The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-15


rs II you made affidavit" said Wallace,
;erenely.
We submit our objec iou." said Long
land oVerruie it," said the court.
Gomez again declined to plead, which
caused Attorney Clunie to say: 81 ask that
the plea of guilty be entered against hum,
ander the section of the code which pro-
vldes that where defendant stands mute
entered"
Judge Wallace would not consent to
such proceeding. He ordered the plea of
not guilty entered. and set the trial for
Thursday next.
Then Que OF the three charges against
SteTnberg was taken up. He had air eady
oeen held 20 await trial on TWO of the Sc
one for procuring Louis Cohen to register
falsely and another for procuring Adolph
Gutm an to register falsely. The eXamina-
ION proceeded on the charge Of procuring
Dave Newman to register falsely. An
other charge will be preferred against
Stern berg of procuring Sam Lust TO reg
lstes falsely, and others NAV follow.
Dave Newman was called as a witness.
Attorney Clunie proceeded to ask the
usual technical questions as to the name
and occupation of the witness, when At
lorney LOug interrupted with an objection.
MI Clunie proceeded.
Won't yo1 wait minute. please?" de-
manded Mr.. Long.
IF the court So instructs me-. replied
Clunie.
81 am instructing you," SAID Mr.. Long,
who then said something about not appear
Ing for Sttrnberg in the present case.
"Go on" said the court, 81 will not be
tr fed with in this manner"
The examination proceeded and Newman
started to relate the same story which he
had previously given as witness.
You are appearing as counsel, then,"
said Attorney Nougues to Mr.. Long, who
had offered a new objection.
II have to-" was the reply.
Let US proceed" suggested the court.
Mr.. Nougues explained that Mr.. Long
had SAID that he would not appear in the
present case, but the examination pro-
ceeded.
David Newman then stated at length the
various conversations with berg, who
had induced MIN TO regis er falsely fro IN
the Bald win, ana had given him money
with which to leave town in order not to.ap
pear as witness. The episode at Fa; Jack
O'C0nnnr'S saloon was gone over again
Attorney Long asked the witness il h
had been promised immunity by MessrS.
Nougues and Clunie.
Eve admit" said Mr.. Clunie, that the
witness will be protected, and that he was
assured that no harm could CONS to him If
he told the truth"
Attorney LING persisted in this style of
questioning until the curt interpoSed.
1--WE want 10 show that the witness has
been in the clutches Of Nougues and
Clune," said MIR. Long.
"Weil. if he was-what of it?" asked
the court. Il rule the question out IF
order"
Sam Lust corroborated the testimony
of Dave Newman.
In crOss-eXaminlng each witness Attor-
ney Long went into the details of their
visiting notorious places, but was checked
by the court
In the case of Lust he sought to persist
in this form of questioning.
"What il The materially of these Ques-
tions 90 asked the court.
"Wny-why, this Is Mr.. Lust" said Mr..
Lone, and
1--WE know that" said Mr. Cluuie.
Further questions OF the sort were not
allowed.
Adplph Gutman corrobora ed the testi-
mouy OF Lust and Newman.
h. L. Morrison. clerk in the office of
the Registrar, gave testimony as TO the
registration of GuIman, Newman and
Lust.
Brush Hardenbergh' name was called,
but he did not answer. Mr.. Clunie sought
to have Dir. Long agree as 10 certain evil
deDce which Mr. Hardenbergh would give.
This was re used, and he court was then
asked to adjourn until O'Clock in order 10
procure the presence of Mr.. Harden bargh.
This was done. At this junctnre Mr. Long
asked that the adjournment be made until
? o'clock. Judge Wall .ce refused to make
the extension.
ST the court will do So" said Mr.. Long,
Il will admit what the prosecution seeks
to offer through the testimony of Mr.. Har-
denbergh."
II have no bargains to m axe, said Judge
Wallace sternly. 1.-THE court stands ad
journed until l o'cl ,ck."
Meantime another phase of the election
cases came up In another court.
There was a pretty little scene enacted
after the conclusion of the morning ses-
sion IN the courtroom presided over by
Judge Heboard. 1t was scene that,
though short. was far from sweet, and
will in all probability result in dire
trouble for Attorney Malvern NJ. Foote.
Judge HebDard, who is acting as Pre-
siding Judge this year. was on the bench
and was about thinking of retiring 10
luncheon wien the door opened and the
majestic form OF H. l. Kowalsky strod
into court. Only for an instant though.
as the gallant colonel just looked around
and then retired. Presently Malvern M.
Fuote came into court and asked leave to
address the bench.
The required permission given. Foote
produced from his pocket what looked
like message scrubbed On the back OF an
old envelope and proceeded to read there
fIom. The document was evidently not 10
Foote's own handwriting. for be expert
enced great difficulty in reading it, How
ever, little by little it came out as follows:
We desire to protest against William I. Wa J.
lace as Judge of the Superior Court trying
these cases on bebalf of each and every one OF
the defendants IN the said Sixteenth Precin CT of
the Thirly-tirst District, and especially on be-
bali of OCOnnor Gordon and Cunning. And
we protest 10 assigning them 30 Inc said Judge,
on the ground that The defendants are entilled
To trial before an unbiased Judge, and one
who has not expressed his opinion, or fOrme d
or expressed his judicial opinion regarding th G
guilt or innocence OF said defendant g. and a
Judge not personally Interested; that there are
elev n other honorable Judges of this court
who are free from bias or prejudice in these
cases. The defendants believe the said judy
cannot be either free or unbiased or Gnpreju-
diced, having already decided that these men
aIe guilty; that the defendants believe they
cannot obtain fair trial before said Judge
Wallace. for the grounds following:
FrSt-The honorable Judge OF the court vol.
unteered TO hear The cases as a committing
magistrate, there being four Police courts
where these cases ar usually and should be
regularly heard and arraigned
Second-That there Is Grand Jury before
whom these cases are usually heard and exam.
ined into
Third-That these cases are of political
character, and that The prosecution OF the same
Should be in The hands OF Judge who is not a