The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-15
AFTER BIG FISH.
Progress of the Suffer
Cases.
AN IMPORTANT WITNESS.
What a Baldwin Hotel Porter
Related.
PoINTSTO STERNBERG'S MASTER
Attorney FoOte Files a Remarkable
Document With Judge Hebbard
and Gets Into Trouble.
POINTS TO STERNBERG's MASTER


suffers was offered in Judge Wallaee's
courtroom late yesterday afternoon. It
tended TO show that S'ernberg was the
direct agent OF Mahoney 10 committing the
frauds. George Peterson. a porter at the
Baldwin Hotel, swore that Senator Ma
honey asked him to register illegally from
that caravansary. received permission
from Clerk Gilmore for him to leave his
duties 10 do so, ordered him to accompany
Sternberg to the new City Hall, and when
told that he had already registered from
his home swore at him.
The day was full of DEVELOPMENTS. At
tOrney Long narrowly escaped being
charged with contempt at the morning
session of the court. and at the afternoon
session was sharply rehuked by Judge
Wallace.
At the noon inIermission Attorney NJ.
NJ. Foote presented a remarkable docu-
ment, the outgr ow:h of the election cases,
to Judge Hebbsrd. and will probably have
to answer for contempt.
This is the condition of affairs in the
various cases now.
Cohen must stand trial for perjury.
The original charge against him for falsely
registering has been dismissed, as he a
peared as a witness and so gained immu-
nltY
Sternberg must stand trial on two charges
for procuring Dave Newman and Adolph
Gutman TO register falsely. The first
charge for procuring Cohen to register
falsely was dismissed as the prosecution
would Involve making Cohen witness,
thereby gaining him immunity on the per-
jury charge.
Buckley and Martinet are awaiting trial
on charges of falsely altering the returns
in favor of Higgins for Assemblyman in
The Tenth Precinct Of the Thirty-ffth Dis
trict.
James DunninR, P. NJ. O'Counor and Nj.
j. Gordon are held for trial in connection
with irregularities in the Sixteenth Pre-
cincJ of the Thiriy-frst District j. f.
Mullen, ID. +. Sullivan and John Riley
have fed the city. Mullen is SAID to be on
an outbound China steamer. All three
were election officers in the Sixteenth Pre-
ciuct Of the Ihrty-hrst District. Riley is
charged with impersOnating LiiZus. an
election officer who was iii in bed.
james DuHning, p. Nj. 0Connor and NJ
j. Gordon. three Of the election officers OF
the First Precinct of tho Thirty-tirst Dis
trict, charged with wilfuliy neglecting
their duties, were on q preliminary eyami-
nation held by Judge " allsce yesterday to
stand trial.
The decision of Judge Wallace is as fol-
lows:
person charged win the performance of any
duty under The provision of any law of this
Stale relating to elections, who wilfully neg
lects 10 perform that duty, Is punishable by fine
or Imprisonment III the State Prison or by both.
These accused persons, +. NJ. y Common, NJ. j.
Gordon and James Dunuing, were, all of them.
members OF the Board of Election of the six
reenih Precinct of The Thirty-frst Assembly
District at the election held on The 9Th day OF
November last. A duty with which they were
charged by law that as soon as all the
votes had been counted and sealed up they
should attach lists 10 the tally lists. which at
tached lists should contain the names OF per-
sons voted for, and for what Office. and the
number OF votes given for each Candidate, tile
number to be written az full length. and that
they should then sign these lists so prepared
and attached. The proofs show that neither of
these peTsOns-membrfs of said bOard-per-
formed this duty; they omit ed. and each Of
them omitted. TO Sign hhe said attached lists,
though The vOIes had, in fact, been counted
and sealed mp. 1t is plain, Therefore. that each
one Of them neglected 10 perform the pre-
scribed dnty Of signing The lists.
Their omission In that behalf amounted 10
neglect upon their part; such neglect imports
a lack of that degree OF attention on their part
To the nature and probable consequ noes Of
their omission, which Il prudent man would
ordinarily bestow In acting in his own concerns.
Such is the authoritative legislative definition
Of neglect (Penal Code, section z, subdi-
vision p
Tn plain consequence of their omission TO
sign the lists Of the Sixteenth Precinct would
be that The entire vote or th AT precinct would
be LOST, and all the persons lawfully voting at
that precinct would b thereby derived of The
elective franchise. such were among he prob
able consequences of their omission 10 sign The
lists, and such the degree of inaitention on
their part To those consequences; had all other
persons occupying such official positions as
they occupied conducted themselves as they
did In that respect, no canvass Of the vot al
The late election could have been lawfully
made-no results lawfully declared, and public
affairs depending upon the election would have
fallen into dangerous confusion.
But iu order 10 constitute their omission a
1Pf mn hann x4siI1F PM
Is person who "wlllfuliy negects" TO perform
his official duty as member of the Board of
Election, WHO ncurs the penalty rescribed by
the law. "Willfully." as appli-d to the intent
with which required act is omiIIed, implies a
willingness To make the omission. Such WILL
hngness does not necessarily import an intent
on the part of The delinquent to violate the law
] quote the legislative d iinitiOn OF the word
"wiIltuy." The word 'wifuly' when APP
piled 10 the intent with which an act is
omitted. implies simply will
Iiucness TO make The omission re-
ferred TO. IL does rot require any intent TO
violste law" etc. Prnal Code. section Z, sub
II these persons were not wiling to omi,
their signatures why did they not sign? The
place wherr they should sign was the election
booth; The time appointed by law for their sig
natures was the time when the counting and
sealing OF the votes had been concluded. Then
and tnere they should have signed. Ii then
present at the booth why did Trey mo- sign
when The votes had been sealed there? If alb
sent why had they Absen ed themselves when
II was heir duty to ne present?
They were rot sick-notaing had occurred
by which they bad been prevented from dis-
charging their duty In those respects had they
desired TO do so. Their neglect. occurring
under such conditions, must be characterized
as a winful neglect Such, as has been seen is
the authoritative definition of the statute itself
and such must have been the correct definition
igresneetive of'ine statute.
Under the provisions OF our law the position
OF a member o. the Board OF Election is one OF
great trust ana Of corresponding responsibility
The Incumbent should not only be honest bnt
a man OF intelligence well, and careful
man. He ou2ht 10 know his duty II he does
not know It ne is bound az his peril To inform
himself OF what thar duty is. and is therefore
not To be heard 10 say Eere that lie was ignO-
Iant Of II. He - 10 be held to have known all
about it thai il was his duty TO have learned
and under the statute is pronounced criminal
If lie omit 20 perform that duty. unless pre-.
vented by the act OF God or some other ire
sistible power. Nothing else can excuse him
No rule less exacting than this can be safely
applied TO ths official conduct of popular cleo.
LiOns.
The perjary charge Oh which Louis
Cohen was held 10 await trial and for
which be was arraigned came up next
Cohen had refused 10 plead on previous
occasion.
Attorney Long protested against the