The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-27
UNDER PURITY ELECTION LAW.

The case OF Louis Cohen, charged with
perjury in connection with his false regis
tration from the Baldwin Hotel, came up
before Judge Wallace yesterday. There
were TWO charges against Cohen, one by
Information filed by the District Attorney.
and the other by Grand Jury Indictment.
II was decided 10 take up the District At
tOrney's case first
AT TIE outset of the proceedings Attor-
ney Timothy j. Crowley, on behalf of the
prisoner, moved for dismissal of The case
on the ground that Cohen, having given
testimony in the Ssernberg case, had
thereby secured immunity from prosecu-
ton under the provisions of the purity of
elections law. 1t was argued that the re-
cent Supreme Court decision in Cohen's
habeas corpus case covered the case at
bar.
The motion was promptly opposed by
Assistant District Attorney Black. who
SAID that Cohen's evidence was not used
against Sternberg, but on the contrary
tended 10 secure his acquittai. AS by his
evidence Cohen had hurt neither Stern
berg nor himself, it could not be said that
his case came under the provisions u the
purity of elections law. Alls Coheu had
done, when ordered to testify by the SUI
preme Court, was 10 say that he resided at
the Baldwin Hotel.
Black was backed up by Andy Clunie,
who said that the immunity provision
merely declared that persons testimony
could not be used against him for any
charge at that time under investigation.
1t acted as no bar TO his prosecution upon
another and a later charge.
Timothy Crowley, however, insisted upon
his point. He said it didn't matter what
testimony witness for the prosecution
might give, whether directly against him.
f-r ha q ha Of
the court and gave evidence when called
upon TO do so he must of necessity secure
immunity from prosecution under the pro-
visions Of the law.
At one point Timothy got into trouble.
he kept abiding 10 the Judges remarks
at the time of his dismissal Of one of the
felony charges against Cohen on December
IA last. He even desired the court reporter
10 read those remarks, in order that the
tenor of Them might better be recalled by
his Honor. But Judge Wallace interfered
Never mind that" said the Judge {;
you needn't read that now, Tor l cannot
consider that my decision then can be
quoted as good authority over me now"
HIS Honor then reviewed the court pro-
ceedIngs that LED up to COheu'S arrest on
the perjury charge. He said it was clear
that Cohen'S testimony In the SternDerg
case was intended TO exculpate Stern berg
Conen was charged with having made a
false oath before Deputy Registrar pur-
suant 10 his agreement with SterDberg
The objections taken by Cohen's counsel
10 the proceedings and the motion to lis
miss the case were based on that section
OF the purity OF elections law which pro-
Vlded that after testifyiDg person should
moi be liable TO prosecution for any offense
concerning which be gave testimony.
This statute his Honor decided was de-
signed 10 replace the constitution so far as
the provision that witness need not tes-
lily against himself was concerned. Co.
hen had testified that he resided at the
Baldwin Hotel. That was very important
as concerning the Sternberg case. 1t was
question as important upon its merits as
could have been propounded Had Cohen
declined TO answer the question, Where
do you reside?" he must have been ex-
cused.
The statute must be literally Interpreted
in COhen's favor. Cohen must be allo W ed
all the protection guaranteed by the con-
stitnlion. Under its provisions be could
simply keep silent and refuse to answer
from fear OF discriminating himself But
it was also provided that witness need
not be silent. He might testify as he
pleased, and in so doing he was as COM
pletely protected as under the provisions
of the constitution.
Attorney Nuugues interrupted the court
at this point. He said that as it was evil
IDENTIFY the courts intention to dismiss tn g
case, and as the record should be suffi-
GENTLY clear TO perfect an appeal to the
Supreme Court, that the proceeding 20 ac-
cording to law, the point was raised that
the court had no right to dismiss and that
Jury must pass upon the case.
Judge Wallace agreed and a Jury waa
quickly impaneled The evidences was
read on both sides pro forma, and then the
court in tructed the jury to acQuit Cohen,
which was promptly done. The other
perjury charge still stands against him.
Inc case OF Stilwell VS.. Evans ct al. was
further Adjourned to January T.