The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-11-24

statutes any more than adm issions 10 ade
on the street or anywhere outside of the
courtroom.
II will be commercially brief, your
Honor" was O'Bvrne's suave remark, ac-
companied by bow and a smile. as the
eminent counsel started to reply to Clunie
and Gator. Let us stick TO the plead
ings," said OByrne. and be proceeded to
quote from the complaint in an endeavor
To show that therein two distinct offenses
had been charged under two distinct sec
lions. Malfeasance under section 90 and
malfeasance under section 27 of the
purity of elections law. He commended
that the attorneys for the prosecution were
endeavoring to shield themselves behind
the law of section 90, whereas the prose-
eution was in truth under section 27.
Judge Wallace looked manifestlv wor-
red under all these contentious. Finally
he remarked that the law was new and
loosely, If not poorly. drawn, involving all
the constitutional rights of particeps
criminis.
II Is difficult point, gentlemen" said
his Honor, land nearly allied to the Cohen
case. l shall prefer not passing on this
point until we hear from the Supreme
Court in that case. To what dav Shall we
adjourn, gentlemen, by consent?'
After some little argument both sides
agreed to ontinne the matter until Tues
day next, by which time it is expected
that the Supreme Court will have decided
the Louis Cohen case. Then O'Byrne
made motion TO reduce sthe $4,000 bail
in each case.
Judge Wallace frowned. mo, gentle
men," he said. II shall refuse to reduce
the bail"
Guifoyle whispered to Buckley, Butler
and Conway, all of whom looked rather
| glum, but O'Byrne said he had plenty of
bail to offer for Martinez. He would pro-
pose himself as one of the sureties.
Take the stand, colonel" said Nougues.
and O'Byrne stepped up. In answer to
| questions the gallant colonel described
| how he owned two lots In this city. One
| was improved. and cost about $50, coo; the
| other was small and unlmproved, aud was
worth perhaps $4,000. O'Byrne also had
! some small property in Oak land.
ANY mortgages. colonel?"
IN OF one, sir"
mo borrowed money!" asked the
! Judge.
The gallant colonel was understood to
say that to his everlasting regret he had
| been unable to borrow any money at any
| time on anything. He wished he could
Then you are worth $4,000. sir?"
asked Judge Wallace.
Three times that" was the confident
reply.
| Well, what do you say, gentlemen"
asked his Honor.
satisfied" replied Clunie and Nougues.
so ain l." said the Judge. ''Mr.
| O'Byrne. you are accepted as a surety"
Mr. Martinet, father of the accused, also
| offered himself as the other surety. He
| took the stand and testified that he owned
some property in the city of considerable
value. But there was N ortgage thereon,
| and when Judge Wallace put the question
Attorneys Clunie and Nougues protested
! against the acceptance of Mr.. Martinez as
a surety. Judge Wallace was of similar
| opinion. and ultimately it was decided tc
accept Martinez as surety in the sum oil
! $4,000, provided that some other bcndsmen
could be found to qualify for the 9th ell
| 5000.
In this unsettled condition matters were
left for the present. and court adjourned