The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-10-12
NO OFFICIAL
STENOGRAPH HERS
Judge Cook Decides That
Police Courts Must Do
Without Them.
The Reporter of Evidence Can
not Claim any Fixed Re-
Enumeration.
Point Raised in the Trial of Shafer
and Woods Brings an Unex-
peOted Result.

He that has long been known as the
official Police Court stenographer is no
more. 1t has been found that in the eyes
of the law he was an impostor. He has
lived Tor years In luxury, but now that
he has been found out the emoluments
accruing from the profession of reducing
to writing the words of plaintiff, defend
ant, Judge. jury, counsel and witnesses
will be materially reduced.
Judge Carroll Cook yesterday decided
that the official Police Court stenogra pher
was an i'm postor when he passed upon the
legality of the record in the case of Van
R. Shafer and Joseph NJ. Woods, charged
with having assaulted Miss Birdie Irene
Regain, alias Birdie Fox, few months
ago. as prepared in the Police Court. The
decision CT the Judge puts an end to the
great expense incurred in the compilation
OF steno~raphic records, and incidentally
let the alleged assailsnts of birdie Fox
walk from the courtroom free men.
The preliminary examination of Shafer
and Woods was held before Judge
Joachimsen. The testimony at the ex-
animation was reported by Mr.. Allen,
VINO was appointed stenographer while
Mr.. Gawthorne was absent. The defend
ants were held 10 answer 10 the Superior
Court, and before the trial came up Miss
Birdie Fox and her sister, Anna Fox, left
II
the District Attorney desired to read be-
fore the jury the testimony given by the
sisters at the preliminary examination in
the Police Court. Objection was raised
TO this by the defendants attorneys, Len
non and Hawkins, on the ground that
Allen, the stenographer pro tenn. of
Judge JOachlmsen's court, had never
taken and:subscribed to the con stitutional
oath OF office as required by section 272
of the Code of Civil Procedure.
Section of the act of February 90 1898,
regarding the Police Courts of the city
and county of San Francisco provides
That there shall be appointed by the
Judge of each department of said court a
stenographer, who shall receive for his
services the pay now allowed by law" If
this section of the act was valid it would
constitute the stenographer an officer OF
the court and would require his taking
the constitutional oath of office.
Judge Cook in his decision declared
that such provision was special legislation
and therefore unconstitutional and void
and that, consequently, there is no such
place or position as official sIenographer
of the Police Court"
Further objection was then made to the
reading of the dispositions upon the
ground that as there was no official
stenographer of the Police Court, the tes-
tlmony could not be read, Mr.. Allen lot
having been specially appointed and spe-
cially sworn as the stenographer 20 take
down in shorthand the testimony in the
case In accordance with the provision OF
section $50 of the Penal Code.
For the purpose of proving this the de-
PENDANTS attorneys called Judge Joachim
sen TO the stand, who testified that no
such procedure was had.
The dispositions of the witnesses Bird lie
Fox and Anna Fox was thereupon held in
admissible and therefore 1t was inpossi.
bile to secure a conviction, and Judge Cook
instructed the jury to acqult the defend
ants. The jury without leaving their seats
returned verdict of not guilty.