The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-11-11
COHEN WAS DUMB
Judge Wallace Fines Him
for Contempt.
SUFFERS ARE IN TERROR.
The Prosecution Has Them i'm a
Corner.
POLICE JUDGE CAMPBELLsCoRED
He Released the Prisoners on Bonds
Which Were of No Earthly
Value.

The one was severely uDeu duu eeuLoDCcu
to Imprisonment for contempt; the other
was pointed out as a magistrate OF pecu-
liar methods, to say the least.
Several days ego Cohen, when placed on
the stand, broke down under the question
ings of attorneys Tor the prosecution and
confessed that be had been party to
election frauds He admitted that Louis
Sternberger, a deputy registrar of cleo
ton, had procured him 10 be illegally
registered from the Baldwin Hotel, and
fully described the circumstances. Yes
terday afternoon, when placed upon the
stand to testify in the preliminary hearing
OF Sternbergsr, be refused fatty to answer
any questions put to him, his excuse being
that he was in fear of discriminating him.
self of a felony.
The attorneys for the prose cution read
to him that section of the purity of cleo
tions laws which promised immunity from
prosecution for any one who would turn
States evidence; and they also made the
statement openly for themselves that they
would not push the case against him, if
he would answer Judge Wallace also
pointed out that, in view of the section of
the purity of elections law just quoted, it
was legal impossibility to prosecute, but
Cohen remained obdurate. and the fine
and order of commitment followed.
The attorneys for Cohen Immediately
announced that they would sue out writ
Of habas corpus in the Supreme Court and
would base their argument on the queS-
ton of the constitutiOnaiity of the purity
Of elections law, which provides that the
giving of testimony which would other
wise incrininate the givers is bar to pros
ecutiOn, as held by Judge Wallace. They
hold that il is in conflict with the constitu-
ton. which provides that no one shall be
compelled TO give testimony which will in-
eliminate himself of felony.
1t was evident, however, during the
proceedings yesterday afternoon that the
attorneys for the defense were providing
themselves with ammunition outside the
particular felony charged in the complaint.
In one instance where Cohen stated that
he declined 10 answer for the reason that
he was in fear of discriminating himself of
felony Judge Wallace put the question.
''Of this felonv?" and Carroll Cook deftly
interposed with 'Of felony" which the
witness repeated.
OF course this would tend 10 lay Mr.
Cohen open TO the suspicion OF having had
a hand in most anything feloniOus, but it
may prove proYident loophole for his
escape on habeas corpus should the Su-
preme Court hold that the section of the pur-
ity OF elections law quoted is constitute onal.
1t would be very easy in that case for
Cohen to claim that his refusal to answer
was for the reason that he was afraid of
eliminating himself in another felony.
which he could refuse to disclose and which
might hunt mn if thav nhnsa
At any rate the attorneys for the de-
Tense were as good as their statement. and
at o'clock in the afternoon had been
granted the writ by Justice Garoutte of
the Supreme Court, returnable in Sacra-
mento on Monday at o'clock. with bail
in the sum of $1,000.
That was the Cohen incident. The one
in which Police Judge Jim Campbell fig
ured is probably the more important and
was the outcome of an investigation of
the bonds in the sum of $4,000 each,
which he accepted for the release of the
prisoners, Cohen and ternberger, On last
Thursday evening. When Attorneys Gu
ME and Nougues reached Judge Wallace's
court yesterday afternoon they made in-
QulTies again as to whether or not those
bonds had been turned over to the proper
officers. They found that not thing was
known about them. They made this rep
resentation to Judge Wallace. and his
Honor waxed indignant at the laxity, il
not the utter disregard Of the law, of the
magistrate who had accepted them. This
happened 10 be Jim Campbell.
Those who should aid in furtherng the
ends of justice, Wallace practically said.
were the very ones who seemed to hinder
IT.; and he wondered that any malefactors
were ever brought to bar. He insisted
that he must see the bonds.
Half an hour later. with court adjourned
and both prisoners in the hands of the
Sheriff. Police Judge Campbell appeared
in Judge Wallace's chambers with the
desired documents. He was taxed By his
Honor with his delay in doing what was
required of him by the law and then ex-
cused himself on the ground that it had
always been his custom.
Upon an examination of the bonds il
was discovered that they were not worth
the paper they were written on. In the
body OF each Of the bonds the name of
re. j. Mahoney" appeared as that of the
person qualifying and taking the oath,
but the signatures on the bond were those
of Sc. Dufield' and ''E. j. Baldwin"
In other words, Z. J. Mahoney qualified.
but did not swear or subscribe. while E. J.
Baldwin did the two latter, but didn't
qualify, which made the bond about as
valuable as so much straw. Besides this
three erasures had been made on each
bond over which the name of E. J. Bald
win was written.
Judge Wallace was indignant and ont
spoken. He stated the bonds were no
good and that he would not regard them.
Suiting the action to the word he recon-
mitted both prisoners to the Sheriff on the
charges of felony. with $4,000 bonds each.
Taken all in all, it was very lively aft
ernoon, and the fame of the case had at
tracted full attendance, the gallery even
being packed. Judge Wallace was busy
IN chambers. 30 it was little after 2 80
when he took his seat Oh the bench aud
the hearing common ed.
"The defendant is not ready to proceed
In this matter today" said Carroll Cook.
"for the reason that l have just arrived
here from Yolo County this morning and
have only just seen the complaint. having
been engaged 10 court all the morning.
have been able to see the complaint only
within the last five or ten minutes and am
not ready to proceed this afternoon. The
little l have looked at the complaint i,
spnears to me- that IL il imam IN nhisc-