The San Francisco call., 1896-06-19
HUSE'S CASE AGAIN
His Faithful Friend Gallardo
Makes Another Effort for
His Release.
A David and Jonathan Affection
Between the Two Old Men
That Is Pathetic.

SAN BERNARDINO. CAL, June 1S.-
Another attempt has been made to secure
the release of Judge Charles Huse from
the custody of the Highland Asylum au-
thorities
1t will be remembered that early in this
year F. F. Gallardo, a bronzed, grizzled
and picturesque attorney, filed petition
in the Superior Court of this county asking
for the discharge of his old-time friend
from confinement in the insane asylum at
Highland. The case dragged its weary
length along, and postponement followed
postponement. Witnesses were brought
Santa Barbara and other points up north,
and finally on the 25th of April Judge Otis
denied the prayer of the petitioner and re-
manded him to the custody of The asylum
officials.
Gallardo then petitioned the Supreme
Court, and that tribunal promptly decided
against the persistent attorney. However,
he appeared nothing daunted by the re-
buffs OF the Supreme Court. He is acting
under the advice and instruction of his
friend and instructor, Judge Huse. Yes
terday be appeared in this city, riding the
same sorry-looking horse that first brought
the never-let-up attorney to San Bernar-
dino, and late in the afternoon filed his
papers for a second attempt to release
Judge Huse.
The petition is for another hearing, and
in law is practically a continuation of
habeas corpus proceedings. The ground
on which the new attempt is based is that
Judge Otis erred and exceeded his juris-
diction in the secret examination of Judge
Huse by the physicians appointed for
that purpose. This claim is fully set forth
in the petition, after which prayer is made
that the order remanding Judge Huse to
the asylum be set aside and that he be
brought before the court in better posi-
ton.
A better position means in this case that
the evidence which was considered be cast
out and have no effect on whatever pro-
ceedings are taken in the present action.
Attorney Gallardo lays particular stress
against the examination OF the three ply
sicians, which he believes influenced the
court to make the ruling which was given.
He admits that he has but poor opinion
of any expert medical testimony, and pre-
fers to leave the question of the sanity of
his client to other evidence than that
which was put forth by the examining
board.
The documents are couched in the same
pleasing and peculiar terms which char
acterized the others which were submitted
in the case, and are filed with expressions
equally strong. Gallardo seems to be work
ing wholly for the love he bears for the
man whom he seeks to release. 1t appears
to be Jonathan and David affair brought
down to this practical and prosaic age.
Gsllardo says that in case the court re-
fuses 10 grant new hearing he will make
application to the Supreme Court for
writ of certiorari and contest the matter
there.
GAllardo says that cases of alternative
remedies are common, and that in in such
cases the petitioner has choice, and that
he was not given the option in the former
trial or examination. He also says that
the original commitment of Judge Huse
was faulty. and that for that reason when
be had expressed his intention of asking
for his release he was discharged from the
Napa Asylum and then recommitted.
Huse claims that he was not examined in
either case as required by law.
At 10 o'clock this morning Judge Otis
took up the case and announced that at
o'clock he would render his decision. At
that hour the petition was denied and At
torney Gallardo will take the case to the
Supreme Court.
The Republican party has protected the free
In bor of Agl1ericd so that ITS con1ne1lSotion is