The morning call., 1894-02-20
Another Judge Will Try
MCAuIiffe TT AL.
THE CASE is REASSIGNED.
Judge Murphy Decides That the
Law Is Mandatory.
A TRANSFER is COMPULS sorry
No Opposition Would Have Been
Made by Conlan but for the
lnsolence of McAuIiffe.

Judge d. j. Murphy decided yesterday
that Police Judge Conlan had erred in re-
fusing to transfer the cases of Jack Nc
Auliffe and Otto Floto from his court to
another department of the police courts,
and ordered an ordinary writ of mandate
to issue, compelling Judge COnlan to make
the transfer.
1t will be remembered that affidavits
were filed both by McAuliffe and Floto. in
which they asserted that there was no
chance OF their receiving fair trial at
Judge Conlan's hands, as he was remark
ably friendly to Young Mitchell, whom the
accused are charged with assaulting. On
these grounds they asked Judge Coalan to
transfer their case to some other court. but
this the Judge refused to do; and the pres
ent issue was petition for writ of man
date.
At the hearing of the petition presented
on behalf of McAuliffe & Colby Attorney
j. j. Dunno, it was practically decided
that upon the setting forth of certain facts
in an affidavit the Police Judge had no
alternative but to grant the change of
venue requested. But Judge Murphy was
undecided as TO whether or not Judge
CONAN, Ia refusing the petition, could be said
10 have "acted" In the matter and thus barred
the way 10 a writ of mandate.
In his opinion filed yesterday. however
Judge Murphy found that Judge C0nan had no
jurisdiction 10 pass upon the merits OF the y H.
ton, as sufficient allegations were contained in
the afhdavits TO compel rather than warrant
change OF venue. Under the circumstances
therefore, Judge COnlan must be considered as
having exceeded bis authority. and a writ of
mandate must issue as prayed for.
Judge Murphy stated in court that he had no
doubt that Judge COnlan would at once com
ply with the Order. In conversation upon the
subject Judge Conlan had said that he would
have granted the transfer Immediately had il
not been for the insoient manner in which The
petition was presented. The court was satisfied
that Judge Conlan had acted consclentlously in
the matter.
Judge Conlan left the courtroom promising TO
act as desired, aud later on the charges of bat
terry against McAulltfe & Co. were reassigned
TO Department 4, presided over by Police
Judge Charles A. Low.
Judge COnlan, IN transferring the cases 10
Police Court 4, said: Il have never, since |
have been on the bench, refused TO transfer a
case when asked 10 do so until now. l would
have been only too glad 10 do so i'll The present
instance II the request had been made in
proper manner; but when an affidavit was
boldly and deliberately read which was known
10 contain statements ana destinations false In
every particular felt ii was only due TO myself
TO refuse the request.
Il tXOneiaie you, Mr.. McPike, from any ma
licl0us motive III connection with the affidavit
but Will say that the other attorneys nled IL
with malicious intent and for the purpose of
attempting 10 browbeat me.
III the cases had been tried before me and
McAuliffe had been found guilty he would have
been punished just the same any other man
although he Is The champion lightweight pugi-
list OF The world. and If there had been any
doubt of his guilt should have given him the
ben-ht OF IL IN The same way. a mans stand
Ing, socially or politically, has no effect upon
IN IN deciding upon The merits of case
Il would have given the defendants fair
and impartial trial, and an evidence of the
animus In filing the affidavit, ii they had any
doubt on that point they could, as Judge A,nr-
ply said, have got II in my court by demanding
jury. Al the time the affidavit was filed | re-
marked 10 some friends that whether Judge
Murphy held that was right or wrong in re-
fusDg TO transfer The cases, would not under
any circumstances Try them"
Fox and Zeigler, two of the defendants, and
Young Mi cheil were In court. The TWO former
shook hands with the Judge and told him so far
as they were concerned they had been ali the
time satisfactorily would get fair and Impair
tial trial.