The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-11-13

done before on the advice of counsel, and
it would only be imposing an additional
hardship TO fine him again.
Mr.. Nougues went on to state that the
Supreme Court of California had. within
the last two months, decided that when
the law gives immunity to a witness, he
can be compelled to answer. This was In
the Clark case, and it was decided that
such testimony bars prosecution for any
offeuse which the witness might disclose
in his testimony. If Cohn had committed
perjury in order to accomplish the frsudu-
lent registration and confessed it in his
testimony, he could certainly plead that
testimony as bar to prosecution.
81 will ask Messrs. 10 walsky and Cook"
said Mr.. Nougues. whether any point is
to be made that these questions are not
material?
NO." answered Mr.. Kowalsky, "the
only thing we hold is that under the con-
stitution he is not compelled to"
At this point the court shut off dis
cussioD, and Mr.. Nougues suggested that
as they did not care to put on any other
witness than Cohen at present, they would
ask that the hearing be continued until
Friday at o'clock. when. it was hoped,
decided. Mr.. Kowalsky agreed, and the
court so ordered.
The main case was then resumed.
Bookkeeper French of the Baldwin Hotel
was again put on the stand. He had the
| transient ledger of the hotel with him this
time and turned to the record of the
month of October. 1t con tanned a record
| of every room given to every guest He
Ia mr. hat ho had
to anybody for room AL since October 3;
had no agreement with anybody for pay
ment for that room for that period; had
no bill for w. 4. Russell for that period;
none for David Newman; none for Will
liam Ward, William O'Brien. w. Fl. Cav
lord. G. E. Ellis. A. Gutman, Bernhardt
Myer, j. S. Sharp, W. E. Shane and E. A.
| Wright.
Nobody had had any conversation with
him about any of these fourteen men
about paying for their rooms. TIE only
| thing he knew was that a man came in on
election day. said his name was Shane and
he roomed at 50, which was part of a
parlor. He asked for his bill and said he
was in parlor 80. Witness looked on the
rack and saw a card in it with the name
of Shane on it. He told him he had no
bill against him. Shane said he had been
rooming there and his bill would be paid.
lie said he would 60 and see Mr.. Boothby
about it. Shane was a white man, dark
complexion. medium size. Didn't think
he would know him again II he saw him.
MIR. Nougues asked that subpoena be
| issued for Boothby.
Witness saw q number of cards in the
rack marked with the names Of these men
~ IT,
in the hotel is5to put only the name of the
guest on the card with the date of the ar
rival and the price of the room. Never
inquired what that mystical letter m"
meant. He did not see the price of the
room marked on any of these cards. He
paid no attention to the matter as it was
! not his business, but rather that of Mr..
Dexter. Didn't know of any one to whom
| he could refer court or counsel from whom
the information could be gained. Nobody
called his attention to the matter, except
that Mr. Hardenburg told witness the
names were there.
what was the OCCASION" asked Mr..
Nougucs, "of Mr.. Hardenburg's telling you
these names were there?"
81 don't know. 1t was along early in
October sometime. don't remember what
| he told me-.
What could have been the object of
Hardenburg in telling you what these
names were?"
"They were not on the register; probably
that was the reason
"What did Hardenburg say to you
about it?"
Il don't remember what he did say"
HE told you the little cards marked
with an M were in the rack. didn't be? ?"
"There were other cards besides those.
There is not usually an initial placed on
any of the cards in the rack"
what did You say to Hardenburg when
he told you the names were there?"
81 do not remember what conversation
we had. told him I had nothing to do
with them and wouldn't have"
"Would not have anything to do with
those names that were being put in
there?"
"It was mono of my business. II was
out of the ordinary rule of business