The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-02-21
THREE AFFIDAvITS LODGED.
Divekeepers Have Their Cases
Transferred.
JUDGE JoACHIMsENs ACTION.
How the Decision i'm McAuliffe'S
Case May Serve TO Block the
Wheels of Justice.

Inc decision OF Judge Murphy I'D the
matter of McAuliffe and Floto. ordering
an ordinary writ of mandate to issue CON-
pelling Judge Conlan to transfer their
cases to Police Court has caused con-
sternation in police and Police Court
circles
1t opens wide the doors of bnnko steer
ers. gamblers, divekeepers. Migrants and
every person charged with misdemeanor
to defeat the ends of justice by demanding
changes of venue until the courts become
so Blocked and the prisons so filled with
petty offenders that the cases Will perforce
be stricken from the rolls.
Carroll Cook, who was attorney for
Judge Conlan, in the argument on the
motion for the issuance of writ in the
McAulitfe case, set the ball rolling yes
terday. He appeared in Judge Joachim
sens court as attorney for '. Trepani,
Henry Monroe and Ned Foster. who were
arrested several months ago for violation
Oh the dive ordinance. Their cases have
been continued from time to time and
there is strong possibility that 0w they
VIII never come to trial.
As soon as the cases were called Cook
rose and offered an affidavit from each
defendant alleging bias on the part OF the
Judge and asking for q change of venue.
The move was entirely unexpected and both
the Judge and Prosecuting Attorney Caoaniss
were taken by surprise. CabanfSs protested
and characterized the proceeding as an out
rage. while The Judge who saw the significance
OF The move. quietly asked when will these
applications cease?"
They will not cease in any eases In which l
appear" replied Cook, 'uDtil every Police or
justices court in the State is exhausted
The Judge made an order transferring the
cases 10 Police Court 4, and Cook remarked
that he had thirty similar cases coming up in
That court today, and he proposed TO ask for
change OF venue IN eaeh case.
when do you expect to go TO trial?" asked
Judge JOacnimseu.
Never" was the attorneys significant re-
ply. After he had left the courtroom lie gave
his views fully on Judge Murphy'S decision.
III the decision Is law" he said, Il intend TO
take full advantage OF IL. L took occasion to
point out in the brief / submitted TO Judge
Murphy what the result would be.
I'll be decision does not affect felony cases.
put pears on every misdemeanor, and will
= tty offenders TO trial. 1t is in The interest OF
lawessness and disorder, as il makes it impOs-
sible 10 punish petty larcenists and those guilty
or such like crimes.
"Une can easily imagine the effect II will have
upon the order OF The community. In the first
place. all the dives VIII Immediately resume
business Side entrances VIII be opened, and
faro and other prohibited games can resume
business and laugh at all attempts OF the police
10 close THEM, Tor the simple reason that it viii
be found impossible TO bring them 10 trial. In
the Superior Court cannot be calcuIat' d."
Judge Joachlmsen thought there was one
way 10 stop the new order of things, and that
was 10 have some OF the men who alege bias
and introduce affidavits asking for a change OF
venue arrested Tor perjury. When reminded of
the fact that Judge Conan had refused Me-
Auliffe's application for a change of venue on
the ground that The allegations IN the affidavit
were false In every particular and his action
had been Overruled by Judge Murphy, he re-
marked: "Mell. then, our hands are tied and
see no chance of relief until the Legislature
meets ana changes tile law. Ii will lake a year
10 bring about such a result, unless matters get
10 such point that the demands of the time
viii warrant the calling OF an extra session 10
furnish relief"
Chief Crowley said yesterday that the dec-
sion would have a bad effect. IL would be
almost impossible TO convict bunko-sIeerers
and gamblers, Who as a rule, had plenty of
money TO pay attorneys for using every means
10 get them clear. 1t stood, therefore, to rea-
son mat THIS decision would be taken aGvan-
tage OF by these men by asking for changes of
venue, and all The time they could be out on
pail and carrying on their work. He sincerely
noped that some means would be speedily
adopted 10 get the decision changed.
III was suggested yesterday that conference
OF the Police Judges and Chief OF Police should
be held 10 prepare Test case for submission TO
the supreme Court as She best and quickest
way out OF the mess which is sure 10 come.
captain Lees, IN speaking OF the decision last
night, said: 1T is nonsense for Carroll Cook to
say that lie will carry the cases from court TO
court IN the way he has outlined. When a
cnange OF Venu" Is asked anu granted and the
case comes before the other Judge II is sim
pie thing for that Judge TO refuse a similar re-
quest II made. Then writ would have 10 be
applied for Ia compel him to make the transfer
ana he Superior Court Judge would, i feel
certain, remand the defendant. on the ground
that ne was trlfling with the court"