The San Francisco call., 1897-09-03
oEoR6E K.flT(H

the complaint being malfeasance in office
for failing 10 fix the water rate. during
the month OF February OF this year.
There was a regular crush among the
politicians to get look at the defendants
and no such excitement has been seen in
the City Hall since the day Durrant was
sentenced.
The array of legal talent was quite i'm
posing for in addition to the lawyers
regularly employed in the litigation
nearly all the mem bers of the profession
who could spare the time from their en-
gagements were in attendance. Garret
McEnerney and E. S. Pilisbury appeared
for the solid eight" and they were to a
certain extent assisted by MCGOWAN d
SquiTes, who have been retained by Su-
pervisor Lackmann, while ATTORNEYS Sam
uels and Costello represented Supervisor
| Rottanzi.
George K. Fitch, the complaining wit
ness, occupied a seat within easy reaching
distance OF his attorneys, Messrs. Schell
and Baggett. Mr.. Fitch was really the
observed OF all observers, and there was
| no doubt that, though he has lived in this
| City for nearly half a century, many OF
| those who were present saw him for the
first time when he took his position on The
| witness-chair
An ominous silence prevailed in the
| courtroom before Judge Wallace entered
ana ascended the bench, but when court
was called to order the proceedings were
sprlghlly enough to satisfy the most ex-
acung hunter for sensations. The legal
| 1enclng wss fast and furious. and until the
testimony of the clerk of the Board of
Supervisors was called for there was no
| cessation OF hosilities. As both sides
seemed anxious 10 have Mr.. Russell tell all
ne knew, there were few objections inter-
posed 10 interrupt his testimony.
1t Is usually conceded that the mind of
1uuse wallace is as inscTutable as the
| couhtenance OF the Sphinx, and no one
dares 10 forecast the probable result OF his
| ratloclnauons before The conclusion is
announced, but there were some so bold
| yesterday as to think that they had re-
celVed "a pointer out of his hand" as they
would say at the club, for when Attorney
ochell was talking about showing the will
lui ana knowing neglect of the Super
Flsors When they IGNORED the constitution
ana the law, after being warned hy CITY
Attorney Creswell that they would for
ielt their offices if they refused to fix the
| water rates in February, Judge Wallace
| dTyly remarked that he could see hut one
| question to be settled, namely: 'Dd the
| Supervisors fix the rates in February o.,
| If they did so there was an END To the CON
troversy, and If they did not do so. there
must be but one conclusion. He did. not
say what that conclusion must be. but it
made the cold shivers run down the sp1nes
OF the Supervisors and their friends and
| appointees.
Attorney McEnerney, representing all
the defendants except Supervisors Lack
mann and Rottanzi, asked that the trial
OF thls case be sent TO another Judge on
the ground that Judge Wallace was nreiu-
diced against the defendants.
This motion was peremptorily denied.
the court curtly remarking that there was
no foundation for the charge; that he had
not wished the case; that he was not ac-
ouainted with any Of the persons accused
and knew nothing of the facts involved
except what he had read IN the public
prints. The case had been sent to him by
the presiding Judge and he considered it