The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-11-10
CLARKE RELEASED
The Counselor Given Ten
Days Time.
MUST FILE HIS SCHEDULE.
Judge Murphy on Judicial
Courtesy.
1T is NOT EXERCISED HERE.
The Del Norte Judge Felt Annoyed at
the Action of Judges Trout
and Coffey.
MUST FILE HIS SCHEDULE.
IT is NOT EXERCISED HERE.

Counselor Alfred Clarke sat mute and
humble beside his attorney. Frank NJ.
Stone, in Judge Levy's courtroom yester-
day morning awaiting the coming of Judge
Murphy of Del Norte to decide his fate.
1t was on the application Of Mr.. Stone,
made the previous day. supplemented by a
recomm endation from Warren 0lney, re D.
resenting the creditors. that Judge Muir
ply had consented to take ClaTke's case
under adViSement and decide whether or
not he should allow the counselor ten
days extra time to file the schedule OF his
assets and liabilities for the benett Of his
creditors or &c hack TO Jail for contempt OF
court in not having obeyed the order or
the court IN the first instance. The thought
that tw Judges of the Superior Court had
extended clemency to Clarke against his
(Judge Murphy'S) expressed wish and de-
sire annoyed the Judge not little, and
the aged counselor was by no means conf
dent that this, his third appearance before
the Del NOrte Judge, would be any more
successful than The first.
Clarke positively shivered as the stall
wart Judge entered the courtroom, in
company with Judge Levy, and took his
seat on the bench. The counselor was
com Dletely abashed and forgot even to
wink and make faces at the spectators as
Judge Murphy, without any preface,
called him up. He rolled his eyes and
leaned for comfort on The arm Of his attor-
ney as Judge Murphy adjusted his spec
taces and read the following remarks:
Mr. Clarke, this is the third time you have
appeared before me IN The matter OF contempt
Until yesterday you were contumaclous aud
bade defiance 10 lawful mandate Of this court.
Your contempt has been open aud notorious.
In open court you absolutely refused to file a
paper which you acknowledged you had pre-
pared and which was In your possession. That
fact was recIed in the warrant of commitment
which also showed how much you were at
fault, how much you insulted the dignity OF the
law, OF which l was merely the repI esentatlYe.
Yet you succeeded In procuring several days
liberty through the grace of judicial power eX-
ereised outside of Department 10 of the SUI
per0r Court of this city and cOunty. may be
stranger 10 the courts and attorneys of San
Francisco. asiTemarN ed by one OF the Judg 5
exercising lentency toward you, but | am no
stranger TO tile principles OF Judicial comfy and
courtesy which should be extended from one
court TO another.
The refusal or omission to perform a reason
able, just and lawful mandate by an attorney,
when he has The power TO perform the act
ordered to be zone, strikes at the very heart OF
law and order and paralyZeS the powers OF the
court. Ii affects not only the Judge presiding
but every other Judge OF equal jurisdiction IN
the land.
II duy mercy Cuuiu DC SuOHus 1t huulu COuHc
with better grace from the committing Judge
than any other magistrate. ! grant the request
OF your counsel for ten days additional time "a
HE the schedule and inventory OF your prop
erty, not ouL of any consideration for you, fol-
you deserve none, but for your counsel, backed
by he consent of your creditors, who are the
parties most Interested. The contempt pro-
ceedings will still be over you. and if there is
any power in Department 10 OF this court, you
Will be promptly imprisoned if you fail 10 avail
yourself of this your last chance 10 obey the
order of this court and purge yourself OF con-
tempt.
Then. addressing Mr.. Stone, the Judge
said: Il shall remain in the city myself,
Mr.. Stone, in accordance with your ex-
pressed desire, until Monday week, when
Mr.. Clarke's time will be up. and by
which time the schedule must be filed.
He will then appear before me and shall
myself purge him OF contempt il the order
of the court Is obeyed."
By this time Counselor Clarke had found
his courage, and with that his voice.
wish to say that | never meant any disre-
gard to the court Alfred Clarke has
always been"
Interrupted Judge Murphy, "and file that
schedule" Clarke said no more, but
shuffled off with his attorney, thinking
what lucky escape he had had AMI what
long time it would be before he again
ventured 10 request Judge Murphy of De-
NOrte TO kindly note an exception"
1t was remarked afterward by one well.
known legal luminary that nice cOnsttu
tiohal point was involved in the fact thai
thirteen Judges sat on the bench yester
daV,