The herald., 1898-11-16
CLARK'S SENTENCE
Afidavits for Continuance Pronounced
Specious by the Court

Yesterday morning Judge Smith ascended
the bench at 8 o'clock, in pursuance of a
previous order, and announced that he was
ready to take up the motion for new trial
of the cause of Harry f. Clark, under con-
viction of the murder of Wong Sing Hay.
Mr.. McComas of the district attorneys Of
flee was present, as was also the defendant
and Mr.. Allen, one oS his attorneys, but Mr..
Shinn was conspicuous ON account Of his
absence.
Mr.. Alien arose. and with due Difference
to the court, announced that counsel for the
defense had not had time to prepare the
atfidavits it had been inteded to file, and
asked that the cause again be allowed to 60
over.
Judge Smith was plainly nettled. He had
granted the continuance to a specified time
on motion of Mr.. Shinn and, the time having
arrived, the lack of sincerity manifested in
asking for the continuance called forth a
vigorous reproof. He sternly replied to Mr..
Allen by saying:
"No, sir; want your affidavits at once,
and I'll soon attend to this business
Allen was staggered, but he drew from
the depths of his inner pocket typewriter
copy of motion for new trial on technical
grounds, which he read to the court. This
made reference also to new testimony, which
every one knew was contained in the affida-
Wits of Harry Clark and Letitia Alice, lately
filed with the district attorney. But Mr..
Allen attempted to say that the affidavits
were not yet ready.
| Mr.. McComas fired up in an instant, and
announced for the information of the court
that the atfidavits were not only ready, but
that he had seen copies of them.
| Mr.. Allen took exceptions to the statement
and said that he had not seen the affidavits
and was not aware that they had been pre-
pared. McComas had on his war paint, how
ever, and charged the attorney for the de-
Tense with bad faith, even alleging that
Allen was present when the affidavits were
prepared. He modified his statements later,
saying he knew Shinn was present, but Allen
might not have been there all the time.
| Judge Smith ,lambasted the defense for
routing him out at 8 o'clock, in order not tc
interrupt jury trial coming on at 10, and
then allowing other trivial matters to take
precedence over capital offense, character
izing the practice as peculiar" After somt
conciliatory remarks by Allen, the cause wa.
continued until 2 p. m. and at that hour Mr.
Shinn put in tardy appearance with al
affidavit, sworn to by Mr.. Allen and himself
showing that they did not know of the new
evidence in the case till late last week, and
reciting the difficulties in the way of pre-
senting Immediately his complete statement
in support of the motion for new trial. A
witness at San Jose and other out -of-town
witnesses must be communicated with and
affidavits secured.
This affidavit of counsel Judge Smith de
clared to be "specous" and wholly lacking ii
merit. The one possible excuse for continu
ance, the fact that the Hunter examination
was in progress, had not been mentioned b,
counsel at all. He was disposed, however, tt
take cognizance of the fact, though not of
ficially informed, and announced, in view O.
that, that the time for passing sentence OF
Clark would be again continued, with the
reservation. nevertheless, that on Saturda,
the matter would be taken up. Accordingly
the cause went over until Saturday, by which
time it was presumed the Hunter preliminar,
examination will have been ended.