The morning call., 1894-11-09

complaint alleged to have been fled, and
the further ground that the court had no
jurisdiction in tile matter.
Judge Wallace said there was not the
least doubt but that the complaint had
been fled. He had seen ii himself
Mr. Krwalsky Insisted that in any event
the defendant in an action of this kind
was entitled TO continuance as matter
of right.
Charles J. Stilwell. the complaining wit
ness, and Attorney Andrew j. Clunie took
the stand and swore to the filing of the
complaint and as to its contents; that
Stern berger mad violated section % of the
purity of elections law in procuring one
Louis Cohen to register falsely in the
Forty-third Assembly District.
After considerable argument, during
which Judge Wallace took occasion 10
reprimand Attorney Kowalsky for meth
DDS not consistent with the dignity of the
court, his Honor stated be would allow
the prosecution to supply the missing COM
plant with a copy ii 10 could. He asked
that, to follow the statutes, the prescott
ing witness make an affidavit in line with
his testimony concerning the loss of the
comp amt.
A few moments later it was discovered
/ that the bond in the sum of $4,000 fur
nished for the release OF Stern berger, with
+. j. Baldwin and Jim Glleran as sure
ties, was also missing. 1t was not in the
possession of the Sheriff, where it should
have been, and there was n record of its
ever having been filed in the County
! Clerks office.
Attorney N0ugues asked that Louis
! Cohen lake the stand. Mr.. Kowalsky OBJ
! jected until the complaint under which his
| client was arrested was produced.
! Mr.. Clunie arose with The statement that
| as he had no desire to cum Der the records
of the court he had resolved not to pre-
pare the affidavits requested, but would
| present a new complaint and ask that the
defendant, Sternberger, be arrested.
Attorney w. b. NJ. Cook, who had a
seat Dext to Stein berger. arose at this point
and objected to any such order of arrest,
| for the reason that the defendant was
already in custody and he could not be
| jenpardized twice for the same offense.
! Judge Wallace then reviewed the pro-
! ceedines in the filing of the original CON-
plant and the testimony as to the loss OF
! the document and stated that he would
| make an order Diminishing the proceedings
| upon that complaint without further ex-
| animation.
Mr.. CIunie asked that the bail of the
prisoner be fixed at $4,000.
Cohen then took the stand at the request
| of the prosecution. Mr.. Clunie was pro.
ceeding to question him, when Mr.
| asked that the court instruct the witness
not to answer any question that Nigh,
place him within the liability OF the Penal
Code, or that might tend TO incrimnale
! himself.
Attorney Clunie called the attention oil
! the court to section 80 of the purity oil
elections law. which provides that wit.
nesses turning States evidence should be
given immunity for participation.
Il stated to MIR. COnen," he contin ued
that il he would make full statement
of the matter no prosecution OF hin
| could be had. l ask that under section 8.
the witness be instructed to answer, and
be also instructed that under the last pro
vision of that section no prosecution car
be had against him."
Mr.. Cook stated that the defendant wa.
not prepared to proceed in the matter, ha "