The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-16
He WOULD HAVE
FOOTE RE MOVED
George Monteith Files
Charges Against the
U. S. Attorney.
Says He Entered Into Collision
With the Defendants At
torney to Defeat Justice.
Also That He Withheld Facts From
the Court and Faile1 to Notify
Also That He Withheld Facts From
the Court and Failei to Notify
the Prosecuting Witness.

Attorney George w. Monteith. as attor-
ney for Alfred Isson, has sent a commu-
nication to President Cleveland and to
Hon. Judson Harmon, Attorney General
of the United States, preferring charges
against United States District Attorney
Henry S. Foote, and asking his removal
from office. The charge is that of collu-
sion with the defendants attorney in a
criminal case to defeat justice.
Isson was the prosecuting witness in
the suit against George Stierlen, on three
indictments for sending obscene matter
through the mails-the letters being writ
ten to Isson's wife. Stierlen was allowed
to plead guilty on one of the indictments
and the other two were nolle prosed. 1t
is alleged that Foote advanced the day of
Stierlen's arraignment on the calendar
without notice to the prosecuting witness
or to the postal authorities, and that he
deceived the court as to the gravity of the
case; that Stierlen was brought into
court allowed to plead guilty, fined $500
and the other two cases dismissed before
the postal authorities or Isson could reach
the courtroom after the brief notice given
them. Following is the text of the COM
plant sent to the President, which incl
story:
To Grocer Cleveland, President of the United
States: Alfred Isson, citizen OF the United
States and of the State of California, residing
at the City OF San Francisco in said State. now
makes, files and presents herewith the sub
joined charges against Henry S. Foote, attor-
ney for the United States in and for the North
ern district OF California, and because thereof
desires the removal OF the said FOote.
And in this behalf he states:
That in the latter part of the year 1894 the
complainant the said Alfred Isson went to
Tapachula State OF Chiapas in the republic
of Mexico, to temporarily engage in business
al that point; that his vile remained in San
Francisco until the month of December 1894,
at which time she left to join him in Tapa-
chula; that during the interim between the
time he himself left San Francisco and the
time his wife left the compliments said wife
became involved in Illicit relations with one
George Slierlen, who was then the usband of
the compliments sister, Emma Stierlep.
That after remaining in Tapachule for
about three months the compliments said
wife upon March IL, 1895, returned to San
Francisco for the purpose of making pur-
chases of goods for the complainant. That
about the time of her departure she informed
the complainant that lady friend of hers re-
siding in Stockton, CAL, would address her
several letters, and which would be addressed
to her Mrs. w. G. Steele, and particularly
requested complainant not TO open or ex-
anime the same. That soon after the de-
parture of complainants said wife for San
Francisco as aforesaid letters began to arrive
w. u.
all arrived, copies of which are hereunto
attached and marked exhibits A. B, Z, d and
E, and to which reference Is hereby made.
That said letters remained in complainant's
possession for several weeks, until his sus-
picion being aroused he opened them and dis
covered their contents. That complaint there
upon telegraphed his said wife 10 return i'm
mediately. which she failed to do, but did in
the latter part of May, 1895. take passage for
Tapachula upon the steamship Colima which
on its way down the Mexican coast, sank In
fna fffan N!.afr, \
was drowned.
That each of said letters above;referred to
and marked exhibits A to inclusive were
mailed at the Postofice of the United States in
the City of San Francisco aforesaid and duly
bore the poStmark thereon.
That upon complainants return to San
Francisco he placed SAID letters liz the hands
of the postal authorities at San Francisco, but
at that time the ques tion of the liability for the
sender Of such letters through the mail was
then pending in the Supreme Court of the
United States, and no action could be taken
thereon.
That compl ainant in November, 1895 adj
dressed the Attorney-General of the United
States relating to said letters, and upon Janu-
airy 10 received from him an answer which is
marked exhibit and attached hereto That
upon May 10. 1896, the Acknowledgement of
the united States again addressed comp plain
ant, and copy of the letter is hereunto at
tached and marked exhibit G.
That upon the receipt of the last-named
letter the complainant went before the Fed
eral Grand jury, who upon the 21st OF Aug
ust, 1896, presented an Indictment containing
three counts, charging the said George Stier-
len with the violation of the laws of the
United States with reference to depositing
obscene mail matter in the mails of the
United States That the said three counts re-
lated to exhi bits A, and e, being the letters
dated March 3, March II and February %. re-
spectiveIy. That after u great deal of trouble
the postal authorities finally located the SAID
Stierlen in Fargo, n. d., to which place he fled
to avoid arrest. He was thereupon
brought back to the City of San Francisco
and his case upon said Indictment set for ar
raignment upon the 10Th day of December,
1896.
That complainant, fearing that Henry S.