The record-union., 1894-09-08
ANOTHER AFFIDAVIT.
How the Accusation Against Ryan
Was Filed.
1t is Claimed That an Attorney
Wished the Case to Go Before
Judge CatIin.

In the Superior Court, in the matter of
the accusation against District Attorney
Ryan, to remove him from the office of
Attorney. there was filed yesterday after
noon the following affidavit:
Eugene S. Wachhorst, being first duly
sworn, deposes and says: That at all the
times herein mentioned he was, and now
is duly appointed, qualified and acting
Deputy County Clerk of Sacramento
County, in the State of California, under
William b. Hamilton. County Clerk Of
SAID county, and as such Deputy County
Clerk has, and during Office hours of
September 8, 1894. had full charge of the
ming OF complaints and other pleadings
upon the commencement OF ali actions
and proceedings in said Superior Court;
that at all times herein mentioned there
has been, and now is in full force and
eject certain rule of said Superior Court
OF sacramento County Tor the assignment
OF actions TO departments, which rule
was, and is in the words and figures, viz:
Rule NI.-Assignment of Business to
departments. All proceedings in insol
Yency and all criminal proceedings, orig
lnal and on appeal, are assigned to Depart
ment one. All probate proceedings are
assigned TO department Two. All other
actions and special proceedings, original
or on appeal, are assigned as follows: The
same shall be distributed by the Clerk
between said departments equally, in ro-
tatlon IN the order of their numbers, at
the time such cases are commenced, or
the record Tiled, the odd numbers TO be
assigned to Department One, and the
even numbers 10 Department Two, and
the Clerk shall number such actions regu-
larIy as soon as filed, or in numerical Sc
quence, and shall designate in a proper
manner upon the first pleading or paper
HE'D IN any such action the department to
which the same is assigned by this rule.
Any action or proceeding, civil or GRIM
lnal, may be transferred from the depart
ment to which it is hereby assigned by Or
DER OF the presiding Judge thereof to the
other department for trial or other dispo-
sltlon by the consent of the Judge to
whose department it is SO transferred"
That on said September q, 1894, about
1880 a. NJ, one Joseph w. Hughes, who
Is the same party whose name is signed
to the accusation in this proceeding above
named as one of the counsel, called at the
office of the Clerk of said Superior Court
and inquired OF atfiant the number to be
given the next action commenced. At
first affiant told said Hughes that the next
number was an odd Der, and Hughes
Then said to attiant "Eile this" and at the
same time laid down on the desk in front
OF att1ant document which was in
dorsed on the back thereof Accusation"
and which from its general appearance
att1ant verify believes to be the same
document which was by said Hughes
later on said day filed in the above enti-
tied proceeding. Affiant then looked at
the record book, and from an inspection
thereof noticed that affiant had made a
mistake and that the next number would
be an even number, and afAant then said
to Hughes: mo, | made mistake; the
next number is even." Said Hughes
then stated to atflant: "I won't file that
yet" and took the document marked
Accusation" up and placed the same in
his pocket and turned to go, when he
said: ''If there is complaint fled, tele-
phone mes
That up to about 3 o'clock p. NJ. of said
day there was no further original action
or proceeding commenced by filing a
complaint or other pleading, and about
said time Hughes came back into the
County Clerks office and handed afiant
complaint in civil action which bore the
title: "In the Superior Court OF the
County of Sacramento, State of Califor-
mia. Theodore Labhard VS.. The Central
Pacific Railroad Company, a corporation,
ana The Southern Pacific Company,
corporation" and said complaint was and
is signed by Lincoln White, attorney for
plaintiff Af1iant then fled aud num-
bered said civil action of Labhard VS.. G.
/. *. X. et al, NUMBER o,Zo4, and assigned
the same to Department No. Two, Hon.
Matt f. Johnson. Judge, presiding. and
immediately upon doing SO said Hughes
gave aftiant the accusation which is now
on file in the above-entitled proceed
ing, and said: "File this accusation"
which affiant did, and numbered said
proceeding number 6,235, and by virtue
OF the rule hereinabove set out said pro-
ceeding to procure the disbarment of said
L. d. Ryan became and was assigned to
Department No. One of said Superior
ing. Il. 5. WACHHoRsT.
Subscribed and sworn to, before me, this
7th day of September, 1894.
IsAAO JOSEPH, Notary Public.