The San Francisco call., 1897-05-30
KILL L|NG THE WRIT
OF HABEAS CORPUS
Lawyer Crittenden Declares
That Such Is Threat
ened.
Judges of the Superior Court
Urged to Review Their
Brothers.
No Fine Paid by Lillian Ashley's
Attorney for Carrying
R volver.

| Attorney James L. Crittenden has not
| yet paid that fine OF $3.50 which was i'm
posed on him by Judge Slack several
months ago. The fact of the n-pay
ment was recalled by the habeas corpus
proceedings in Judge Carroll Cooks court
yesterday, Mr.. Crittenden alleging that
he had been illegally restrained OF his
liberty under Judge Stacks order.
Attorney Sidney Van Wyck first pre-
sented to Judge Cook the petitioners
application for discharge, and began to
set forth the facts as they appeared to
him, but in this he was interrupted by
the court with the remark that counsel
would be admonished to confine his argu-
ment to the facts as they appear on the
| face of the commitment; that as to the
| facts the commitment is taken to be con-
| elusive.
| This ruling is in conformity with the
most recent decisions of the Supreme
| Court of this State, notably illustrated in
the cases of Attorneys Smith and Coffey,
who were adjudged guilty OF contempt OF
court by Police Judge Joachimsen. In
| the Superior Court they offered to prove
that Judge Joachimsen was mistaken as
10 the facts; that, as matter of fact, they
did not advise eel tain prisoners to remain
mute when called on to plead, for the good
reason that they could not speak the Chi
nese language, hich was the only lam
guage that the prisoners could speak or
| understand.
Judge Wallace ruled that the petition
ers had no legal right under the law OF
| this State to be heard in regard to the
| facts involved; that the commitm ent from
the court below is by the force of the stat
| ute presumed to recte the truth. This
position was upheld by the Supreme
| Court, and Messrs. Smith and Coffey had
to pay the penalty. Judge Wallacs re-
| marked that the law is clear in it's terms,
and that he was not to blame II there is
| any hardship resulting from its enforce
ment; that if there is any com plaint to be
made in regard 20 the justice of the enact
ment, that complaint ought to be adj
dressed to the Legislature and not to the
| courts.
Mr. Van Wyck, paying heed to Judge
| Cooks suggestion, read from the record
| of the proceedings in Judge Slack's court,
| wherein it was made to appear that during
| the trial of Ashley against Bald win, Emma
| Ashley drew pistol, which was seized by
| j. II. Unrub that Unruh pointed said
! pistol at James l.. Crittenden, who is the
petitioner here, whereupon Critlenden
made move 10 draw weapon and threat
ened to shoot Unrah, said Crittenden be-
! ing then armed with loaded revolver.
Mr.. Van Wyck said that the petitioner
would like to supple tn record, which
| was correct as far as 1t went, but being
denied that course, would address the
argument solely to the matters of law in
| volved in the proceeding.
! This order OF commitment, Mr.. Van
| Wyck said, was in the nature of judg.
ment, and a. such is subject to attack as
are other Judgments.
| The court appeared TO concede the cor
| rectness OF this point, and Mr.. Van Wyck
said that if this proposition be sound the
| order OF commitment must fail, because
there are some persons who have right
| TO wear a loaded revolver in the presence
| of the court, and that there is nothing in
| the com mitment to show affirmatively
| that Crttenden is OF one of the exempted
persons. He also called attention to the
| fact that Judge Slack did not proceed
| summariy to punish the person charged
with contempt of court for an act per-
formed in the immediate presence of
! the court; that in such cases the
court must proceed summarily or loss
! of Jurisdiction is the result. The third
| point was that the right of seif-defense is
| right guaranteed by the laws of this
| State, and that this right is not waived or
| lost by an attorney who appears in court
| of justice.
| Mr.. Crittenden, the petitioner, addressed
the court in his own behalf. After en-
! phasizing the legal objections to the COM
| mitment Mr.. Crittenden said: wv hat if
man with pistol in his hand should try
TO kill the Judge on the bench and I be-
| ing present and having the right to carry
| pistol and having the pistol there pres
ent should SO use it that / should save
! the life of the Judge, would l be
| liable to punishment for contemp pit
of courta That is not reasonable.
There is nothing in this record to
show that the petitioner was un awfully
carrying a pistol at that lime, and that
| being the state of the record this court is
bound to find, as matter of law, that the
commitment in this regard is defective
| and imperative"
| Referring to his own case Mr.. Critten-
| den said he knew of no rule that would
punish lawyer for defending his own life
| any more than for defending the life of the
Judge on the bench. When Mr. Critten-
den remarked that he never would paw one
| cent of this fine so long as he could be
| heard to speak in a court of justice against
80 unjust and unreasonable an order as
this" Judge Cook seemed about to in
| terrupt the speaker, whereupon Mr.. Crit
tenden quickly added: II understand that
| Judges do not like to hear comments on
| the acts of their brother Judges, but l 10
not speak in spiri. of bitterness when
declare that if this Judgment had been
! delivered Dy Jury your honor CONSIDER
| ing the matter in regard to its legal force
would set it aside on the ground of insult
| ficiency.
"In this age of trusts, com bines and
| ombinations the courts have thus far es-
| Ca ped the prevailing influence. and hope
this may so continue. l understand that
| there is an effort here 10 estab ablsh an un-
| ding or concert of action in the
! Superior Court of this City and County,
SO that the judgment OF one department
shall stand as the judg of all. l say
| that if such a course is pursued it is un-
constitutional and is denial of justice.
| When writ of ha beas corpus is presented
10 Judge of this court it is the sacred
duty of the Judge to whom it is assigned
| to consider it as fully and as impartially
as If it had come from Arkansas or New
Jersey. These twelve Judges sittin e In
this county are independent Judges, Of
equal dignity and power, made so by the
| constitution OF the State. If for any reason
| they or any of them should decline to re-
| view the acts of their brother judges, that
| would kill the writ of habeas corpus in
| this county. We have twelve independ-
| ent tribunals, established for the safe
| guarding of the peoples rights, and the
| observance of concert of action in matters
of this kind would reduce the court to
practically one department.
whether / offend Judges on the bench
or not, saw that it is their absolute duty