The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-05-19
DIR. c. B. NICHOLS TESTIMONY.
II Must be Given in Person, II at All, in
Wells Case.
The Application for a Commission
to Take His Deposition
Denied.

ALBEIT M. Johnson, attorney IOr JOHN
We'll, who is charged by j. M. Morrison,
Chairman of the Board Of Supervisors,
with criminal libel, appeared before
Justice Henry yesterday and presented
an affidavit in support of a motion that
the magistrate cause a commission to
issue for the taking of the deposition of
a witness residing outside the State.
The witness in question is DR.. c. B.
Nichols, who the Grand Jury say testi-
fled before that body that it cost him a
certain sum of money to obtain his APP
pointment as City Physician at the
hands of the Supervisors.
Mr.. Johnson supplemented his appli-
cation with an argument in which he
said there should be no objection to the
magistrate making such an order
though there might be a doubt about it's
being his specific duty to do SO under
the law. The desired end, he said, was
to get the testimony of DR.. Nichols, and
as the complainant in the case has ex-
pressed a desire to have the facts laid
bare to the world, the deposition of Dr.
Nichols, who is now a resident of Dem
yer, should be taken.
The application was opposed by Chas.
L. Jones, special counsel for Mr.. Morri-
son. He said there was no authority
anywhere for a magistrate doing any
thing Of the kind. The prosecution
wanted this case tried squarely in &C.
cordance with law The Grand Jurors
had published to the world the state
ment that DR.. Nichols testified before
them that members of the Board of
Supervisors had been paid for his ap-
ni11fy hot -
dieting the Supervisors, had by their
action practically admitted that they
deemed his statement insufficient to
warrant indictments.
This being the case they had no right
to accuse the members of the board of
such crime and thus endeavor to blast
their good names.
Mr.. Morrison, the complainant in the
case, said Mr.. Jones, went before the
Grand Jury when he learned of the
Nichols statement and begged that body
to indict him, that he might have the
accusation investigated by a trial in
court. He told the Grand Jury that DR..
Nichols was about to leave the State,
and he wanted him detained to testify
in the case If the jury would only af-
ford the opportunity by indicting him
(Morrison) for bribery
1--WE want DR.. Nichols to give his tes-
timony here on the stand, in person.
said Mr.. Jones. I'VE want him where
the court will have jurisdiction of him,
in case libelous statements should be
made under OATH
Mr.. Jones said that no matter what
false and libelous things might be tes-
tilted to in deposition made in Den
yer, the defendant in the case could
shield himself behind the witness 1--WE
want" he said, "to be able to hold par
ties responsible for their statements.
We want Dr. Nichols here on the stand
where we can cross-examine him.
Assistant District Attorney J. Charles
Jones addressed the court also in oppo-
sition to the proposed taking of testi-
mony before a commission in Denver
He also showed the lack Of any au-
thority for an examining magistrate
making such an order, and agreed with
his associate counsel that the witness
himself should be in court. The Grand
Jury had plenty of opportunity to Sc
cure his attendance by finding an in
dictment against Supervisor Morrison
and subpenaing DR.. Nichols as wit
ness II they had the testimony before
| them they claimed to have.
If they did not have testimony suffi-
Gent to warrant the finding of the in
dictment demanded by Mr.. Morrison,
they had no right to accuse him before
the world, as they had, with having
trafficked in appointments.
After another argument by Mr.. John
son, in which he claimed that il there
was a doubt as to Justice Henry's strict
duty in the matter, under the law, the
benefit Of that doubt should be given the
defendant, and the order asked for be
| granted.
Justice Henry said he was satisfied he
had no authority in law for ordering the
deposition Of a witness to be taken in
another State, and had nothing to do
but to deny the application, which he
did.