The San Francisco call., 1899-09-17
BERKELEY JUDGE
THREATENS UNCLE
SANS OFFICER
Federal and State
Laws Clash.

BERKELEY, Sept. 16.-sorne decidedly
startling developments are growing out or
a law case now in progress in the little
court of the university town. The graV-
tty OF the affair has never been eQualed
here. AS an urshot of the whole thing
Justice OF the Peace Robert Edgar came
within an ace of committing Deputy In
ternal Revenue Collector Frank Fletcher
to jail for contempt of court.
Two weeks ago the police arrested
Charles Schmitt, charging him with vio-
lating the one-mile liquor law. Schmttt is
the proprietor of a place on Center street,
below Shattuck avenue. The case against
him is strong one from the evidence
gained during the raid made by Marshal
Lloyd and his deputies. This afternoon
the accused liquor dealer was brought up
for trial. He was represented by Attor-
ney NJ c. Chapman of Oakland as coun-
sci, Town Attorney Brewton A. Hayne
representing the city.
The ordinary preliminaries of trial had
been gone through in the customary way
when Attorney Hayne surprised the
courtroom by calling to the stand Deputy
Internal Revenue Collector Fletcher. Up
on F'letchers testimony the prosecution
expected largely to rest its case 1t has
long been known to the police authorities
that revenue collectors have exacted
money from liquor dealers within the one
mile limit. Il was known TO the prosecu-
Schmitt's place II Fletcher could be
brought to acknowledge that he had col
lected money or had asked for money
from Schmitt the evidence would prove in
valuable to the city.
Fletcher took the stand and was duly
sworn. He admitted being in schmitt's s
place on the date named by the prosecu-
ton. But when Attorney Hayne asked
him to relate what was said and done
there the court came to deadl2Sk, 2Sl !.
prosecuting attorney argued and ex-
explained. But Fletcher persisted in his
stated that as a United States official he
was not at liberty to reveal any Govern
ernment secrets. Attorney Hayne expos
tulated and Judge Edgar expostulated,
but without avail.
1t was. then that Judge Edgar became
threatening. He told the witness thai
ton were answered he would be com
rnitted TO jail for contempt of court.
Fletcher remained silent, however. and
threat. when Attorney Hayne intervened.
He asked the court to continue the case
until Monday, in order that the revenue
collector might consult with his superiors
as to the course of action. Judge Edgar
hesitated but was disposed finally to
grant the attorneys request, although he
Explained to Fletcher that if next Monday
he still persisted In his refusal he would
I be committed TO Jail at once.
Aside from the legal technicalities in
volved, the presence in court OF a United
States official to testify TO the direct
Iegalizing on the part Of the internal reve-
nue. officers of a traffic expressly forbid
den by the constitution of the State is suf-
ficient commentary upon a state of things
which the whole police force Of the uni
versity town has been trying for years tc
suppress. That the one-mile limit law /:
openly violated by at least five or siI
! places within a few hundred yards Of the
State University grounds is, of course
| fully understood by the residents OF the