The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-07
CONROY AND BUTLER FREE.
Judge Wallace Thinks There Is
Sufficient Evidence.
DESPITE o'BYRNE's PERSUASION.
His Honor and District Attorney
Barnes Consent to a Reduc-
tion of Bail.

HJudge Wallace decided yesterday morn
ing to hold Martinez ana Buckley, two OF
the four election officers from the Tenth
Precinct of the Thirty fifth Assembly Dis
trict charged with tampering with the bal
lots, 10 answer to the charge. There be-
Ing no evidence agaius Butler and Con-
roy they were ordered TO be discharged
II ON custody.
His Honor had taken the matter under
Amusement from the evening before, and
the attorneys for the defense, J. OByrne
and j. j. Gulfoyle, were hopeful that the
court would decide that no case had beet
made out against any of the men. Judge
Wallace, however, decided differently.
He commenced by stating at some length
the nature of the offense with which the
men were charged, namely, altering the
official returns Of the vote of their precinct
al the last election, and returning to Regis
tTar Evans such altered returns as being
true and correct.
His He nor remarked: THAT these re-
turns nave been feloniously al cred and
returned by some official person or per-
sons is morally ertain; who. then, is the
guIlty person? or, who are the guilty per-
sons? The evidence stated generally
shows that those returns were in the hands
of Martinez and Buckley, Martinez being
inspector and Buckley clerk of the pre-
cinct After their withdrawal from the
office of the Registrar, who had declined
to receive them, because the package IN
which they were iuclOSed was Improperly
made up, the returns were stlll ID the
hands of Martinez and Buckley; they were
subsequently, with them IN their haDos, al
q saloon, and at later hour at another
saloon, before they again reached the poll
ing-plaee.
''Ihey had the opportunity to make the
alleged alterations, and so Tar as the evil
dence shows no other persons had such
opportunity; as the alterations were IN
fact made. and as Martinez and Buckley
were the only persons appearing 10 nave
had the opportunity to make the altera-
ti0ns. the Inference of their guilt is sutfl-
GENTLY strong to hold them to answer.
1T must be remembered that these
persons are not now on rial Tor the
Plleged Offense. The recognized principle
OF reasonable doubt applicable at such
trial is not applicable IN this proceeding
before me. / am to convict them II there
is sufficient cause to believe them guilty.
There is sufficient cause to believe them
guilty; whether the evidence at the trial
TO he had shall be suffi eienJ 10 prove them
guilty beyond a reasonable doubt, is a
question 10 be determined only by jury
duly impaneled to render a verdict"
The Judge then promptly committed
Martinez and Buckley to take their rial,
and fixed bail at $4,000 apiece. There
being no evidence Whatever against Butler
and Conroy, his Honor ordered the charge
against these men dismissed.
Colonel O'Byrne then asked that the
amount of bail f"r Martinez and Buckley
be reduced to 5000 in each case. He said
that $4,000 was excessive.
Judge Wallace said he didn't see how he
could reduce The bail, but after once more
listening to the persuasive tones of
O'Byrne he said he would consent To the
reduction if approved by he District At
torney Assistant District Attorney Black,
however, stated that the charge against
the accused was of so grave nature that
he didn't think any reduction in the
amount Of bail advisable under the circum-
stances. anyway. he would not give his
consent without first consulting with Dis
trct Attorney Barnes.
"Vrry Welt" said Judge " allace, ''iet it
stand that way. If the District Attorney
consents I'll reduce the bail to $1,000 in
each case"
Court then adjourned until this morning,
when the Cohen and Sternberger cases
Will be resumed. a consultation among
attorneys resulted in the proposed reduc-
ton in bail being consented to. Early in
the afternoon a bond was approved in the
case of Martinez. the accused's father and
Colonel O'Byrne being accepted as suretes.