The San Francisco call., 1897-09-21
An Affidavit Sets Forth That
Campbell Is Prejudiced
Against Him.
TIE MOTION FOR A CHANGE DENIED.
Examination Continued Until 2 F. N.
The Prosecuting Attorney Of the
Court Shows His Hand.

A. NJ. Lawrence was arraigned for
criminal libel in Police Judge CampbelPs
court yesterday. On August 13 he was
arrested on a complaint sworn 10 by
Claus SpreckeIs. The proceedings in the
Police Court were subsequently arrested
by writ of mandate issued by the pre-
siding Judge of the Superior Court The
writ was dismissed by Judge Wallace.
When the case was called in the Police
Court yesterday afternoon at 2 O'Clock
Lawrence appeared, accomp anied by his
counsel, w. II. L. Barnes and A. J.
Clunie. The usual number of Police
Court loungers attended the session.
Many of the spectators were curious to
know what tactics would be adopted to
secure further delay. and so when General
Barnes read an affidavit of the defendant
asking that the cause be assigned TO an
other court on the ground that Judge
Campbell entertained prejudice toward
the accused no surprise was manifested.
When the reading of the affidavit was
ended and the conclus ion reached that
owing to bias and prejudice OF the Judge
the defendant could not get a fair and in>-
partial trial in that court, General Barnes
remarked that the court had no other
alternative than to order the cause as
signed TO another Judge.
Judge Campbell did not subscribe to
that view of the case. He suggested that
if such were the law an Unscrupulous per-
son could swear himself out OF every court
in the county and no tribunal could try
the case.
General Barnes read a long decision
from Judge Murphy to sustain the mo-
lion to transfer the case.
Grove L. Johnson replied to the argu-
ment of General Barnes, and clearly de-
fined the distinction between trial and
q proceeding of examination. He N ain
taineo that the accused was not on trial,
but simply before the Police Court for ex-
animation TO determine whether trial
should be had. 1t was argued that the
law quoted by Barnes had no bearing on
the case in point, and that the court would
be obliged TO decide the motion on behalf
of the defendant as an original PROPOSE
ton. The court should consider whether
the granting of such motion would not
embarrass the administration of justice.
The Murphy decision related 20 a case
where the trial had begun, This is not
8 trial" said Mr.. Johnson, lit is an ex-
animation before a committing magis-
trate. ask your Honor to deny this mo-
tion.'
While General Barnes and Grove John
son were discussing the points raised and
considering sugges tions advanced bY A.
], CIunie and the court the prosecuting
attorney, Mr.. Spinetti was silent. This
silence excited The displeasure of General
Barnes Reference was made to the indif-
ferent position of the prosecuting officer
in the Figel case and the insinuation cast
that the adviser of the court had no opin-
ion on the question presented to the court
in this case.
Andy Clunie apologized for the Gener-
ars onslaught on Spinetti. saying that the
L. I'll
the proceedings one day when Barnes was
not present.
As Mr.. Spinetti was getting pretty hard
pressed for an opinion, he arose and sug-
gested that a Judge was not always
Judge of his own bias. and it might be we'll
for his Honor to grant the motion for
transfer of the cause TO another court.
Grove Johnson began to manifest some
impatience He addressed the court, say
ing: 81 thought we were here i'll the case
of the People VS.. Lawrence and not in the
case of the People vs. FigeL [ consulted
with Prosecuting Attorney Spinettl about
coming into this case. am here with his
consent l have Just as much right here
as General Barnes. We are both here for
the same reason, because we are paid for
it. / desire to get along pleasantly and
treat every one in the case politely, but if
contrary style is introduced l can con-
form to i"
Police Judge Campbell terminated the
discussion by saying: 81 will overruie the
motion and you can mandamus me-"
The defendant Lawrence was then
arraigned in due form, the com plant was
read to him by the clerk of the court and
his counsel entered for him a plea of not
guilty. The case went over until P. NJ.
to-day so as to give the lawyers for La w
renee an opportunity to go before the pre-
siding Judge TO get writ to restrain
Police Judge Campbell from hearing the
case.
The ousted Supervisors recently went
before the Supreme Court to have their
case transferred from Judge Wallace's
court, on the ground that that Juoge was
biased. Wallace held that he was not
biased, and the court sustained him.