The San Francisco call., 1898-03-15
Said to Have Offered to Sell an Alleged Con-
 feSSiOn.
Judge Carroll Cook Has Or dered an Investigation
 to Be Made.
TO PRESENT AFFIDAVITS
CounSeps Serious Position - Some One Must Suffer for the
 Offense.

The honor of Benjamin w. Mcintosh, of counsel for Albert Hoff, charged with the murder of Mrs. Mary Cute, is in- volved in scandal which has cropped up since the work of securing a jury to try the carpetlayer for his life commenced. It is charged that Mcintosh, while em- ployed in maintaining his clients cause in court, has furthered negotiations to sell what is alleged to be a confession from the pen of the accused of the murder which is laid at his door, and Judge Cook, appreciating the graveness of the affair, yesterday ordered the District Attorney to make an immediate investigation and report his findings to the court.
 When Hoff appeared in court yesterday he was angry, and when Judge Cook en- tered the room he ceased passing his bony fingers through one another and looked appealingly at the court as though he would have retributive justice meted out to him who falsely or otherwise stat ed that he had added to the weight of evidence against him. Judge Cook took his seat on the bench, and without cere- mony dismissed the ten jurymen who had been selected to try the prisoner. He then announced that 1t had been called to his attention by the District Attorney that one of defendants counsel had been publicly charged with grave misconduct, and ordered the District Attorney to make an immediate investigation.
 If the charge be untrue" said Judge Cook, faction should be taken to punish the newspaper that published it. If 1t be true, other action should be taken. What ever investigation the District Attorney affidavits. Upon these affldavits l will take appropriate action. It Is the duty of the defense to aid the District Attorney in this investigation"
 So ended Judge Cooks remarks, but 1t Is evident from their tenor that some one must suffer, either the newspaper that published the charge, or the attorney charged by the newspaper.
 defense. replied to the remarks of the court, and said that he would lend all the assistance in his power to get at the no knowledge of the matter" said the attorney, Il will present any facts l ob- tain to the court in writing and under oath" Judge Cook then recalled the Jurymen, and after many venfremen had been examined, R. F. Mapleson and Julius was complete. To-day the taking of evil dence will begin, and in all probability by the end of the week Hoff will know his fate.
 Mcintosh, who is accused of gross misconduct, was in court during yeSter- days proceedings, and assisted in the examination of talesmen. He was calm, but manifested by his appearance that he did not enjoy the notoriety that had been thrust upon him. He is charged with having offered a few days ago to sell confession signed by Hoff for 5000 In offering the document 1t Is said that he commissioned Edgar B. Raymond, an- other attorney, to consummate the sale, and declared that in offering the docu- ment he was actuated only by a desire to save his client from the hangmans moose. In the publication charging Me- 1ntosh with the questionable proceeding he is quoted as saying: "Hoff will not accept one cent under S2000 for his con- fession. He realizes that a great deal can be done with money. Then, again his attorneys ought to be paid S700 or $500 for their work in his behalf I fully realize the seriousness of the situation. I know that a mans life is at stake, and I do not like to do anything that may injure his cause and tend to send him to the gallows. If his confession were pub- lished Hoff might have to change his defense. He would have to deny the truth of the confession or else justify it in some way. The confession came to me through Attorney Schooler. l took MT. Raymond into the secret because l knew him and because believed that he could do something for my client"
 Attorney Schooler emphatically denies that he had any knowledge of either confession or an alleged confession, and Hoff does likewise In the face of these conflicting statements, the District At torney may have considerable difficulty in clearing up the matter to his own satisfaction and to the satisfaction of the