The morning call., 1893-11-26
MORGAN Is FREED.
The Alameda Supervisor
Acquitted.
Upon Court Rulings Favorable to the
Defense the Accusation Is
Not Sustained.

! 1uo cdoo VI DdTt MOTSdD, chairman OF
the Board of Supervisors of Alameda
County, on charge of willful misconduct
in Office. on trial for two days in the Su-
perior Court in Oakland, was brought to a
close yesterday afternoon, the jury render
ing verdict without leaving the box.
James p. Taylor, the secretary of the
| Grand Jury which brought the indictment
against the Supervisors accused with
| Morgan of the same charge, was the first
| witness called. Mr.. Taylor appeared 10
court with The minutes of the various
meetings of the Grand jury. He was
asked by District Attorney Shook as to
any CONVEX satiOns had with Mr.. Morgan
in reference 10 the charges made against
him and as to the date. Mr.. Taylor was
not permitted to answer, owing to an OBJ
lection interpOsed by Mr.. Martin.
The court asked the witness as to the
nature of the documents in his possession,
and in the course of his examination ii was
developed that Taylor and Booth, the FORE
man of the Grand Jury, went to Morgan's
residence while he was confined to his bed.
put him under oath and took down a
statement of bis connection with the
| affair. This was afterward used against
Morgan in the Grand Jury room and
| formed the basis for the Indictment against
him. The court refused to permit Taylor
to testify.
B. c. Brown, who was a mem Der of the
Board of Supervisors last year, testified
that he was not cognizant of any such
action having been taken kby the board as
was testified to by County Clerk Crane the
| previous day IN reference to motion hav-
| ing been passed authorizing the publica-
ton of the election proclamation In the
| Alameda papers.
| County Clerk Crane was recalled and
was asked as to his method OF keeping
trough minutes" The court also ruled
out this testimony on the ground that the
law did not recognize such thing as
| trough minutes"
J. c. Plunkett. member of the present
| Board OF Supervisors. testified to the facts
concerning the amendments or corrections
TO the minutes on March 6, 1893 Mr..
| Plunkett was the only member of the
board who did not vote upon the author
iZation to pay the claims of the Alameda
papers He was a member of the audit
ing committee of the board, and not being
able to find the resolution upon the min
u.es giving the papers authority to pub
| liSh the procamatioDs, secured an opinion
from the District Attorney, who also drew
up the resolution amending the minutes
| by which the authority was conveyed. He
| had asked to be excused from voting upon
| the proposition. as he was not membe
of the board during the previous year.
| James +. Barber, who was the publisher
1
the publication of the proclamation, was
| called but gave no testimony.
District Attorney Shook called Deputy
County Clerk Fury to prove the rate al
| lowed by the county for advertising, with
| a view of establishing the charge of ex-
orbitance. The court ruled all questions
out, as the District Attorney had failed 10
establish the fact. Furthermore" said
the court, sit was the duty of the Grand
Jury to Investigate this matter. If the
county proclamation was loaded down
with extraneous matter the Grand Jury
should have investigated this branch Of
the subject. and so set out in their indict-
ment."
Frank A. Leach. publisher of the En-
Qulrer, was calico as an expert, and testl-
fed that the price charged by the Alameda
papers was approximately correct.
The prosecution, having been ruled
| against on all points by the court, rested
its case.
j. c. Martin. attorney for the defen SO,
asked the court to instruct the jury to ac-
quit. on the ground that the prosecution
had failed to make out case. citing the
of County Clerk Crane, as 10 the passing
of the motion to permit the publication,
which had not been cOntradiced.
District Attorney Shook in reply called
the attention of the court to the fact that
its rulings had deprived the prosecution o {
|
had relied to secure verdict of guilty.
ID accordance with the request of the
defense, the court briefly revie wed the tes.
timony, telling the jury if they believed
the testimony of County Clerk Crane it
was their duty to find for the defendant
that the motion to publish in the Aameda
papers, whether made by viva voce vote or
silent affirmation. was as much portion
of the boards proceedings as if the ayes
and noes had been taken upon 1t. The
question of exorbitant charges was not to
be considered.
The jury did not leave their seats, and
Immediately rendered verdict generating
the defendant.
The charges against Supervisors Pelouze,
Bailey and Martin were thereupon dis.
missed on motion of the District Attorney,
the evidence in these cases being the same
as in the Morgan case.
The Northwestern Line-Change Of Time.
Commencing on November 26, Chicago and
Northwestern train No. 2. being the Overland
Flyer, via Central and Union Pacific from here.
with through sleeping and dining cars 10 Chi.
cagO without change, will arrive at Chicago a
$50 A. NJ. daily and make good connection,
with all the fast morning trains via the variOu.
lines TO Eastern cities. This is the fastest anC