The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-14
Judge BeIcher Responds to In
situations in the Grand
Jury Report.
CASES OF ELECTION FRAUDS.
He Thinks the Comments Unfair and
Unjust-The Trial of Nc
Gaughey.

OpcicO COult, anu lllG cause OF his QdQ
feeling was the report which was filed by
the Grand Jury on Wednesday. In the re-
port were some rather severe structures
upon the action of Judge Belcher in the
cases of the alleged frauds on the part of
election officers who participated in the
counting of the ballots cast at the last
election.
The portion of the report to which the
Judge took particular exception reads as
follows:
The presiding Judge of the Superior Court as
signed the cases of the two most directly in
rewarded by a deputyship in the County Clerks
office, to Judge Bahrs, who had just been
elected to the bench, and who, being party to
fraud cases. A demurrer to the in
dictment was sustained, and the doc
trine was judicially put forth that per-
could perpetrate almost any fraud and he
could not be punished. Feeling that this was
a most fragrant case of law-breaking and that
1T violated one of the fundamental prin-
ciples of our Government, the jury returned
another Indictment, and it was assigned to an
oJher department. What the influence
which caused Juuge Belcher to dismiss it with
out hearing any of the evidence cannot be dis
covered, but it would certainly appear, by the
continuances which are granted in election
fraud cases, that some great power is at work
power which seems to be effective enough to
almost paralyze the courts.
The news had spread somehow that the
Judge intended to set aside for few min
utes his judicial business and speak his
mind regarding the comments in the re-
port, and as a result the courtroom was
crowded with people curious to hear what
might be said. Among the spectators were
many prominent attorneys. The District
Attorneys Office was well represented in
Mr.. Barnes and two assistants.
When he took his seat Judge Belcher re-
marked that he would set the McGaughey
murder trial aside for few minutes in
order that he might call attention to that
portion of the Grand Jury report which re-
fected upon his court.
II have been accused he said, "of not
acting properly in connection with the
election cases pending in this court during
the present year. The two cases are those
of George W. Lee and Alfred Houston.
One might infer from the Grand Jury re-
port that the Judge of this court acted
from improper motives and determined
the issue upon grounds other than those of
public Justice.
"The Grand Jury further says that the
cases were decided without hearing evil
dence, and it as a body cannot, therefore,
see why such action was taken. I simply
say that the actual facts go to show that a
jury was impaneled to try George W. Lee,
and Carroll Cook appeared for the defense.
Witnesses were examined and it is apparent
from the testimony of w. j. Farren, in
spector of the Fourth Precinct of the
Twenty-eighth District, that he appointed
Lee as tally clerk in the precinct and that
Lee acted as such appointee and not other
wise.
upon this showing the defendant
moved the court to instruct the Jury to
acquit under section Las of the Political
Code, which expressly gives the election
inspector the power to appoint subordinate
officers.
at thereupon became the duty of the
court under the law and the evidence to
direct the jury to acquit the defendant.
No public offense had been committed,
and in such a case a verdict of guilty
would not stand. The same state of facts
obtained in the Houston case.
1.-THE report of the Grand Jury invidu-
ously commenting upon the action of the
Judge OF this court is manlfestly unfair.
Therefore [ make these public comments
at this time. 1t is unfortunate that the
Grand Jury is not now in existence, be-
cause the Grand Jury is, like other bodies,
subject to contempt proceedings, and were
they in session it would be the duty of the
court to cite the Grand Jury to show cause
why they should not be punished for con-
tempt But that body has ceased to exist,
and [ content myself with this public dec
laration of the facts
Having thus relieved himself Judge
Belcher called the case of McGaughey,
charged with the murder of DR.. Plouf, and
resumed the examination of talesmen, in
order to secure trial jury. When court
adjourned in the afternoon ten jurymen
had been obtained. Self-defense will be
the main ground upon which McGaughey
will depend to clear himself of the dread
charge which is hanging over him. 1t is
expected that the remaining two jurors
will be secured this morning, and then the
taking of testimony will begin.