The record-union., 1894-05-08
HEAVY AND NEEDLESS EXPENSE.
Prominent Citizens Want the Palmer
Case Dismissed.
Their Petition to District Attorney
Ryan-The Case Set for Trial
This Morning.

The case of H. J. Palmer, charged with
the murder of Charles Phleger, was called
for trial yesterday in Department Two of
the Superior Court, Judge j. f. Murphy
OF Del Norte presiding, but was con-
tnued till this morning, as some of the
lawyers were obliged to be in the Supreme
Court.
Subsequently Alvin j. Bruner, who is
associated with A. l.. Hart for the de-
fense, appeared before the Board of Su-
pervisors and presented petition ad-
dressed last Jrfly, by some 150 heads of
business houses of the city. to the Dis
triet Attorney, requesting that official to
dismiss the case against H. j. Palmer,
who has twice been tried for the murder
of Charles Phleger.
Mr. Bruner said he believed that favor
able action by the Supervisors on the Pc
tition would have some effect upon the
court and the District Attorney. The case
was now about to be brought before the
court for a third trial, and itwas desired
that action by the board be taken at once.
Mr.. Bruner then read the petition,
which is as follows:
A USELESS EXPENSE.
"Hoa. FrdNk d. Ryan, District Attor-
| aey-DEAR SIR: IN the case of the people
ofthe State OF California VS.. II. j. Palmer
there have now been two trials, which
have been ably conducted by yourself
| and your associate, the Hon. e. L. Jones.
on behalf OF the prosecution. In each of
those trials the jury has disagreed. We
believe that we can justly compliment
you as we'll as your associate upon the
manner in which the case has been pre-
sented in each instance.
1--WE have watched the trial in each
case closely and have examined and
read, or heard, most of the testimony pro-
duced on either side, and we have come
| to the conclusion without expressing
any opinion as to the merits of the case)
| that there is no probability of an agree
ment of the jury upon any future trial.
| In this connection, we desire to say to
| you, as taxpayers of this county, that
| Justice demands that a citizen shall not
be harassed by too many trials, and that
persons who are bound to bear the bur-
den of county expenses should not be
! compelled, unnecessarily, to meet addl-
tional e expenses where there is no proba-
bility OF attaining any beneficial result.
1.-The county finances are already IN
deplorable condition. This we do not at
tribute to official nalfeasance or misfeas-
ance, but we believe that much of 1t is
attributable to expensive litigation in
prosecuted within the past few years. We
believe that the interests of taxpayers, as
well as private interests, will not only
| Justify, but that they demand of you, as q
conscientious officer, which we believe
you to be, the dismissal of the case to
which we have referred.
We therefore, as citizens and taxpayers,
| respectfully ask that you, as District At
torney of this county, shall dismiss the
said case and thereby relieve the defend
ant from further prosecution and the tax
payers from further expense"
NO ACTION TAKEN.
Mr.. Bruner said that should the Dis
trlct Attorney be disposed to consent to a
dismissal of the case, he would naturally
like to have his action supported by an
express ion of the Supervisors,
Supervisor Jenkins thought at first
glance that it was matter which should
be left to the District Attorney, who is
familiar with all the facts. He would pre-
| fer to hear from that official before taking
any action.
| Supervisor Curtis spoke to the same
| effect.
| Chairman Morrison remarked that an
other trial of Palmer would undoubtedly
| if no member of the board saw fit to
formally bring the matter up for action
| he would have to declare it out of order.
| REMEMBER the Prohibition County
| Convention Tuesday evening, Sth inst,
! Pythian Castle. BCl
TRY McMorry's Teas. They are the
| best in market. 53l M street.