The morning call., 1894-11-12
The Suffers Cannot Find
BOndSmen.
JUDGE CAMPBELL REBUKED.
Sureties Must Be Approved by
Judge Wallace.
JUSTICE GARoUTTE CRITICIZED.
Attorneys Say That His Action in
the Habeas Corpus Matter
Was the Proper One.

Cohen and Stern berger, the suffers, who
are so fearful of saying anything that
would incTiminate themselves or anv one
else, spent yesterday in the seclusion of
the County Jail much against their will
They were cast down in spirit and had
little to say to their iailers. They doubtless
wondered what had become Of the blatant
and boastful men who had promised to
see them out of their trouble. They
pOndered and became melancholy as the
hours dragged heavily onward and no one
came with the welcome ti6ings that bail
had been procured for their release.
Their suspense was cruel and their
modification extreme. Had Colonel Burns
los t the Candelaria Cine or had the Gov
eminent forecloSed its mortgage on the
railroad? they asked in their anguish.
Had the pull that had been omnipotent in
the past encountered snag? Aud where,
oh where, was Campbell? They dreamed
of him aud his whiskers during that first
dismal night in jail. Through the wickets
they could look down upon Murderers'
row, and, turning their faces toward the
north, could see the place where the gal
lows had so often stretched forth its awful
arm and wrung the life out of so many
murdererS in the past. But the Judges
form was invisible.
When they were arrested Saturday aft
ernoon Cohen ana Stern berger were cheer
ful and even CAV. They said thew would
be released before nightfall and Cohen.
who was charged with contempt, said that
he would not lnger long in Jail on that ac-
count. He said that an application for a
writ OF habeas corpus would be made in
his behalf, and he knew that he would be
all right The writ was granted, but
Cohen did not go forth. The charge of
felony was still against him, and bail for
his release had not been found
just what the gang who are Cohen's
and Stern berger'S masters did for the
bail it was not accepted by Judge Wal
lace, and his Honor had given orders that
no order for their dismissal. unless signed
by him, should be accepted at the County
Jail. This ruling mace it impossible for
them 10 obtain release through Campbell,
as they had done before. and was a slap in
the face of that eminent Jurist. The order
concerning the prisoners was received at
the Jail Saturday night, and was as fol-
lows:
To the Officers Of the County Jait: Do not
release from custody Louis Sternberger or
Louis Cohen except by an order signed by
Judge Wallace.
Louis Cohen is in custody, also: for con-
tempt OF court, ana must not be released eX-
ceDt by ORDER OF Judge Wallace
+. j. CURTIS, Bailiff
Curtis is bailiff of Judge Wallace's court.
The jallers were also Instructed TO permit
no one to communicate with the prison.
ers. and the order was Obeyed,
The investigation of the methods adopted
by INSCRIPTIONS politicians to control the
register oil the city now going on in Judge
Wallace's court is fruitful topic for con-
versation around the political headquarters
as we'll as being matter of more than
usual public interest. With the politicians
the subject comes next to the question of
who is really elected Governor.
There is no doubt that in certain quar-
tiers this deep interest is tnged with con-
siderable personal feeling. 1t affects those
who have had hand IN the game that was
played, and who dread the judicial inuuis-
itiOn which they will be called upon to
face.
From the developments which have
already been revealed the investigation
promises to touch those who are high in
power politically and who used that power
to serve base ends.
Registrar Evans for one will more than
likely be cited TO appear and make some
explanations which he will not find to his
taste. While squirming under strict eX-
animation the unscrupulous brOther-in law
of an unScrupulouS boss may not find it so
easv 10 dismiss an unpleasant subject as
seeking the latest returns to spread before
the public.
Then again the majestic Senator Jerry
Mahoney may not strut about with such a
pompous air and display Of consciousness
of immunity from punishment for violating
the election laws when he is called upon
TO explain how those mystic Ms came to
be upon the suffers cards in the Baldwin
Hotel rack.
Boss Burns himself will also have to
appear. probably, and answer some per-
tinent questions-thatis it be can be found.
The action of Justice GsrOutte in grant
ing Suffer Cohen a writ of habeaS corpus
on the contempt charge and admitting him
to $1,000 bail was a subject for some eriti-
cism yesterday by those who did not quite
understand the legal phase of the matter.
A well-knOwn attorney, in speaking of
it, said:
80 acting as he did, Justice Garoutte
could not have very we'll have done any
thing else. The only facts which came be-
fore him 10 a judicial capacity were that
Cohen had been sent to Jail for contempt
of court. No otDer facts could be brought
before the court until an examination was
held, and then. upon proper showing. of
course, the writ would be dismissed. The
fact that the bail was fixed at $1,000 does
not imply that he would be released on
that bail. IL only applied TO his conse mpt
of court case. He would still have to re-
main in custody for felony, unless he fur
nished $4,000 BAIL That, in my opinion,
is the whole thing in nutshell"
Other attorneys. however, thought that
the least Justice Garoutte could have done
would have been TO look into the case a
little more closely, and not give Cohen
even a small chance of getting out upon a
technicality. The impression was, though,
that the Justice did not mean airy discour-
tesy to Judge Wallace. but was acting
within the law upon the showing mad by
the prisoners attorney. The examination
of Cohen will come up before the Supreme
Court at Sacramento on Wednesday,