The San Francisco call., 1896-08-26
Bail Fixed at $4,000 to Answer
a Charge of Per.
jury.
COUNSEL FOR DEFENDANT.
EXPLANATION That Conlan Was the
Judge TO Whom Reference
Was Made.

Justice of the Peace John A. Carroll
was presiding in Judge Conlan's Police
Court Department yesterday morning
when the case of A. A. Cunningham,
charged with embezzlement, was called.
The defendant in the case is accused of
embezzlIng money belonging to the
veterinary department of the State Uni
versitY.
Last Monday an effort was made to have
the case transferred to Police Judge Lows
court, and the order was about to be
signed before the Judge to whom it was
presented fully comprehended its mean
ing.
Yesterday morning when The case was
called in Department 2, Justice Carroll
presiding, J. K. Johnson, counsel for the
defendant, began to read an affidavit in
support of motion for transfer to some
other department. AS the reading pro-
gressed and the Justice began to under
stand the significance of the charges
made in the affidavit, the court COM
manded louder and more distinct read
ing.
Before the attorney had finished the
reading of the document the Judge in
ouired if the defendant. who made the af-
fidavit, was in court. Being informed that
Cunningham was present, Justice Carroll
ordered him into custody and directed
the bailiff to take him. From the bench
an order was made to hold Cunningham
in bonds of $1,000 to answer the charge of
perjury.
A lawyer associated with ]. Z. Johnson
sought to explain that the defendant
did not refer in the affidavit to
the Judge then presiding, bnt had
reference to the regular Judge in that
department. Justice Carroll said that he
understood the affidavit. Then he re-
peated the order for Cunningham 8 deten-
ton, fixing bail at $1,000. The balllH of
the court then arrested Cunningham and
took him below. The case was continued
until next Monday.
Following is the text of the affidavit
which caused Justice Carroll to make the
order for Cunningham's arrest:
A A. Cunningham, being duly sworn, de-
poses and says that he is the defendant in the
above-entitled cause; that he has reason to be-
lieve and does believe that he cannot have a
fair and impartial trial before the Judge pre-
siding in the court who is about to try the case
by reason of the prejudice and bias of said
Judge; that said bias and prejudice consists in
part as follows: This affiant is informed and
and belief states, that said Judge is perso sonal
friend of the prosecuting witness and that
both are members of the same order or So
Giety; oa that oaf atiant was arrested RE- on on
the case was set for trial on or about Tuesday,
August ID, 1896; that ever since said day de-
fendant has been ready and anxious to try
said cause, but against his will and consent
the cause has been continued from time to
time, but said cause came up on Thursday,
August 20, 1896, for trial; that defendant
was ready and demanded that the cause be
tried; that against his objection the cause was
continued until Tuesday, August 25; that all
of said continuances have been ordered
by the Judge without any legal show
ing or reason therefor being shown or
given by the prosecution; that the
whole course of said Judge in relation
to the continuance of said cause has tended to
and actually has worked great hardship and
injustice upon defendant, and has amounted
to partial denial of justice; that during the
consideration of SAID cause relating to de-
fendant's urgent request for immediate trial
the prosecuting attorney engaged in whis-
pered conversation with said Judge, where.
upon without assigning any reason therefor
the Judge ordered the cause continued.
Justice of the Peace Carroll is very in.
dignant over the allegations in Cunning
hams affidavit that he belongs to the
same order as the prosecuting witness.
Justice Carroll EN- mphatically denied the
allegation and intimated that he would in
all probability swear to complaint this
morning charging Cunningham with per-
jury.
Judge BeIcher accepted bond in $5O(
for Cunningham's release late yesterday
afternoon and he was set at liberty.