The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-02-14
CHANGE OF VENUE.
A Sensation in Judge
COnIan's Court.
Jack McAullffe, the Lightweight
Bruiser, Makes Affidavit He Will
Not Have Fair Hearing.

There was a decided sensation in Judge
Conlan's court yesterday morning and
from the fact that the courtroom was
crowded almost to suffOcation it looked as
IL word had been sent around among the
city sports that something of the kind
might be expected. 1t was utterly impos-
siDle for the bailiff, aided by several police
men. to keep the crowd back. They
blocked the aisles and had it practically
their own way. But they behaved Them
selves properly and took marked interest
In the proceedings.
The reason for the presence of the i'm
mense crowd was the case of Jack Nc
Aul life, the champion lightweight bruiser.
and Otto c. FlOto, his manager charged
with battery upon Young Mitchell, the
middle eight champion. They were rep
resen ted by Attorneys Regensberger and
McPike.
When the case was called the defend
ants attorneys made a demand that the
hearing should take place before another
court. on the ground that Judge Conlan
could not or would not deal fairly and i'm
partially by their clients.
In support of this charge they presented
an affidavit jointly sworn to by the de-
PENDANTS in which they declared they had
been informed and believed that they could
not have fair trial in that court. They
had been informed that the Judge was a
personal friend of Mitchell, the complain
ing witness, and both belonged to the
same lodge of secret society. They had
also been reliably informed that during
the first calling of the case reporter and
two policemen talked with the Judge and
endeavored TO bias him against them, and
that after the continuance had been
granted reporters had stated publicly that
the Judge had tod them he in tended to
''cinch" McAuliffe.
The allegation that they were rearrested
on bench warrant and that the Judge
had directed the prison officials that only
cash bail was to be accepted were cited as
an evidence of ;he courts prejudice.
The defendant Foto averred that he had
been informe ed by Police Sergeant BidweIl
that the order as to bail came direct from
Judge Conlan, and the defendant McAu-
| life swore that one Henry Harris had pub
llcly stated that the Mitchell crowd would
! have all their own way in Judge Conlan's
court and McAuliffe would be done up"
The affidavit concluded by the state
ment that the defendants were satisfied a
conspiracy existed between Judge COnlsn
and Mitchell TO deprive them Of the con-
stitutiOnal right to fair and impartial
| hearing.
The attorneys in supporting the motion
for a change of venue disclaimed any per-
sonal feeling in the matter and believed
that their clients would have a fair and
| impartial hearing, but it was the wish of
their clients that the affidavit should be
presented, and, If the allegations therein
were true, they contended the Judge was
| disqualified to hear the case.
Judge COnlan denied the motion and
ordered the Prosecuting Attorney to pro-
coed with the hearing.
The Defendants attorney urged that the
hearing should be postponed till the m after
could be taken before the Superior Court,
which was agreed to.
Application was accordingly made to
Id Hah e
mandamus compelling Judge Conan to
order change of venue. The application
was set down for hearing before Superior
Judge Murphy at noon yesterday. but by
consent went over until this morning.
Judge COnlan, in speaking of the matter
yesterday, said: II have never refused to
transfer case tn another curt, but have
always been willing ana glad TO do so. /
would not have refused in this case if it
had not been for so open and fragrant an
attempt to impugD the good faith and
integrity of the court BY an affidavit
which contained not one direct charge,
but was full Of false and malicious insinu-
atoms.
II am not personal friend of Mitchell.
nor as far as | know am L q member of the
same lodge OF a secret society. | am not
responsible for what reporters or police
men may say, but | can say this, that
whatever they might or might not have
said to me would have not the slightest
influence with me, as is well known. Dur
ing the hearing of a case both reporters
and policemen have occasion to speak to
me, but it is absurd to say that they are
always, while doing so. trying to bias me
against defendant.
Inc defendants were not rearrested upon
bench warrants, but upon warrants sworn
to by Mitchell charging them with battery,
and in view Of the brutal nature of the at
tack upon Mitchell fixed the bail at $3.50
cash.. Besides, | was reliably informed
that McAuliffe intended leaving the city
aud would willingly forfeit $40 bail which
ne put up on the charge Of battery upon
Policeman Mclaughlin.
Il am compelled to OPPOSE the request
Tor change of venue till / am in a posi-
ton through my counsel. Carroll Cook, to
Tree myself before the Superior Court of
imputation that l, in my judicial Capacity.
am open to improper influences.
There is, l am convinced, something
else behind this, and l am anxious to find
out what it is"
4. L. Ziegler. the fourth man who par
tlclpated 10 the attack upon Mitchell, was
IN court yesterday morning, and surren-
dered himself into custody. He was re-
leased on furnishing 500 bonds.
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