The herald., 1895-03-24
MISTAKE OF A COURT CLERK
A Chance for Number Of San Bernar.
dino Criminals
The Minutes Of the Court Show 0laflng Errors
and the Proceedings In Several
Cases Set Aside

DAN BEhN AkDlNO, Cal., Marcn Zo.-
The matter of Juan Ferra, on motion to
set aside the Indictment on the ground
of the illegality Of the Grand Jury, was
argued before Judges Campbell and Otis
today and the motion denied, but the
court considered the question of 80 grave
Importance that it advised the District At
torney to vacate the crimina case set for
trial and await the decision of the Su-
preme Court on the validity of the Grand
Jury before proceeding further. This will
be done. and a motion will be presented
to the Supreme Court In the case Of Anne
lio Garcia, now in San Quentin under SEN
tence Of death.
The question OF the legality Of the late
Grand Jury is attracting universal atten-
tion, for should its acts be declared void
several important criminals now serving
terms in San Quentin would have to be
brought back and the proceedings had
over again at great cost to the county.
ing the trial of Mrs. Barnes and Juan
Ferra, charged with poisoning and MUIR
der respectively, besides staying proceed,
ings in several other criminal cases until
the Supreme Court can render decision
finally settling the points involved
1t seems sixteen Grand Jurors were i'm
paneled in proper form, at which stage
of the proceedings the venire was ex
hausted and then the court made an order
for additional talesmen from the body
of the county. The clerk copied the or ler
into the court minutes and added wo dis
land not from bystanders." When the
clerk made out the summons for the
sheriff he committed the further error OF
commanding the sheriff to call trial
iuroro in cfood of GRAND iurora Thasp or
rors were committed under County Clerk
Hamilton's administration and the ques-
tion has been raised of the liability OF his
bondsmen to the county for needless ex-
pense caused thereby.
The court here holds the Grand Jury to
have been legally impaneled but does
not express confidence in its opinion as
shown in a recommendation to the Dis
trict Attorney to await decision OF the
Supreme Court before incurring further
expense in prosecuting the criminals in
dicted by the Grand Jury.
1t was learned yesterday that the office
of City Attorney had been made elective
by the Legislature, and now candidates
are bobbing up in every corner, and call
of the roll of the Bar Association went
out before for correct list of the people
who are fitting up rod i'll the hope that
lightning may come their way.
To say that the discovery complicates
the municipal campaign in this town. is
putting it mildly. The contest which has
been on now for nearly month, did not
take into account any such change as has
been made, and which ever party should
have been successful at the polls several
people had the lines laid, by which they
hoped to pull that paticular plum into
their own basket, when it came time for
the Board of City Trustees to elect legal
adviser.
Under the law as it formerly existed,
the City Attorney and City Clerk were
appointed. by the Trustees, but for some
reason the change has been made, and
now people directly concerned are
puzzling their brains to find way by
which. they may legally .obeysehe law,
The difficulty comes from the fact that
the Australian ballot law requires the
names of all candidats to be submitted te
the City Clerk not less than twenty days
before the election. The election occurs
on April 8th, and there are now but six
teen davs until that date, so that it is
clearly impossible to comply with the
regulations so far as time limit is con.
cerned.
s,The other apparent difficulty with the
proclamation which was published for the
first time Thursday evening, is easier to
avoid. The law requires the proclama.
ton for the election to be published al
least ten days before the date of the
election, and the proclamation which has
been promulgated may be recalled and g
new one published, providing for the
election Of the City Attorney according
to law.
The only way out of the first difficulty
that has thus far been suggested IS thu
following: After the proclamation fol
the election has been put forth in thu
new form, the tickets may be prepared
leaving blank space for City Attorney
The parties may make their nomination:
and voters can then fill in the blank space
with the name OF the candidate for whom
they Uish to vote