The morning call., 1894-03-25
DRIVEN TO 1T BY POVERTY.
His Object the Release of His
$500 Cash Bail.
NEEDS MONEY TO PAY DOCTORS.
District Attorney Barnes Intercedes
and Judge Slack Advises an
Appeal to the Governor.

A peculiar case has just come TO light in
the Superior Court, in which a criminal
judgment rendered and affirmed more than
four years ago has. partly by an oversight.
failed to be put into execution.
II was in September, 1888. that criminal
information was filed against one A. +.
Tonielli on q charge of extortion. The
victim of Tonielli's wiles was Edward
Larcher, principal of Larcher's School of
Languages, and the extortion complained
Of was contained in the following letter:
CITY, August 3, 1888.
z. Ldrcher. City-DEAR SIR: Having bren
asked by MIR. Desbayes of lie Bayald" TO find
facts that might serve as proofs OF what he as
out these facts and have found all, while be
was naturally to pay me. But before reveal
any thing wish TO let you know that II you
give me $500 VIII not only sag nothing but
thing, should they employ detectives. l want
500 at once aud The balance when the case
comes out. guarantee that II 1 keep silent
they VIII lose the case, aud you get your
$4,000. Answer must come before tonight.
Address 72112 Bush street. Yours
a. p. TONIELLL
Mr.. Larcher, however, did not come to
time as Toniell desired. but went at once
10 District Attorney E. B. StonehiI, who
caused Toniellrs arrest.
Tonielli was released on $1,000 bonds,
pending his trial, and this bail was alter
ward reduced to $500, Robert Ash and
John McGeary going onthe bond as sure
ties. The trial did not come off until JAN
uarv 29. 1889. when jury in Judge SulI-
vans court found Tnnielli guilty of extor-
ton. with q recommendation TO mercy.
On February 7. 1889, Tonielli was sentenced
to serve six mon hs In San Quentin.
Notice OF appeal was ven. a certificate
OF probable cause granted and Tnnielli's
case carried to the Supreme Court. To-
nirlli was admitted to bail in the sum of
$500 cash. which was furnished by W. 81.
Matthews, his attorney, The Supreme
Cuurt, however, sffirmed the judgment of
the lower court, and sent down a remItti-
tur TO that effect on December q, 1889.
Mean W hile, however, TonielIi had gone
East, and the $500 cash bail lay undis-
turbed in the hands of the treasurer, and
the case dropped out OF the minds of
everybody. New administrations came
in. and :he Supreme Court remittitur was
tackled ON to he ordinary papers in the
case, although these were made up aud
stamped as complete ten months before the
Supreme Court decided the case.
On Friday afternoon last District Attor-
ney Barnes, ACCOMPANIED by ex-Judge
Hornblower, Attorney Matthews AMI a
stranger, went before Judge Slack and re-
Quested an audience. The stranger-a
tall. middle-aged. rather fine ooking man
was then introduced as the lOng-io A. p.
Tonielli. He had q strange request to
make of the court.
Tonielli said he had been East for some
time, but after varying circumstances had
made his way back to The Pacific Coast.
Luck had been against him, and he now
found himself without means or occupa-
ton. But it was not on his own but on
his wife's account that he wanted to
speak. His wife lay dangerously sick. and
he had not the means wherewlth 10 pro-
cure her the aid she needed. So he now
came into court, Offering TO give himself
up and go back IT, Jail, prov ded that the
$500 cash bail deposited with the treas
urer long Years ago he re>tored to him for
the benefit of his sick wife.
District Attorney Barnes said that he
understood that the Supreme Court had
affirmed the judgment of the lower court.
but that the remittitur was not TO hand.
1t bad, however, been spread on the
minutes of the court in Department of
the Superior Court Oh January 10, 1890
after the late Judge Shafter had succeeded
Judge Sullivan in that apartment. Mr..
Barnes suggested that judicial clemency
be shown to Toneili.
Ex-Judge Hornblower and ATTORNEY
Matthews also spoke up for the defendant,
and Judge Slack reflected for few mo-
ments. Finally he decided to do what he
could Tor the Denltent convict.
1t was decided that TOnielIi should be
released on $1,000 bond pending the in
vestigati0n of the case. and that stay of
sixty uays should be allowed in order that
Tonieili might have an opportunity TO ap-
peal to the Governor for executive Glenn
ency in the matter. Meanwhile, as soon
as a satisfactory bond was flied, an order
on the State would issue directing that the
$500 cash bail be released and EMPLOYED
for the benefit of Tonielli's sick wife and
family.
Tonielli appeared profoundly grateful for
what had been done for him, and modesty
thanked the Judge and attorneys as he left
the courtroom.
District Attorney Barnes will in all
probability bring his personal influence to
bear upon Governor Markham to obtain
full pardon for Tonielli.
When the vote of q Jury in GermanY