The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16

court, his remarks being merely con-
tinuation of what he said on Monday
evening. Assistant District Attorney
Black followed him for the prosecution.
Mr.. Black had already presented the main
points of his argument in his opening
statement made last Monday. He spoke
for about an hour and a quarter, however,
in answer to what had been advanced by
the other side.
Judge Wallace's charge to the jury con-
tanned the usual instructions, but he took
occasion in the course of his charge to
define exactly his idea of that much
disputed place-a mans residence. GA
residence" he said, sis that place in which
his habitation is fixed, and to which, when
ever he is absent, he has the intention of
returning" The remainder of the charge
partook oil the nature of directions to the
jury as to how they were to apply this
definition of residence to Cohen's occu-
pancy of the room in the Baldwin Hotel.
When the case was finally given to the
Jury the attorneys for Cohen, Crowley,
Kowalsky and Long all left the courtroom.
Some of the idlers left too, but by far the
greater number of them were possessed of
the idea that something might turn up
and so they remained. Just eight minutes
after they had been sent out the jury filed
back into the box again and announced
that they had agreed.
Judge Wallace took his seat, the attor-
neys for the prosecution made ready, but
still no one appeared to represent Cohen.
He sat in his accustomed place at the law
yers table, shifting from one side to the
other, apparently very nervous. He could
not tell where his attorneys had gone, as
they were called in the hall by the bailiff,
and the court waited until patience ceased
to be virtue.
a., Z
problematic, and the Assistant District
Attorney and the Judge hunted over the
Penal Code to find some section which
covered and provided for the case in hand.
1t was finally decided to proceed, and
Judge Wallace ordered the jury called.
AT this point Cohen rose from his seat, and
protested against any further proceedings
until his attorneys could be found. At his
suggestion the bailiff was once more sent
out and for fifteen minutes he hunted
around the City Hall for at least one of the
attorneys. He could find none of them,
however, and when he had returned and
reported the Judge again ordered the clerk
to proceed to ascertain the verdict. 1t was
first made a matter OF record, however,
that the defendant had no counsel pres
ent. and that his counsel had been called
a number of times, but had not answered.
Then the verdict was rendered.
There were four different pleas made by
the defense-one of former acquittal, one
of ''once in jeopardy" one that on account
of certain previous Judicial proceedings
the defendant could not be held, and the
usual one OF not guilty. The court had
instructed the jury that no evidence had
been submitted in support of the first three
pleas, and a verdict for the people was
therefore rendered in each case. In the
last case the jury found the defendant
guilty as charged.
During the morning Attorney Crowley
nearly had himself cited for contempt for
his continual Interruptions. He inter-
rupted Mr.. Black dozen times during his
argument, but when he began to interrupt
patience. He was finally ordered to take
his seat and keep it, and the significant
remark: "Mr. Crowley, l don't want to
send you to jail" made obedience more
easy that it might otherwise have been.