The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-02-01
ACHARGE OF BRIBERY.
Hurley Held to Answer for
a Felony.
VERY HEAVY BAIL FIXED.
The Prisoner Was Quickly Convicted Of
Contempt.
| FULL LIMIT SENTENCE IMPOSED.
Judge Murphy Suggests That the Pres
emit Law Be Changed to Better
Fit Such Cases.

William Hurley has been convicted and
sentenced for contempt of court, he has been
held to answer for the crime of bribery,
Bailiff Rock has been declared innocent of
any completely in the bribery transactions,
Attorney Livernash has been scored by
Judge Murphy, and all the incidentals
having been attended to, the Mcdonald
case is ready to be resumed this morning.
1t did not take long to dispose of the con-
tempt charge against Hurley yesterday
morning, and within halfan hour after the
felony charge was also heard and decided.
Only two witnesses were examined for
the defense on the charge of contempt, one
J. A. Filcher, of the State Board of Trade,
who testified that he had not seen Hurley
down at the boardrooms on Monday, nor
did he see Rock there on Saturday. John
Fitzmaurice, also an employee of the State
Board of Trade, was called at the conclu-
sion of Mr. Filcher' testimony, but the evil
dence lie gave was merely in confederation
of what his predecessor had said. Mr..
Barnes did not ask any questions in cross
examination, and the defense then rested.
In rendering a decision the court took
occasion to make some pertinent remarks
regarding the laws governing such cases as
the one at bar.
"Our law is deplorably deficient in defin-
ing what should be defined as a very seri-
Gus crime, and it should be reconstructed
by the Legislature without delay. AS the
law is now any person evilly disposed may
absolutely defeat justice if he enter into a
combination with an executive officer of
the court, and he may pack jury with
men whom he knows viii vote as he
wishes. He may combine with the officer
who serves the subpenas, he may suggest
the names to be served, and he may enter
into combinations with the proposed jurors,
and still he can only be punished for con-
tempt Under this simple charge he may
pack jury with only the fear of five days
in Jail and perhaps $500 fine.
The Legislature is now in session,
and 1 think the Bar Association should
made a felony, punishable by many
years in the State prison, for any one
to tamper with the jurymen at any time.
Under the statute, to bring man within
the felony charge he must approach the
juror after he has been summoned or
drawn, but to so work upon a man before
he is summoned that he will render a YER
dict as directed after he is sworn is only
contempt.
in the affidavit of Mr.. Johnson, Hurley
is represented as saying that the money
was to come from McDonald's ATTORNEYS
This necessarily casts suspicion upon
these attorneys, and deem it but right to
say this court has no idea that either of
the attorneys had any conception of giving
money. Judge Darwin l have known for
a great many years, and l know he is in
capable of such thing. | have not the
pleasure of the acquaintance of the other
attorney and do not care to comment upon
his position in the matter" and here en-
sued pause as uncharitable as it was sig
niticant. 1T is enough to say" the Judge
proceeded, - that it does not meet with
my approval. He should have informed
this court. His conduct will probably be
the subject of another investigation by an
other body which has the power to investi-
gate.
The bailiff of this court has been placed
In singular position, " the Judge contin-
ued, and then he proceeded to recapitulate
the events attending the selection of the
names of Kane and Johnson and of their
service by Joseph Rock. There were some
very suspicious circumstances, !" said Judge
Murphy, "but so far as Mr.. Rock is con-
cerned, this court can see no cause for crit
icism or for any well-founded cause for
complaint against him.
GAS for the defendant, any one who has
heard the testimony in this case can see
that he is guilty of one of the most out
rageous contempts which has ever been
committed in this court. In view of the
subsequent examination which will take
place upon a more serious charge, how
ever, do not care to comment upon the
evidence given. The court, therefore, ad-
judges the defendant guilty of contempt as
set forth in the affidavit, and the Judgment
is that this defendant be imprisoned in the
County Jail for five days and that he pay
fine of $500. In default of payment he will
be imprisoned in the County Jail at the
rate of one day for each dollar of the fine. 4"
''Let the Superior Court adjourn" an
nounced the court, and then with the
Judge transformed into a committing
magistrate order was once more restored.
His Honor changed back into Judge again,
however, to rectify a rhetorical error in his
Judgment, and then like the fairy god
mothers of children's lore, he changed
himself into a committing magistrate |
again. Mr.. Barnes was then ordered to
proceed with the evidence in the felony
charge.
The trial of the felony charge was short. |
tempt at bribery. Forbes objected to all
the testimony not entirely relevant to the
bribery charge, and so the examination
was confined strictly to the material wit |
nesses.
Joseph Rock again told how he served !
the summons on Johnson, Livernash once
more told what he knew of Hurley's actions |
then Mr.. Barnes rested his case.
SIS there anything to offer from the de-
fense?" asked the court
1--WE have no defense, your Honor" said !
Mr. Forbes. Then the court proceeded to |
pronounce Judgment.
1.-THE court finds probable cause to hold |
the defendant as charged, said his Honor. |
land he will accordingly be held to answer |
in the Superior Court to the crime OF felony. |
with bail fixed at $4,000
Mr.. Forbes started to ask that the bail be |
and Hurley himself announced |
that he would not leave the city if his bail |
was only $500, but the judgment stood as
recorded.
Mr.. Barnes will prepare an information
against Hurley at once, and he will be
brought to a very speedy trial, probably
before Judge Wallace.
p0CTAT PR0M0TT0NS