The San Francisco call., 1905-06-13
.LAWLOR TOASTS
TWO ATTORNEYS
O'Grady and Newburgh, Reb-
stocks Counsel, Try to
Engage in Sharp Practice
JUDGE Is WRATHFUL
Says Lawyers Gave Consent
and Now Want to Take Ad-
vantage of Alleged Error

his wrath on the heads of A. L. OGrady
and A. S. Newburgh, attorneys for Joseph
Rebstock. yesterday afternoon for what
looks like piece of sharp practice The
Judge did not mince matters and the at
torneys wilted under his scathing denun-
ciation
Rebstock, convicted of violating the pu-
rity of elections law, appeared yesterday
afternoon for sentence and Attorney
Newburgh filed a motion for a new triai.
One of the various grounds was alleged
irregularities during the trial, and affida-
Wits were filed by OGrady, Attorney B. l..
Bloch and Rebstock in support of the
contention. These affidavits caused the
Judges outburst of anger.
They recited that on May % the trial
was continued till 1:3O p. m. May 81; that
at that time no Judge was present; that
the defendant and his counsel were not
summoned, and that the jury was calleG
into the box and instructed by Clerk Mar
tin to return at 2 o'clock on June 1.
O'Grady. in his affidavit. admitted that he
consented to the continuance and to the
waiver Of the defendants presence in
court.
1t appears that Judge Lawlor had to at
tend meeting of all the Judges at the
City Hall on the afternoon of May 81 and
he telephoned to Rebstock's counsel that
he would be unable to go on with the case
and asked IL they would consent to a
continuance and also waive the attsnG-
ance Of the defendant. That consent was
granted, but the attorneys are attempt
ing to take advantage of the rules Of
court that the consent must be in writing
or given in open court.
When tho aff1davits had been presented
yesterday Judge Uawlor asked Assistant
District Attorney Ferral when he would
be prepared with a counter showing.
"It is question whether we will care
to file any counter aIldavits," answered
Ferral.
COUNSEL GAVE CONSENT.
''If one counsel for the defendant
waived the attendance Of the defendant,
the calling of the jury and proceeding
with the case at all on that day. and con-
sented that the case be continued until 2
p. m. the following day." said the court,
'ft would be well to have those facts
proved upon this hearing.
'.Outside of what was done here, one of
the counsel expressly waived the attend
ance of the defendant. the appearance of
the jury and the calling of the case or
anything else.
.'If that matter is to be reviewed 1t
should be reviewed upon a complete
showing of the exact facts With this
done the proper administration of justice
will be aided by the determination of the
higher court as to how far the word of
counsel is to control in the conduct of
criminal action, or whether it is to have
any weight"
at certainly shall maintain" said Attor-
ney Newburgh, that counsel in a GRIM
inal case cannot waive anything in the
absence of the defendant"
II am not concerned as to what you
may or may not maintain replied Judge
7 tor thf1f in h ie nos hA 1ox
will be invoked to declare how far
member Of the bar may go in giving his
word concerning matters in court and
whether he win be permitted to discard
a stipulation solemnly made to court
and a waiver formally entered into"
'In my affidavit / have recited the facts
as they occurred Attorney O'Grady
spoke up.
LAWYERS SHOULD BE CURBED.
81 know nothing of the facts that trans
pired in my absence answered Judge
Lawlor. There was no understanding
that the case was to be called. 1t was
by consent to be continued, and 1t Is so
entered in the minutes of the court: and
the counsel, Mr.. Newburgh. waived the
attendance of the defendant the calling
of the case, the attendance of counsel and
anything else, he being informed by me
that at 1:30 o'clock there was to be
meeting of the Judges at the City Hall,
and for that reason no Judge could be
present in this building and formally or
der the case continued that engagement
having been overlooked by the court
when the adjournment was taken. I am
not only desirous-I am solicitous-that
the entire matter should be embalmed in
the record of this case, for it is time that
the Supreme Court laid down some rule
that will govern counsel who may be
permitted to practice in court of jus
tice"
your Honor's rule-22 of this court
provides no stipulation of counsel shall
be binding unless made in writing or in
open court" ventured Newburgh.
Then" declared Judge Lawlor with
emphasis, you have done an uncon-
scionable and deplorable act in entering
into stipulation Of that character, which
you will not permit yourself as man to
stand by. The point that ought to be de-
cided by competent authority is whether
an attorney may be permitted to urge in
court of justice matter which reflects
on his own manhood.
Assistant District Attorney Ferral said
he would file affidavits In reply Friday
morning.
O,Grady asked humbly if the Judge
would not listen to arguments they had
to advance on other points in the motion,
and the Judge consented. The case was
being argued when court adjourned at
6 p. m.