The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-05

written. He sued out writ of habeas corpus
and the Supreme Court released him, holding
that the Superior Court Judge was wrong in
imprisoning the witness, because the question
that the witness refused to answer was notper-
tinent to the issue.
Now it is a serious matter to deprive per-
son of his liberty, yet the court undoubtedly
has the right to enforce its rulings upon an
obstinate witness by sending the witness TO
jail until the question is answered. This ques-
ton can, of course, be only admissible for the
purpose of impeaehing the witness, Mrs. Leak.
Now, how can il be said that this contradicts
or impeaches her? On the contrary, Miss Gun
nlngham's testimony rather corroborates that
of Mrs Leak. am led almost irresistibly TO
the conclusion that the question is not proper.
1 will, however, hold the matter in allegiance,
and in the meantime If there be any plausible
theory upon which it can be argued that the
question is admissible, l hope counsel will pre-
sent it to me. AS the matter now lmpresses
me l could not allow it, and | feel that am
not straining point in taking the matter I'M
der advisement.
MT Dickinson-Until when, your Honor?
The court-Until Monday or Tuesday. l be-
lieve Monday is a holiday.
Mr.. Dickinson-I understand your Honor's
remarks to mean that the question is only adj
missable as impesehing Mrs. Leak. Mrs Leak
testified quite In extenso the manner in which
her information was impaired to the prosecu-
ton. Now, might it not be that we can prove
through this witness that she had spoken to
another person or to others than those she
named. Surely that would lay the proper
grounds for impeachment. Though this is in
it is proper one under the circumstances, and
that to uphold the witness in Withholding the
information would be to give it the character
of q privileged mmun1cat1on.
The court-You have the fact that Mrs Leak
made disclosures concerning her testimony to
two perEons-her daughter and to Mrs. Henry.
You have right to call anybody else to show
that she also spoke to them. know of no
rule of the court that would ad NIT as proper
such question as this. where the witness has
already said she had no communication with
Mrs. Leak, the witness sought to be impeached
If there is such a rule hope counsel will point
it out. shall postpone a ruling on the case
till Tuesday morning.
Mr.. Dickinson-We take exception to the
ruling of the court.
The court-But there has been no ruling yet.
Mr.. Dickinson-Then we desire an exception
to the action of the court.
The court-You are entitled to that. Call
the next witness.
F. A. Sademan, who was ianitor of En-
manuel Church between October, 1894 and
the latter part of April of this year, was
recalled.
Mr.. Dickinson questioned him consider
ably concerning the ventilation of the
church. Witness said he opened the WIN
dows and belfry door to get proper ventila-
ton.
.'When was the last occasion prior to April
that You lit the gas in the churchT' asked Mr..
Barnes upon croSs-examlnat1on.
1.-The Sunday evening before"
OdIIOlli WIZ iiho bCCi IdHllOI
of the church since July last, was sworn.
He testified that he opened the windows
for ventilation. Since his incumbency he
had never been upstairs between the cell
ings, and knew of nobody who had. He
had not disturbed the ventllators. He re-
ceived his keys from G. w. Taber.
Stephen Beverley Nourse, another of the
senior class medical students, was sworn.
He said he did not answer for Durrant at
the rollcaIl of DIR. Cheney's lecture. His
notes of the lecture were offered in EVIL
dence.
Then came the Rev. John George Glib
son, and a sensation was expected, but did
not materialiZe.
His examination was confined to the
Identification OF numerous specimens of
his own handwriting. None of these would
be identity positively, because the papers
had not been in his possession.
''Well, what is your best recollectionp' per-
sisted Mr.. Dickinson again and again. -
at looks very like it." would be the answer.