The record-union., 1896-05-10
PROBABLY KNOCKED OUT.
Motion to Set Aside the Accusations
Against Supervisors.
Judge Hinkson Intimates That It Will
Prevail, But Takes the Matter
Under Amusement.

When the cases of ]. w. Todd, j. M.
Morrison, Thomas Jenkins William
| Curtis and John F. brennan, charged
by accusation of the Grand Jury with
willful and corrupt misconduct in office,
came up in Judge Hinkson's court yes
terday, c. t. Jones, who, with r. I.
Devlin, appeared as counsel for them,
moved to dismiss the cases.
| The principal ground was that the
defendants had been compelled by the
| Grand Jury to give testimony against
| themselves and that the accusations
| had been founded on the testimony SO
given.
District Attorney Ryan objected to
the motion as not being allowed by the
statute, which prescribed the only ways
| and grounds on which the motion could
| be made
Mr.. Jones said that the decisions,
both of California courts and those of
other States, sustained his position,
and decision of the court that very
| morning was to the same effect. He
read authorities to considerable length
to prove his position, which he thought
clearly settled the case, as the court in
those cases decided that although these
were nominally civil cases they were
| in reality criminal proceedings, and
| that the constitutional rights of the ac-
| cused were involved.
Judge Hinkson said that under the
| decisions read he should undoubtedl
! have to sustain the motion of Mr.. Jones
unless the District Attorney could pre-
| sent valid reasons against such action.
| This case was one which could not be
decided solely under the statute, as it
involved the constitutional rights of
! the accused.
He decided to hear the testimony,
subject to the objection of the District
Attorney
| J. M Morrison testified that he was
subpenaed before the Grand Jury in
relation to the matters contained in
the accusations and testified regarding
them. He was not informed as to his
rights or told that he was not obliged
| to testify against himself
Questions were asked of him with re-
gard to advertising for supplies, the al
lowance of duplicate claims and other
matters contained in the accusations.
| He was questioned by several of the
| Grand Jurors. He had requested the
privilege of appearing before the Grand
| Jury afterwards in relation to the tes-
| timony that he had been informed DR..
| Nichols, formerly City Physician, had
| given, to the effect that the Supervis-
ors had demanded money as requisite
| to his appointment. He had gone before
/ the jury and made a statement on that
| point but had not testified regarding
| anything else.
| He asked the jury to indict him on
DR.. Nichols charges, but they refused
to do so. He met some of the members
on the street the next day and told
them that he was informed DR.. Nichols
was getting ready to leave the State,
and again asked for an indictment, so
that he could bring Nichols into court,
| but all the answer he received was a
laugh.
| William Curtis testified that he was
subpenaed by the jury and testified.
He was not informed as to his right to
refuse to testify and he answered all
the questions asked, which embraced
nearly all the work of the board in all
| the departments. Jurors Camp, Kill
gore Bilby and McMullen were the ones
who asked most of the questions, and
as witness supposed himself under their
/ jurisdiction he answered all the ques-
tions asked by them.
| In regard to the mileage he told them
| lndl IneTe WAS SFIueHlly d uilStdhS III
| dates He was instructed to attend
| to relaying the floor of a bridge and
was taken very sick during the work
| and was sick for several weeks. The
| mileage was not charged up until after
his recovery and was by mistake
| charged up to the week before it was
earned.
Thomas Jenkins testimony was that
he was supenaed by the jury and was
not Informed Of his right to refuse to
testify. or that his testimony would not
be used against them. He testified be-
cause he supposed the had to in regard
to the matters charged in the accusa-
! tions.
The last time he appeared before the
| jury was by his own request in regard
| to another matter-the DR.. Nichols mat
! ter That was some time after the
other occasions.
John F. brennan testified that he tes-
| titled before the jury because he was
subpenaed and supposed he had to tes-
! tify He was not informed as to his
rights. He testified concerning the
matters in the accusations.
j. w. Todd was also subpenaed to ap
pear before the jury and did SO, not
being informed of his rights. He did
not know that he could refuse to an
swer but supposed he was compelled
| to- The questions asked were in re-
| gard to contracts for supplies and other
matters contained in the accusations.
An adjournment was taken until l
! D. M