The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-11
THE ms AND THE OUTS.
Legal Battle for Office in Judge
COnIan'S Court Com
menCed.
CLERK WATSON IN CONTEMPT
He viii Be Formally Committed tc
jail Tomorrow Morning When
Court Opens.

The legal battle between the Gins" and
"outs" in Judge Conlan's court was COM
menced in earnest yesterday morning.
The courtroom was crowded, and among
the interested spectators were the "outs''
in the other police courts and other
branches of municipal government.
Ambrose Watson, the deposed clerk,
was in his usual place, and facing him was
his attorney, Henry E. Highton. General
Dickinson, who appeared for the new
clerk. Alfred Morgenstern, was seated be-
side Mr.. Highton. The two Prosecuting
Attorneys, Wakeman and Mogan, were
seated together.
There was a feeling of expectancy as to
what Judge Conlan would do when he
took his seat on the bench. The specta-
tors were not left long in doubt. When
the Judge made his appearance on the
bench and Baihff Kelly had raped for
order. he said:
"Mr. Watson, please hand me the cal
endar for to-day. 1t appears that last
May the Board of Supervisors passed a
resolution removing the clerk and Prose
cutting Attorney of this court and appoint
Mr.. Mogan. | have received proper ad-
vice from my attorney, Carroll Cook, in
the matter and there is no alternative for
me but to recognize the new appointees.
Mr.. Watson, you will please hand the cal
endar to Mr.. Mogan, the Prosecuting At
torney of this court"
Mr.. Wakeman objected and said: 1
would like to have it appear upon the
minutes of the court that l appear as Pros
ecuting Attorney of this department and
demand possession OF the calendar"
"The objection will be overruled," said
the Judge, land the court will recognize
Mr.. Mogan only as Prosecuting Attorney"
II except to the ruling of the court, -
said Wakeman.
The Judge ordered the exception to be
noted.
General Dickinson then rose. and, ad-
dressing Morgenstern, said: "Mr. Morgen-
stern, please step forward" Addressing
the court, the general said: "Mr. Morgen-
stern renews his demand for possession of
the papers. keys and records of the court
in pursuance of the terms of the order
made on May 4. Is that on the minutes,
Mr. Clerk ?'
No" said Watson.
HAS it not been spread on the minutes Pr
mo, SIR"
"Mr. Morgenstern makes demand for
Il refuse to give up possession for sew
eral reasons"
Attorney Highton then rose and said
II will answer for Mr.. Watson in this mat
ter. With the greatest possible respect to
the court, OF course, we desire to state that
Mr.. Watson refuses to surrender possession
OF the office or books, or other matters con-
| nected with it, on the ground that the
Board of Supervisors has no power to make
the appointment. That, of course, is a
| matter to be determined elsewhere, and
for that reason l will say in brief that Mr..
Watson declines to accede to the demand
made upon him."
81 will make an order" said the Judge,
''that Mr.. Watson deliver the papers and
all records OF the court to the new ap-
pointee of the Board of Supervisors"
Il understand Mr.. Watson Declines
said General Dickinson.
Il will make an order now" said the
Judge, "that Mr.. Watson appear in this
courtroom Wednesday morning next at IL
O'Clock to show cause why he should not
be punished for contempt of court
I'VE except to the order of the court, :"
said Attorney Highton, and the proceed
ings closed.
The court was adjourned till tomorrow
morning at II o'clock to give all parties
time to prepare for the next movement.
Tomorrow morning Watson will be COM
mitted to jail by the Judge for contempt
A writ OF habeas corpus will be in readi-
ness and the case taken to the higher court
to be determined there.
The Judge has taken this step in what
he conceives to be the best interests of all
parties and SO as to get the question of
who shall be his clerk and Prosecuting At
torney settled as speedily as possible.