The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-11-29
JAIL GETS HIM.
Cohen Is Once More in
Trouble.
IS PURGED OF CONTEMPT
Only to Be Arrested Again for
Perjury.
SUFFERS AND ELECTION FRAUDS
A Witness Who Is Either Stupid or
Shamming Annoys the Court
and the Attorneys.

but in giving The testimony he f1atlY con-
tradicted what he had previously said on
the witness-stand, was arrested on war
rant for perjury and ordered remanded
to jail with bail fixed at $4,000.
Attorney Kowalsky made the plea be-
fore Judge Wallace Yesterday morning
that his client Louis Cohen had been in
jail ten days and ask that he be given the
opportunity to purge himself of contempt.
"Mr. Cohen" asked Attorney Clunie,
"where do You reside?"
''At 824 Turk street."
GLOW long have you lived there ?"
about four months, off and on"
"Where did you reside on the Sd of Oc-
tobsr last?"
"At the Baldwin"
"Nhere did you reside on October / ?"
'At the Baldwin, | think. l don't
know"
DO you know Louis Stein berger ?"
es, for several months"
You registered from tie Baldwin
Hotel, did you notY
Eyes. | thought [ had right to regis
ter being citizen Of San Francisco and
the State of California and not having
registered from anywhere else"
THAT is all so far as the con empt matter
is concerned" said Andrew Clunie; "but
L ufN dNh biob VIC nlbuCos no u6lu IUI
perjury"
"Do you want to persecute or prose-
cute? asked Attorney Long. Give the
man a chance for his ltfe," he pleaded.
The evidence is not sufficient to convict
of perjury. man can throw safeguards
around himself and not be guilty of per-
jury. The defendant was advised by
counsel not TO answer questions which
would tend to criminate himself. A man
has a right to say that he lives at any
place at all. The only question involved
in the case of Stilwell vs.. Evans was
whether the names on the register ought
TO be there"
Judge Wallace declared that the matter
was material. He recited the contradic-
tons of the witness made under oath as
to his place of residence. Il dislike" said
Judge Wallace, ITO commit person IF
my own order. ] much prefer that an aft
davit be filed. | will take the motion under
Amusement, and put the witness in the
custody of the Sheriff until o'clock"
The Steinberger case went over till
Monday. and the matter of the election
frauds in the Tenth Precinc CT Of the Thirty
fifth District was taken up.
j. Ii. Mcdonald, assistant inspector in
the precinct, was in the witness chair. He
corrected his testimony of the previous
day. declaring that it was Thursday in
stead of Wednesday when he saw Mart-
net asleep In the election booth.
William B. Desmond. precinct inspector.
appeared as witness, but testified to little
of value.
j. w. Maher, Judge of election, testified
in clear and straightforward manner.
Buckley and COnroy tailed up 10 the time
be left the booth on the night Of election
When be returned WedDe sday morning
Martinez had told him that the State re-
turns were complete. Buckley had told
him the same thing.
Tho anUal0pa haan
once at the Registrars office. This wa, an
accident caused by the crowd. Martinez
had broken the seal in the booth to correct
the Irregularities complained of by the
registration. This might have been done
between 1870 o'clock and noon Thursday
morning. Martinez was seated by himself
at the end of a table, arranging the en-
velUpes and placing the books in the proper
envelopes.
Senator Mahoney was called in. The
Stelnberger case was continued until Mon
day and he was instructed 10 appear on
that day. He was also told to come back
tomorrow when the Cohen perjury case
will come up.
The inquiry into the frauds in the Tenth
Precinct OF the Thirty-fifth District was
resumed. Joseph Patrick Powern. a Car
penter by trade and one of the additional
judges in that precinct, testified as 20 the
various times when he was in the booth.
the eection-boX, but did not observe
whether he placed the tally sheets there
too. No general returns were prepared
for the egiStrar's office while he was in
the booth.
While the examination was going on At
torney N3ugues walked uD TO the witness
with the tally sheet, to which Colonel
OByrne objected saying:
NOW, Brother Nougues, though you
are so good looking, come out here and
don't be 40 Daternal With the witness"
John I. Byrne. stevedore aud one of
the ballot clerks, did not prove a very val
liable witness. He had little 10 say which
tlre~ any light on tue erasure OF votes Oil
the tally sheet and the substitution of
fraudulent returns.
Attorney Gator made sad bluuder
when he took the witness. He asked a
series of questions, to which negative re-
sponses were made and then in stern tones
read series OF answers just to the con-
trary from the testimony before the Elec-
ton Commission, steruly asking what the
witness meant by thus contradcting him
self. Byrne insisted that he did not testify
to what Attorney Gator read as his testi-
mony before the commission He red
dened In the face and declared that il the
shorthand reporter had SO reported him he
bad made a mistake. Mr.. Gator persisted,
when Colonel OByrne called his atten ton
10 the fact that ne was reading the testi-
m0ny OF OBrien ana not of Byrne.
Attorney Gator apologiZed for his blum
der. The witness was excused and Colonel
OByrne remarked: "There is this dill
ference between Byrne and O'Brien: One
is descended from horsethevss aud the
other from kings"
The Judge Instructed the bailiff to pre-
serve order.
Leonard Hanley was the next witness.
IL was learned that he was friend of
Buckley. one of the defendants, and had
known him for twenty years, and that was
about all the information which could be
extracted. He persisted in failing to
recollect. and mario WHY escaped going to
JAIL He would not speak loud enough to
be heard even by the shorthand reporter,
who sat next to him, and was frequently
reproved by Judge Wallace.
The witness admitted that either Buck
ley, one of the defendants, or Higgins, the
andidate for the Assembly. had secured
for him the appointment of ballot clerk,
bnt could not say which of the two it was.
Buckley asked me II | wanted to go on
the board ana i told him | did not care
about it." said The witness. after a long
series of questions had been asked him.
He did not remember Buckley's saying
that be was interested in Higgins fight.