The San Francisco call., 1905-06-21
Motion for New Trial in the
Case of Joseph Rebstock,
Convicted of a Violation
of Election Law, Is Denied
O'GRADY ADJUDGED
GUILTY OF CONTEMPT
Court Expresses Hope That
the Proper Parties Will
Make a Thorough Investi-
cation of Acts of Counsel

Judge Lawlor yesterday denied the
motion for a new trial made on behalf
of Joseph RebstOck, convicted of a vio-
IatiOn of the election law while an Of
acer of a primary election precinct. At
torney Alexander l.. O'Grady was ad-
judged guilty of contempt of court for
characterfzinE the Judges actions as
arbitrary, and the defendants other at
torney, A. :. NewburSh, gave notice of
his withdrawal from the case. SEN
tence upon the defendant vas not pro-
nounced, rs motion for arrest of
Judgment was made and will be argued
this morning. The Judge also took Oc-
casiOn TO animadvert in scOrchfng
language upon the course adopted by
counsel for the defendant and TO ex-
press the hope that the matter would
he taken up by the proper parties.
The Judge, in rendering his decision,
dwelt al length on the various points
advanced by defendants counsel. Re
garding the plea Of immunity because the
defendant had testified before the Grand
Jury the Judge held that there had been
nothing TO show that the defendant had
been compelled 10 testify and without
compulsion he could not claim immu-
nifty. The defendant should at the time
have made the fact known that he was
10 testify under compulsion and that the
evidence he would give might tend TO in
cririnate him.
With regard 10 the point that the trial
was continued on May 81 without a Judge
or the defendant being present. as re-
Quired by the rules of the court. the
Judge said that from motives of pro-
priety he would not proceed to an analy-
sis Of the testimony, which must stand
on its merits. The rule was well recog-
nized that the defendant must be pres
ent, but the court would not assume that
there was any trial on May 81 The
missions or stipulations from counsel, to
instruct the clerk TO nouTy the jurors
not % come till the following day. It
would have been a proper thing 10 do and
ii would not have interfered in any way
with the trial, as the case was not reg
ularly called. The stipulation or consent
of counsel was not legally necessary, and
he had refrained from discussing the evil
oence for these reasons.
ATTORNEYS ARE FLAYED.
In closing the Judge said:
Certain matters have developed in the
course Of this inquiry which this court is of
the view should not pass unnoticed and un-
determined snd the court sincerely trusts
that the matter viii be taken up by the proper
parties and that it will be determined whether
ar attorney II he does make a statement of
that kind may thereafter come into court
OF justice rather remain of a court
OF justice when a case is on. and thereafter
appear and urge the violation Of his word
be taken by a court OF justice.
Those are matters that are of every day
Importance. This court takes the view that
no man should be permitted to practice law
who is not worthy of the confidence of the
Judge who sits upon the bench The Judge
Of this court follows the uniform practice
that wherever il can get any Light in any
legal matter pending before it it never hesi-
tates 10 ask for that light from counsel on
side or the other, and the court in this
instance did that precise thing with counsel
FOR this defendant. because the court was then
and iyl7rar Cetzl with
belief that there are many important ques-
tiOns in the case at bar and the court desired
70 be guided right and desired all the aid
IL could get from counsel for the defendant
and not only in this case but many others.
Since the cause was first assigned TO this
the aid counsel could give and all available
authorities. Now I hold that TO be a proper
relation between court and counsel. who are
sworn officers Of the court. operating under
sacred oath and under section 2S2 of the
Code OF Civil Procedure, which 1t might not
be arniss TO read at this time.
have made these observations and trust
they will receive proper consideration at the
proper time, and that the truth OF what
occurred Will be duly ascertained and an
impartial determination of the facts had. and
II there has been any violation of legal ethics
shall be properly inquired into. The motion
for a new trial is denied.
O'GRADY IN CONTEMPT.
Attorney O'Grady rose and said he
would take exception to the Judges ruI-
ing. He said there was a suggestion in
q newspaper TO the effect that there was
q preconcerted scheme whereby Attorney