The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-11-02
THOSE POLICE COURT CRITICISMS.
Superior Judge Hinkson Has Some
thing to Say of Them.
He Declares That the Alleged Errors
Were Not Committed In the
Superior Court.

A Record-Union reporter last even
ing met Judge Hinkson Of the Thlro
Department of the Superior Court 10
which criminal cases are mainly as
signed. and asked him what he had TO
s;:~ relative to criticisms reported 10
have been made upon his department
III the Police Court yesterday.
Judge Hinkson replied that he did
NOT care to discuss the matter in PRINT.
He knew he was right, and that was
sufficient for him. But being presseu
with the statement that impressions
Were created by the criticisms referred
to that might be erroneous, and IL was
therefore desirable to know what ne
had to say, he replied:
well. it was reported in the Bee
this evening that Justice Davis OF the
Police Court to-day from the bench
sharply criticised the Superior Court
70: failure to properly punish GRIM
inals sent up or brought before 1t on
appeal. 1t is also stated, l see, that
Oh the authority of the City Attorney
il is deemed almost useless to send up
criminals from the Police Court, be-
cause the Superior Court so frequently
allows them to plead guilty to lesser
oftenSeS than those for which they are
held to answer, and to escape with light
penalties. It is added that therefore IN
q case before the Police Court yeSter-
day, where one Jenkins was charged
with a graVer OffenSe a plea OF petlt
larceny was accepted by the Police
Court and the man sentenced to 10
days in Jail.
Justice Davis is reported in the
course of his remarks to have said that
he agreed with the City Attorney, who
had, among other things, stated that
the acts of the Superior Court are
peculiar and that it is turning out
criminals by the habeas corpus route as
fast as the Police Court could hold
them to aEsewer.
1 have thought that the City Attor-
ney was miSquOted. because am hot
willing to believe that he has made
statement so palpably untrue, as is EVIL
denced by the number held to answer
by the Police Court and that have been
convicted in my department during the
past few months and the NUMBER OF
cases now on the trial calendar.
In the same purp0rted remarks OF
judge Davis. as printed in the Bee, see
that he refers to my department OF the
Superior Court having permitted one
Smith charged with robbery, to plead
guilty to petit larceny, when the case
was a positive one of robbery, estab-
hshed by two witnesses who saw the
act.
Now, regarding that matter, if Judge
Davis is correctly reported, which l ara
10th to believe, the REPUTATION, so Tar as
my department is concerned, Is easy.
Smith was allowed to plead guilty to
petit larceny on the motion OF the Dis
trict Attorney, who stated the facts to
the court and expressed his belief
conviction could not be had for rob
berry: that the man, with threats and
some show of violence, had compelled
two men to pay him % cents, which ne
claimed they owed him for services he
lad rendered them. And from this
statement of the District Attorney,
which ] had no reason to doubt, II was
clear that no jury would ever have con-
Victed the man Of robbery, and nence
to have tried him would have been
saddling useless expense upon the FAX
payers
4 do not discharge criminals by the
habeas corpus or any other route, eX-
cept the law so commands, and when
it does l shall not attempt to make law
to fit the case, but will do my duty ut
terly regardless of criticism from any
source whatever.
bench that the court would not reverse
the court below on a legal technicality,
except with great. regret and reluctance,
for l believe in Furnishing criminals.
But the law must be administered as ii
is found.
The District Attorney is the law Off
Ger of the county, and in many in
stances it would be q usurpation Of
authority, and not warranted for the
court to ignore his opinion as 10
whether or not a person charged with
crime can be convicted, and to force a
trial contrary to his opinion.
The other day, in the case of q per-
son who had been convicted for selling
LIQUOR to an Indian. and which was APP
pealed to my court from the Police
Court I stated from the bench that I
refused to pass upon the sufiiciency of
the evidence produced at the trial be-
fore Judge Davis, because of my high
opinion Of his integrity and ability as
a Judge not forgetting, however, that
he sometimes errS-and added, that he
had heard and passed upon the suffi-
cheney of the testimony. But | was
forced to reverse the judgment in that
case and set a person free who l have
no doubt should have been punished,
because the fragrant and fatal error had
been committed by the City Attorney
Of failing to prove that the defendant
q II.
expressly excepting California Indians
from the provisions of the vagrancy
act. under which this person had been
Convicted
Judge IIinkSOn's attention was then
called to another article in the Bee Of
last evening, in which il was stated
that the police and the City Attorney
were disguised at the discharge of
Fred Ingham (held for receiving stolen
property and that the City Attorney
said he had evidence enough to hang
IncEam. hut that Judge Hinkson dis
charged him.
Well concerning that" replied the
Judge, under the law a person cannot
be held for trial unless the testimony.
independent Of that of an accomplish
shows his connection with the crime.
In the Ingham case there was no evil
dcnce whatever before the Superior
Court to connect Ingham with the
crime charged. Independent of the tes-
umony of his alleged accomplice.
though the District Attorney stated in
court that there was ample testimony
To hold and convict the man that had
not been submitted on the examination
Why it was not submitted he did not
know.
Il discharged that defendant with
great deal of reluctance" said the
Judge and asked the District At
torney if he wished any other order
made in the case, intending, if he had
requested it, to have remanded the
prisoner TO the custody of the Sheriff
until another complaint could be lodged
against him. But the District Attorney
said no. that he could be arrested on
another complaint
Here let me refer to another case"
SAID the Judge. I discharged a pris-
oper on habeas corpus where a Justice
OF the Peace, who resided without the
city, had presided in the case, in
palpabie violation of the city charter
And these are all the habeas corpus