The morning call., 1893-07-18
JUMPED ON HIM.
Judge Greene Flusters the
District Attorney.
AN OAKLAND COURT SCENE.
The Accused Alameda Supervisors
Have the Benefit of Court and
Able Counsel.

| raignment of four of the five supervisors
| of Alameda County to answer the charge
OF wilful misconduct in Office preferred by
the District Attorney in accordance with
the report of the Grand Jury.
The proceedings were begun before
Judge W. E. Greene. The four accused
legislators, w. S. Pelouze, Hiram Bailey.
| Bart Morgan and d. w. Martin. were
present. Their interests were represented
by j. c. Martin, attorney of the Southern
Pacific Company, and by the firm Of Reed
& Nusbanmer, composed of George W.
Reed, lately District Attorney, and Emil
Nus banner, lately Chief Deputy District
Attorney.
District Attorney Charles E. Shook. a
young man who was Township Justice
up to January 1, and Lincoln S. Church,
prosecutor of the Police Court, also young
man. appeared for the people.
Judge Greene announced that the case
| would pe heard by Judge Reynolds OF
Santa Clara County, who Is occupying the
bench as makeshift for Ellsworth. Hen
shaw and Ogden, the absent Superior
Judges OF Alameda County. and also an
nounced that the hearing would be de-
ferred until 1 80 o'clock.
! During the recess 1t was predicted by
politicians that the prosecution OF the
! Supervisors would come to naught, the
power of "the ring" being able to occasion
| such consummation. The declaration
was made. and not repudiated by auditors,
| that "the Courthouse" ran the politics of
the county, and that despite the mandate
of the Grand Jury that the four Super
visors in question should be ousted from
| power, "the ring" would so arrange it that
the action of the District Attorney would
be of no avail.
Laf1 81
court reconvened with Judges Greene and
Reynolds on the bench. Considerable sur
prise was manifested by attorneys present
that Judge Greene should take part when
he had failed to say that the case would
be heard in bank. More surprise was ex-
pressed that no special counsel, able to
cope with Mr.. Martin, had been associated
with Messrs. Shook AMI Church.
Lawyer Martin arose and began the
reading Of his demurrer 10 the information
of the District Attorney. During his re-
cltal he quoted from several authorities,
notably California 81 and California 62, to
disprove the accusation of the Grand Jury.
1t had been brulted that Mr. Martin
would attack the legality of the report of
the Grand Jury, impugning the eligibility
of Foreman l.. A. Booth. 1t had been
published and made a subject of gossip
that Mr.. Booth was not taxpayer. How
ever. MIR. Martin was silent on that issue.
MIR. Booth was present within sound of
Mr.. Martins voice. Attorney Martin con-
tented himself by attacking two asseyera-
lions of the rmation-first, that the
Board of Supervisors had given post
facto authority for tho publication by two
Alameda dailies of the election proclama-
ton of 1892, and second. that even If the
improvement we're legal the claim III each
case, to wit, S1326 60, was unjust aud exor-
bitant.
In support of his first premise MIR.
Martin alluded to a decision in California
| 81, where jail work had been done in Sac
ramentO without the sanction Of the Board
| Of Supervisors, and afterward that body
had conferred an authority for its per-
| formance He also called TO his aid case
in California 62, where gas had been fur
| nished the city Of San Francisco after a
contract had expired, vet the Board Of
| Supervisors had allowed claim for that
service. Notwithstanding that no rig ht had
been granted the gas company to provide
the municipality with that supply In
| both instances the Supreme Court had
| upheld the boards respectively.
During Mr.. Martins argument Judge
Greene interested himself in the conduct Of
! the controversy much more than did the
| Santa Clara Judge.
District Attorney Shook, who also had a
formidable stack of lawb0oks before him,
then took the floor. Mr.. Martin had con-
| al Ia.
| Unlike Mr.. Martin. who spoke easily
and evenly. using the most incisive OF
| language. ana talking at all times softly
yet distinctly. Mr.. Snook was throaty,
| and his words came haltingly and were
| lowly enunciated. To add TO his plight
Judge Greene soon evlnced peculiar de-
| light in imam adverting upon the construc-
| ton of the District Attorneys informa.
| tiOn.
| Mr.. Shook traversed feebly Mr.. Martins
demurrer. He cited several authorities.
| notably California 2, in support of his
| plea that the four Supervisors should be
| held to strict accounting in conformity
| with the Grand Jury's verdict
Judge Greene's demeanor quickly gave
| the impression TO the spectators that the
| case would never reach trial jury. lie
virtually bella bored the unfortunate ady3-
cate Of the people. In this attack he was
assisted somewhat by his associate juris:,
The point tiat Judge Greene made against
District Attorney Shook was that the
Supervisors had adopted resolution al
lowing the claims Of the two Alameda
dailies aforesaid, changing the minute
book of the board to antedate the empow
erment previous to the November cleo
ton. and that said accusation nowhere
alleged that the board had ever commits
stoned any other publication 60 print and
circulate the information.
Mr.. SnOok found IL impossible to meet
the objections rapidly raised by Judge
Greene on this tissue and was finally forced
to ask for continuance, to the end that
he might IL possible be better qualified to
Quash Mr.. Martins demurrer. He took
less than one hour in his pleading and
closed about 5 o'clock.
The court adjourned further hearing to
9 80 o'clock tomorrow morning.
1t is now promised that additional coun
sell will cooperate with Mr.. Shook. Carroll
Cook may be engaged.
Tomorrow Mr.. Snook is to claim that
section 1865 of the Political Code is man
datory as regards the Board of Super
visors, and that if lie had omitted in his
information the fact that the board had
designated certain papers to publish the
election proclamation. still tho truth was
not TO be gainsaid that Alameda County
had an official paper.
Section 1856 of the Political Code pro-
yides and orders that an election procla
nation of the kind in dispute must be pub
lished by the Board Of Supervisors in some
paper, if there is one published in the
county
Should MIR. Martins demurrer be sus
tanned by reason Of technical objection to
the composition Of the District Attorneys