The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-04
BEFORE WALLACE.
Cohen Must Stand Trial
in His Court.
RAPID PROGRESS is MADE.
Steinberger Is Arrested on New
Information.
ANOTHER FELONY is CHARGED.
Those Who Are Up for Frauds in
Connection With the Election
Are Badly Worried.

Wallace referred to this fact, stating that
there ought to be no more persons in the
courtroom than seats could be found for,
but by reason of the unusual interest
manifested in the case before him he
would not enforce such a rule, though
good order must be observed. Then he
referred 10 the abusive language which
had been INDUCED in on the day before
after his retirement from the courtroom.
"The mere circumstance that Judge
withdrawS from the court is no excuse for
vulgarity," and he looked at Attorney
Long, who WINGED. According to the
organization of the Superior Court it
never adjourns; 1t merely takes "a recess.
The line which divides the chambers from
the court is an ideal one. Though the
Judge has left the bench, disorder in the
courtroom constitutes contempt of court,
and l shall deal severely with such
offenses in the future. This place is dedl-
Gated 10 justice. and must be kept clear or
all misconduct"
1t was agreed among counsel that the
Cohen and Stein berger eases should go
over until Wednesday. Attorney Long
presented a bail bond for Cohen's release,
who is held for perjury. The bond was
like the original one with the substitution
of j. Cohen for Leon Dennery as a
security, DuL III udu nv DCcA pIOOoA y VIII
messed by a notary, SO Attorney Nougues
claimed, who declared that initials had
been filed in without notary'S accept
ance. Attorney Long appealed to the
court, but Judge Wallace told. him 10 come
back at noon. and so the attorney f1Ounced
out of court in high dudgeO1. and the in
oury into the frauds in the Tenth Precinct
of the Thirty-fifth District was resumed.
Before it had progressed to any extent
an interruption came in the person OF Ed
mund TauszkY, who declared that Judge
Hebbard had asked him to step into the
courtroom, to- see if Judge Wallace de-
sired TO be relieved OF passing on the SUI
fcjency of Cohen's bond.
1t seems that Long had gone to Judge
Hebbard to endeavnr to have him pass
on the bond. Clune volunteered to go
into Judge Hebbard's courtroom, where
he stated the circumstances of the case.
Long asked if his client must remain
"handcuffed and tied in jail' when he was
ready to give a good bond?
"Oh, that's not So" said Clunie. His
client is sitting in court wreathed in
smiles The handouts are in the bailiff's
hip-pocket. l do not see the necessity for
rushing this matter. Tie bond is for $10,-
900. and don't care to pass upon 1t in ten
minutes"
WELL" said Judge Hsbbard, 81 would
not accept such bond in its present form.
There are a number of erasures in this
bond, and they have not been initiated by
the notary. | will rsfer this matter back
| 10 Judge Wallace"
81 ask" said Long, "that the record he
m abe t. show that man is kept in jill.
Notwithstanding the fact that he Is pre-
pared to give a good and sufficient bond"
'Ali right" said Judge Hebbard. turn
ing to the stenographer, land let it fur
Their appear that [ adjudge this bond TO be
not in the proper form, and that, in view
of the fact that 1t is now 10:30 O'Clock and
that Judge Wallace has agreed to examine
the bond at IL. [ do not think it necessary
for the maintenance of justice to interfere
in these proceedings"
While this was going on in Judge Heb
bard'S court l.. A. Taylor. Republican
Judge in the Tenth Precinct of the Thirty
fifth District told what be knew of the
work done by the various officers in the
booth.
John Z. O'Bren, clerk in the precluct,
testified at some length, but his evidence
seemed to have no important bearing on
the case.
At this juncture there was a lull in the
proceedings, OF which District Attorney
Barnes took advantage to announce that
presiding Judge Hebbard had assigned
Cohen's case for trial for perjury to Judge
Wallace. Barnes asked that Cohen be ar
raigned as soon as possible.
AS Attorney Long was out of the court
room just then. no action for the moment
was taken.
George II. Pettis. Populist watcher,
told what he knew OF affairs in the Tenth
Precinct Of the Forty-fifth District He
saw Martinez and Buckley in restaurant
or saloon with election returns. He told
of his experience In the booth. 81 was Il
Populst watcher. The election officers
tried to puildoze and buIlyrag me. Mr..
Buckley took the principal part in the con-
versation," said the witness. "The vote
Nahr cHoU a car i-bf11 n q I'm T1o
stood DOMAIN 101, Ewing 80. Higgins 81"
The witness produced book in whici he
bad made those figures. He got them from
the Reeistral's Office. Subsequently he
went TO the Registrars office and The vote
from the altered returns was given as
Donlan 80, Ewing 80. Higgins 135.
Pettis swore that j. II. Mcdonald, an
election officer, had told him that he did
not sign or authorize any one to attach his
signature TO the returns and that IL it had
been done it was a forgery.
Mcdonald, who had previously been a
DON'T remem ber-can' recollect witness,
was called to the stand. He denied the
statement of Pettis.
Calvin Ewing Jr., the son of the Popu-
list candidate, told straightforward
story. He went to the booth on Wednes-
day morning between and o'clock and
made a memorandum of the vote. He
produced the memorandum in court.
Buckley had called off the figures to him
ana he had looked over his shoulder al he
did 80 and saw that they were correct.
dis memorandum showed the correct M
altered vote of Donlan 101, Ewing 30. Hig-
gins 81. q
David J. Cr2mer. an Inspector for the
Harb0r Commissioners, was called, but
little was learned from him.
At noon the new bond of Cohen was
presen ted by Long and finally accepted.
Then Long was greeted with surprise by
the renewal of the District Attorneys
motion for speedy Arrangement of Cohen.
Ii was finally agreed that this should take
place Friday morning.
The biggest surprise was that in store
for Steinberger who was ordered re-
manded to Jail. with bail fixed at $4,000,
on another charge of felony similar TO the
first one. In this instance, instead of il
legally conspiripg to have Cohen regis
tered. he is charged with inducing Adolph
Gutman to commit the oifense. Gutman
will go on the stand to-day and will prove
most important witness. The original
case against Steinberger went over till Fri
day.