The San Francisco call., 1897-11-03
Proceedings in the War
den Edgar Contempt
:..+.. Case.
The Attorney-General's Office
Comes in for Warm .
Criticism.
The San Quentin Official ArraIgned
for Failure to Execute
EbankS.
special Dispatch to THE CALL

SAN DIEGO, Nov. 2.-The double pro-
gramme before Judge Torrance this
morning-the resentencing of Murderer
Ebanks and the proceedings against
acting Warden E3gar of San Quentin for
contempt because he did not hang
Ebanks-drew a large audience. The
prfncipals in both cases were present
Judge Torrance first took up the con-
temp; proceedings against Captain Ed
gar. Acting Attorney. General Henry E.
Carter said he was present to represent
tie Attorney General, and in part for
Asrtain Edgar. Judge Torrance expressed
his di-approval OF this com binatlon. say
ing that his understanding of the duties OF
the Attorney-General prec uded his act
ing as counsel for persons charged with
criminal offsnses. Carter said Captain
Ell ar bad acted upon the advice of his
office IN not hanging Ebanks on Oc-ober
s, and in justice to him the At orney-
General felt that the reasons for Captain
Edgar's actions should be explained.
1T Captain Edgar has been acting un-
der the advice of the Attorney General in
this matter" said Judge Torrance, II am
Perfectly willing TO excuse you from ap-
vou TO appear before this court as counsel
tor him. }"
Garter said that he fully realized that
his position made him i friend OF The
court, and be would take no action that
nigh. be construed as opposing the court.
Your position, Mr.. Carter" said Judge
= Torrance, should make you a friend of
.tnis conrt, but if the interview published
This morning as coming from you Is cor
ret l cannot recognize you as fr end of
this court. On the contrary. the state
ment> credited to you, Mr.. Carter, are
very serious, as the language used Is ap-
parent intimida lion of The court. II you
did not make the statements in the inter
view, [ must ask you 10 deny them.
And # vou did make he statements, |
must refuse TO hear you fLrther in this
matter
Carter denied that he made the state
ments published in the paper com planned
OF by the court. On the contrary, he had
told the reporter that he did not wish to
say ANYTHING in advances of the courts S
action in the coujempt proceedings. The
denial was accepted bv the court, and
Carter was then allowed to present the
reasons why Edgar had not hanged
EDanks on October s.
As for continuing the hour of the eXecu-
ton fr m 10:30 A. NJ. TO 2:30 P. NJ. on
October 8, Carter said he had not anything
4 tQ say. Captain Edgar could appear for
himself on that point.
But after that hour the Warden acte ed
solely on the advice of the Attorney-Gen- a
era, no told him that the Ebanks case
Tas exactly similar 10 that of Durrant,
WOrden, Allender and B. J. Hill, none OF
WON had yet be n executed, and that,
the United States Circuit Court having al
lowed the appeal to the United States Su-
Ureme Court and the same having been
perfected, the Warden could not safely
cdrrv out the order o: the Superior Court.
Argument lasted until late this afternoon,
and Judge Torrance took the case under
advisenent until Friday. Ebanks will
also be resentenced Al that time.