If placed there by design
Sunless II clearly appears TO have been clerical
nhitake.
Nudge Greene announced that be had in
vited Judge Reynolds to try the case.
The attorneys agreed to this. and Mr..
Martin for the defense took exception to
the everything of the demurrer, and Gu
tered plea that the facts set forth in the
accusation were not true and that the de-
PENDANTS were not guilty.
A motion for an early trial was made,
and Judge Reynolds fixed upon Friday
next as the day. The trial will be before
jury.
Judge Ellsworth's position in this case
has not been thoroughly understood. He
issued the writ to County Auditor Whidden
ordering him tC pay down the warrant for
show why he did hot do it.
The Judge says THIS was only a legal
proceeding and in no way adjudicated the
claim.
Sued for Criminal Libel.
Something of sensation was created
yesterday by the news that Fred f. Emlay.
who was assistant to Manager COlQuhoun
of the Alameda exhibit at the Worlds Fair.
had been sued for criminal libel and had
left Chicago before his trial came off.
The particulars of the case were that Mr..
Emlay took a dislike to Miss Dorrance. a
lady who was also employed in the Cal
ifornia building and took TO writing an
0nymous letters to injure her reputation.
He is accused of writing one to Miss Dor
RANGES father telling him his daughter was
: living with a man illegally, and another
to Captain John BOnfield of the Columbian
Secret Service claiming that the young lady
was thief and an expert pickpocket. He
also stated that she and her m ale friend
had shipped stolen goods 10 her ONE and
other places.
The young lady's characte was investi-
gated and found to be good.
e. The handwriting looked like EmIay's
: and letters vi his were obtained and the
chiIography compared. They were SO
much alike that Emlay was arrested and
his trial set for November last 1t was
put over to the 18th at his request, but
when the date came lie had gone to Cal
ifornia.
Mr.. Emlay was interviewed by a CALL
reporter yesterday and he denied writing
the letters. but said be had been arrested
and left before the trial at the solicitation
of friends and because he was out of money
" and the Alameda County exhibit had been
attached. He said lie never had any but the
kindliest feelings for Miss Dorranee, and
is ready and willing to go back TO Chicago
and stand trial. He says the whole affair
is mistake and the most foolish thing in
the world to suppose that man would
write in his usual hand when he was doing
anything of that kind. Mr.. Emlay has
many friends. who believe him innocent
and think he will soon be out of trouble
The details of Mr.. Emlay's story are very
complicated, and he says some body is try
ing to iDjure him so as to spoil his chances
of getting any control at the Midwinter
:. Fair
After Thirty-Two Years.
The estate of man who died in 1861 is
: just about to be settled. The man was
Harry l. Thornton ST., and all his prop
efly except his law library. which went to
his son. Harry J. Thornton Jr.. was given
to his widow, Lucy c. Thornton, who was
xyifh