The San Francisco call., 1896-04-25
MAY GET THREE MORE.
Proceedings Stayed in the Other
Case for the Time Be.
ing.
a TECHNICAL POINT OF LAW
The Prisoners Counsel Believes That
Sentence in Both Cases Must
Run Concurrently.

Shortly after II o'clock yesterday morn
ing Judge Wallace called the case OF Louis
Sternberg. convicted for the third time OF
stuffing the voting register.
Ex-Judge Fe rral answered for his client,
saying that he was ready to receive SEN
tence. This was SO unusual performance
in the long line of those called for sem
tence, who uniformly beg for stays or
move for a new trial, that it instantly
quickened the already tense interest in
the case.
another unusual move. 81 will announce
Judgment in this matter at $780," he
said, and declared 8 recess until that
time.
The crowd that thronged the courtroom
all the morning to witness the disposition
of this and the other cases on the sentence
list did not all return in the afternoon.
comparatively small audience was
present to witness the subsequent develop
ments in an odd situation. AS Ferral pre-
sented it, it was a Judge who really wanted
to see himself overruled in the Supreme
Court, convicted felon anxious that his
conviction might stand and withdrawing
his plea for further hearing.
The Supreme Court had affirmed the
Judgment in the trial of the prisoner in
the Newman case and the remittitur had
only reached the lower court the day be-
fore, and Judge Wallace had not had op-
portunity to look it over. 1t was for this
that the recess was taken. There was a
point that was bothering the Judge-the
co y1nr@ Nh hof he al for har
had hit upon and was giving them
pleasure.
Sternberg was convicted some months
ago of unlawfully stufing the polling lists
in Senator Mahoney's Forty-second As
sembly District during the registry period
preceding the last general election.
Judge Wallace sentenced him to three
years in the penitentiary. The case was
taken to the Supreme Court and judgment
was reversed and a new trial ordered.
Sternberg in the meantime had been
tried and convicted on another and sepa-
rate charge of stuffing-that of inducing
Dave Newman to register as a resident of
the district, his local habitation being also
cited as at the Baldwin Hotel. He was
convicted and sentenced TO three years in
the penitentiary on this also. While this
case was pending before the Supreme Court
the first case, the Guttman case, which
the Supreme Court had reversed, was
tried again before Judge Wallace and again
conviction was secured.
Yesterday the defendant came before the
court for sentence, and his counsel declared
they were ready, and withdrew their
motion for stays of proceedings
Judpa Wa11apa r1qcca6 sapfapoa - &b~oa
years in the penitentiary, saying at the
same time that he would stay the pro-
ceedings in the Newman case for the
present.
Sternberg appeared in smiling form
during the proceedings, and as he was led
away by Deputy Sheriffs, he slapped ex-
Judge Ferral on the back saying: "Good
by, old man.. take care of yourself
Judge Ferral was also in apparent good
humor. He said: Judge Wallace has
stayed proceedings in one case, but it
amounts to nothing, for sentence has
already been passed in that case, and it
must run concurrently with this last case.
"If he had withheld sentence in the one
case until conviction was secured in the
second case he then might have passed
sentence in the one to take effect or begin
| to run upon the expiration of the other,
and SO send the man to prison for six
years. AS it is he goes over for but three,
| although convicted in both cases. The
i situation is a most unusual one. Judge
Wallace was really desirous of being re-
versed by the Supreme Court in this later
case in order that he might at another
| conviction impose sentence in that way,
while we, the defendants, were anxious
that the Supreme Court might affirm the
| judgment. AT the same time we with
drew our plea for stay OF proceedings-a
convicted prisoner in other words is
! anxious to go to prison; the trial Judge is
anxious to be overruled. ! do not have
| this from the Judge but I make guess in
| that direction"
| Assistant Attorney Black. who was in
| court. expressed the same opinion that the
two sentences will run concurrently. The
belief is based on the reading of section 6oe
| of the Civil Code, as follows:
| When any person is convicted of two or more
| crimes before sentence has been pronounced
upon him for either, the Imprisonment to
which he is sentenced upon the second or other
| subsequent conviction must commence at the
| termination of the first term of his imprison.
ment, to which he shall be adjudged, or at the
termination of the second term of imprison.
ment, as the case may be-
The sentences run consecutively when
conviction has been secured upon two or
more crimes ''before sentence is passed"
! Sentence having been passed in this case
upon the one conviction before the second
conviction was had, they argue that the
court cannot now stay the proceedings.
| Judge Wallace thin ks diffarentIy Stern.
berg has already suffered seventeen
months Imprisonment in the County Jail