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

1.-The continuance was granted the otner
day." SAID Judge Wallace, mot on the
| ground that you were not here. but be-
cause the other attorneys had just seen
the complaint, and were unfamiliar with
it. The examination must proceed"
"Wel, thep," said Mr. Cook, 'we move
10 dismiss the complaint on the ground OF
| it's insufficiency."
The court signifed its willingness to hear
him. and Mr.. Cook proceeded 10 read sec
ton % of The purity of election laws upon
which, he said, he understood the case
was based. Reading then the allegations
in the complaint ne remarked that il
failed 10 show In what precinct in the
| county the fe lOny charged had been COM
mite d. He discovered further down that
| it read, Louis Sternberger did then and
there willfully. feloniously and unla wfully
| cause, procure and allow one Louis Cohen
TO be registered in the First Election Pre-
cinct of the Forty-third Assembly District"
He contenied that in the complaint there
were no facts or circumstances OF the
crime set forth that would put the defend
| ant on his notice as 10 what he had to
meet.
81 don't see how the prosecution could
go any further than that" said Judge
Wallace.
There appears in this complaint abso-
lutely no allegation al all that it was the
duty, in any respect. of the defendant to
prevent the man Cohen from registering;
and yet 1t alleges that ne willfully and
| felo niously allowed him to register
And procured him to register" inter-
posed the court.
And allowed him." repeated Mr.. Cook.
IF he procured him, that's enough. isn't
! it?" SAID his Honor, somewhat i'm
patiently. 81 override that notion"
| Attorney Nougues called out for Cohen
to take the stand. Mr.. Cook loudly OBJ
jected to putting his client on the stand
and Cohen hung back.
Come around here" exclaimed his
Honor, as be sought Cohen out in the
crowd around the attorneys table aCd
pointed TO the witness-chair. Cohen looked
appealingly at Carroll Cook and the latter
advanced to the rail.
NOW. if the court please" he expostu-
lated, las attorney for one of the wit
nessss, l object to bis being put on the
stand. l ask the court to instruct him as
to his rights"
81 decline to do It, SIR" retorted his
Honor. Take the stand, Mr.. Cohen"
And the defendant gingerly took his
place on the chair. nervously nursing his
brown derby, awaiting the ordeal.
MIR Cohen. where do you reside 2"
asked Mr.. Clunie.
81 refuse to answer" said the witness,
the We rds struggling with several Jumps in
| his throat.
Colonel Kowslsky got 10 an objection to
| the question, but when he Rscertained
what was the answer of the witness he
let it go.
Il would ask that the witness be in
| strueted to answer. if the court please"
said Mr.. Clunie.
81 understand" said Mr.. Cook. "that
the witness declines to answer. and l sup
pose he has a reason"
81 decline to answer" said Cohen,
grasping at the straw thrown out by his
attorney, "being afraid that may inctim-
mate myself"
GU decline to answer" emphasized
Mr.. Cook. because You think an answer
might convict you of a felony"
''Of this felony charged in this case"
asked Judge Wallace.
"Of felony" said Mr.. Cook: mot of
this one particularly-of felony"
81 refuse TO answer" chimed In the
witness again, 'as l am afraid to GRIM
mate myself"
at is legal impossibiity in this case"
said Judge Wallace. turning to the wit
ness. ''to expose yourself to a prosecution
from what you may testify here. l in
| struct you that. You are bound to
answer; you must answer.
Read the q uestion 10 him.
The ten ographer read the question as
to Cohen's residence, and the witness
again stated bis refusal 10 answer, with
the same explanation-that he was afraid
of discriminating himself. He slipped
cog at the next question. however, and
stated that Louis Cohen was his full
name.
"On the Sd of October. 1884," continued
MIR. Clunie, where did you rrside?"
Again the witness declined, while he
| fdgeted nervOusly around on his chair
under the strain. All eyes In the court
room were fixed on him, and there was
general impression that some thing worth
waiting for would soon happen.
do you know the defendant, Louis
Stern berger?" he was asked, and his re-
fusal to answer came promptly.
| Now, Mr.. Cohen" said Mr. CInnte. ris-
| ing. ION behalf of the prosecution in this
case. l desire to inform you, to keep the
record straight, that the prosecution states
it does not desire 10 press the case against
you"
1.-The statute prevents that" said Judge
Wallace. The fact that he is examined
in this case is a bar to a prosecution
| against him. In view of the fact that the
law affords him protection against any
prosecution for anything connected with
this transaction. from the fact that he ap
peared and testihed-it is an absolute bar.
even though they might be able to
prove the charge; so that the Idea that he
would iucriminate himself is a legal i'm
possibility"
Carroll Cook wished to ask the witness
question. but the prosecution insisted on
its rights. The last question was read to
the witness. and he again refused to an
swer it. Half a dozen more questions
we're fired at him.
Ibid you have any conversation with
| Mr.. Sternber on the Sd of October,
1894, respecting the procuring of yourself
to be placed upon the great register OF this
city and county?"
81 decline to answer"
"Or on a precinct register Of this city
| and countvp'