The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-04-09
WHO is TO BLAME ?
Papers in the Antoine Case
Found.
IN COUNTY CLERKS OFFICE.
Alteration OF the Date of the Offense in
the Original CompIaint-Another
Point for Investigation.

The missing papers in the case OF F.
Antoine, charged with feloniously assault
ing 14-year-old girl. have come to light
They were found on Friday afternoon in a
pigeonhole in the County Clerks office
among papers in cases which have been
disposed of.
The presumption is that the papers were
put there not in the interests of justice. but
1t is mystery how they got there and by
whom.
Clerk MahOney of Police Court has ad-
| dressed letter to the foreman of the Grand
Jury on the subject, explaining his version
of the affair and demanding the fullest
investigation.
Attorney Pistolesi, who was counsel for
Antoine, denies emphatically that he had
anything to do with the disappearance Of
the papers.
after Antoine was held to answer" he
said to CALL reporter yesterday, II APP
Piled for writ of habeas corpus, basing
my application on the ground that the evil
dence in Police Court was not sufficient to
hold the accused. The evidence in the
case was at that time produced but the
application was refused.
-Four days before the expiring of the
thirty days in which the information has to
be filed went to the District A attorneys
office and asked to see the papers, as l
intended to apply for another writ The
record was examined, but no entry of
Antoine's case could be found.
Il mentioned the fact to Attorney Frey,
and he advised me to walt till the thirty
days had expired. / did so, and last Mon
day applied for the writ on the ground that
no information had been filed against my
client.
Judge Seawell was surprised and ad-
jnurned the case till next morning Another
search of the rec ordS in the County Clerk s
Office and District Attorneys office failed to
show an entry for the papers, aud on Tues
day morning Judge Seawell granted the
writ and Antoine was released.
Assistant District Attorney Hinkle put
me on the stand and asked me if l knew
anything about the pa pers, and | emphati-
cally said No, SIR Neither | did. | was
simply acting for Antoine, and | would
have been fool not to take advantage Of
the criminal carelessness of the officials
They have got themselves into a hole
and they are trying TO throw the blame
upon innocent people.
Even ii the papers had not been missing
had other good grounds for applying for a
writ. In the original complaint The offense
was first inserted as having occurred on
February IA. Thereafter the date was
altered to January s. Why? Because it
was alterWaru 10unu that the girl was ID
years of age on January 80, and If the
original date had been left there was no
case against Antoine, as the girl was over
IA years OF age.
"On that ground ] contend that no Judge
would have refused to grant the writ, there
fore the production of the papers would not
have prevented Antoine from being re-
leased.
Tine alteration of the date is also a fit
and proper subject for investigation"
Attorney Frey corroborated Plstoles's
statements.
There has been criminal carelessness or
worse by some one and whoever tits should
be made an example of.
Meantime man charged with a grave
crime Is unwhipped by justice, ana the
chances are that he has left the State and
VIII never be rearrestcd.
The Police Court clerks yesterday when
they left to hand over the papers In cases TO
be brought before the Superior Court each
Carried receipts with them TO be signed by