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

round face. 1--WE shall be very pleased to
appear" he said, bowling low.
You will have all the chance Won
want" replied Judge Hebbard. you
shall have the citation served upon you as
soon as it can be made OUT
F0ote then asked the court, pending the
proceedings, to assign no more cases to
Judge Wallace. But his request pToved
unfortunate. as Judge Hebbard became
more and more INDIGNANT. He curly told
Foote that be should assign cases just as
he pleased as long as he remained Presid-
ing Judge. "And | shall listen t. the ad-
vice of no one save that of the Supreme
Court"
The matter there terminated for the
present, aud Foote retired TO tell his col
leagues ali about it.
At the afternoon session of JUDGE Wal
lace's court Deputy District Attorney
Black declared that there was no case
against MoZaa u, clerk in the Sixteenth
Precinct Of the Thhtv-frst District; that
his duty was one of at1estation. which
could not be performed until the officers of
election had signed the lists. Accordingly
the court ordered the charge against Mo-
Zeau dismissed.
Brush Hardenbergh, clerk at the Bald
win Hotel, testified that the books of the
hotel showed tiiat Dave Newman W as not
resident of the Baldwin at the time he
registered tor election purposes, and that
The prosecution rested. Attorney Long
argued at some length, asking that the
charge against Stern berg be dismissed.
Attorney Timothy Gro wiley, who appeared
jointly with Long in the Sternberg case,
also argued the motion to dismiss.
The court reviewed the evidence sub
mitted. There was evidence that an Of
Tense had been committed. Newman
swore that Stern berg had induced him to
register falsely, and he did register ia sely.
Gutman WAS not accOmplice in that case.
He testified as to conversations in which
Sternberg sought to induce Newman 10
leave town. Another witness had teSti-
fed TO the same fact.
The difference between committing
magistrate ana trial Judge was clearly
shown. 10 the first instance the law re-
CURED merely reason 10 believe defendant
guilty. of the Offense. In the later case
the offeDse had to be proved beyond rea-
sOnable doubt.
Judge Wallace declared that he would
commit the defendant Sternberg to stand
trial.
Attorney Long asked that Sternberg be
allowed to go on his own recOgniZance, as
he was already ubder $50 900 bonds on
similar charges.
Attorney Clunie asked that the order
fixing bail be withheld for half an hour. as
he would then have some evidence to offer.
The court granted the request.
The charge against Louis Cohen for
falsely register ne was then taken up.
Cohen had already been held TO answer a
charge of perjury. Attorney Long sought
to have the charge dismissed, claiming I'M
munlty for his client on the same grounds
that Immunity was claimed and allowed
for Newman, Lust and Gu man.
Attorneys Nougues and Clunie opposed
this position. as the testimony given by
Cohen had not incriminated him. for he
swore that he lived at the Baldwin. If
his evidence WAS true DO offense had been
committed, and he could not incrminate
himself
Judge Wallace summarized the testi-
mouy and ordered he charge against
Cohen for false registration dismissed,
holding that be had gained the same in
munity as the other witnesses by his testi-
mnny.
Louis Cohen was then called to the
stand 10 testify in the original case against
Stern berg.
As he took the witness-chair, Sternbe
arose and asked time to engage counsel
1t was asserted that MIR. Long was his
connsel.
Il am counsel in the other case, not in
this" said Attorney Long. 81 want more
money If l am going TO act as counsel in
this proceeding. l am not working for
love, as YOU are" he added, looking at At
torneys Nougues and Ciunie.
a
ney Clunie showed that Long had APP
peared in this very case.
Proceed" said the court.
Where do you reside q" asked Clunie,
''Now?" asked Cohen. ''At 334 Turk
street."
"Where did you reside on October 3?'
asked Clunie.
This YVES the date upon which, at pre-
vious appearance. Cohen swore that he re-
sided at the Baldwin. For this statement
he was held to stand trial for perjury.
There was panic. Then Cohen began
a ram bling attack on Ciuuie. He dec AIRED
that Clunle and Stilwell had promised him
once that IL he testified he would be al
lowed to 20 free; that they had said he
could go in half hour, and instead had
had him arrested for perjury.
The court checked the witness. Altor-
nev Long objected 10 the witness an
swer, on the ground that the prosecution
was trying to force him TO commit perjury.
i withdraw the question. That is ALL"
said Clunie.
the witness sat stock STILL
Then Attorney Long, with a great grim
smile on lbs face, halt stood up, and beck
0ning to e hen SAID, Come off The stand"
The witness did not obey. aud his attorney
emphatlcally repeated the gesture and the
remark. Come off the stand"
The grim smile disappeared suddenly
from the face of the attorney as Judge
wallace administered a sca;hing refuse
Il want You TO behave yourself in court.
| won't have such proceedings" said Judge
Wallace. You must behave
Attorney Clunie asked that the original
charge against Sternbsrg of procuring
Cohen to register falsely be dismissed on
the ground that Cohen's attorney refused
to allow him to testify for fear of periur-
ing himself.
This was done. Attorneys Long and
Crowley smiled with satisfaction. This
meant that Sternberg was held only in
$4,000 bond Oh charge of getting Gnt-
man TO register falsely, and the bond was
the one upon which Bookmaker Hum
phrey qualified. The bond on which 3.
j. Ba dwin was surety was discharged by
the dismissal of the original action against
Stern berg
The smile OF tie attorneys for the de-
Tense broadened, but it did not last.
"And l ask that Stern berg's bail in the
case where ne is held to await trial Tor
procuring Dave Newman to register
falsely be fixed at $4,000, = said Clunie.
This had not been anticipated. Long
asked postponement until Monday.
There is no question in your Hopor's
mind but that Stern berg will be here Mon
day." urged Attorney Crowley. "He is