The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-11
ALL OVER JORDAN.
Did He Sign That Saloon
Bail=BOnd ?
HE SWEARS THAT HE DID NOT
Considerable Cross-Swearing, and
Judge ConIan Denies the fiction
to Dismiss-1o Be Continued.

The preliminary examination into the
charge of perjury against j. B. Jordan,
for swearing falsely to bond for the re-
lease of Clinton r. Smith. was resumed
before Judge Conlan yesterday.
Attorney Long asked for q ruling on his
motion 10 dismiss the case.
Prosecuting Attorney O'Keefe asked to
be heard before the ruling was given. He
argued that the evidence 10 hold the de-
PENDANT was sufficient. There was the
testimony of one witness. Clerk J. Il.
Stevens. which was straight, clear and
convincing, and documentary evidence in
the shape of the bond itself. Besides, it
had been proved that the defendant on
the night in question was seen in the
place where the bond was signed.
There is another point" said the pros
ecuting attorney, "about which l dislike
speaking. The witness Frey an officer of
this court, while giving his evidence,
squirmed like an eel on hook. He did
not dare 10 testify as 10 the truth or to
recognize the defendant, because he him
self is guilty and the truth would revert
against himself and form an indictment
against him in the Superior Court.
Frey, although requested by Detective
Hogan to go to the City Prison and iden-
tify tie defendant and promising TO do so,
never carried out his promise.
II contend that Frey is not TO be be-
lieveG. as Eis every net shows that he was
in COLLISION with the defendant, and that
therefore the mo ton 10 dismiss should not
be entertained"
Attorney Long said he thought there
would be no necessity for any further ar
gument after what he said The previous
day.
ANY person." he said, coming into
court of justice and listening to the testi-
mony of Frey and Stevens would say that
Of the two Frey was speaking the truth.
The court cannot point TO any cOntradic-
lions by Frey, whereas Stevens Contra
dcted himself four times as TO what Oc-
CURED in the little room at 10 Third
street"
He contended there was no corroborat-
ing circumstance, and asked that his mo
tion for a dismissal be entertained
Judge Conan said: 1T is my duty to
ascertain in the first place whether or not
n crime has been committed. / am salts
fed there has been crime, an outrageous
crime, committed.
Il have next TO ascertain whether or not
there is reaso enable belief thai the de-
PENDANT is the person who committed the
crime.
The prosecution has brought forward
the evidence of the clerk of the court that
the defendant at the bar acknowledged his
olEHdLult ~ tue UOlu III HIS pltScilCt anu
took the usual affidavit Then he id emit
fed the defendant in the City Prison. The
bond is corrobOrative evidence of Stevens
testimony.
The prosecution also brings two officers
into court who were in the saloon. Whit
taker testified that he saw Jordan there
and Seymour that he saw Frey there.
Frey Is as positive that the defendant
is ct the man who signed the bond.
Now, as 10 tie object of Stevens and
Frey in giving their testimony. The de-
PENDANTS attorney says that Stevens wants
TO protect himself from losing his posi-
ton, and the counsel for the prosecution
claims that Frey wants to protect his
liberty. Now which has the most at stake
IL have thought considerably over this
testimony, and have come TO the conclu-
sion that it is my duty to deny the mo ton
of the defendant 70 dismiss, therefore the
motion is denied"
1--WE except" remarked defendants at
torney.
The defendant, Jordan, was then put on
the stand. He said he never signed the
bond and never saw it before it was shown
to him by Detective Hogan in the City
Prison. He never qualified on the bond
and never saw Stevens until he was in the
City Prison. He might have been at 16
Third street on the night In question, but
he did no see Stevens there.
In cross examination he repeated his de-
mails. He admitted being introduced to
Officers Whitaker and Seymour at IL
THIRD street, but he could not say what
night it was. On that occasion eight or ten
men were in his company
Attorney Frey repeated the testimony he
gave on Tuesday
As the defense had more witnesses to
examine the further hearing was adjourned
until to-day.