The San Francisco call., 1905-01-31
CHIEF JUSTICE
MAY GIVE WRIT
Judge Beatty Favors Allow
ing Release of E. FL. Hoar,
Jailed District Attorney
OUTCOME OF A SCANDAL
Officials of Merced County
Involved in Case Result
ing in Lawyers Appeal

Echoes Of the scandal that has stirred
Merced County for several weeks were
heard yesterday in the Supreme Court,
when Chief Justice Beatty listened to
arguments by counsel upon the ques-
tion of allowing writ of habeas cor
pus to E. H. Hoar, the District At
torney of Merced County, who was re-
Gently Jailed for contempt of court.
The alleged contempt of court con-
sisted in the refusal of the District At
torney to answer a question put to him
by the counsel for several Supervisors
and employees placed under indictment
by him. Yesterday the Chief Justice
said he thought the question had been
sufficiently answered according to the
evidence submitted, but that he would
reserve his decision on the writ. In the
meantime he allowed District Attorney
Hoar his freedom on his own recCg-
niZance, there being no objection by
counsel.
Several weeks ago there existed po-
litical friction in Merced County be-
tween the Board of Supervisors and the
Sheriffs Office and i'll feeling was rife.
About this time the District Attorney
is said to have discovered collusion be-
tween members of the Board of Super
viSors and employees who had been or
dered to- inspect the building of the
County Hospital.
A venire Tor Grand Jury was is
sued by Judge E. n. Rector of the
Superior Court, and it is alleged that
among these men were nine who were
Objectionable to the District Attorney s
office. These nine men were subpenaed
by the District Attorney as witnesses
and at his request were excused by the
court from serving. The Sheriff was
then ordered to secure a special venire
and nine other men were made grand
jurors. Following this, indictments
were found by the Grand Jury against
Supervisors Thomas Price and A. B.
Hamilton, w. H. McElroy and Archi-
tect McDougall and F. H. Robinson,
employed by the Board of Supervisors
to inspect the building.
Frank H. Farrar and Smith & Os-
trander attorneys for the defendants,
attacked the Grand Jury, and during
the trial District Attorney Hoar was
asked whether he had in mind the
using of the Grand Jury against the
Board of Supervisors and the District
Attorney refused to answer. Judge
Rector held him guilty of contempt and
imprisoned him.
In his opinion, Chief Justice Beatty
held, that the court was in error in
dismissing the first nine grand jurors,
as their being subpenaed as witnesses
would only affect the cases in which
they were to give testimony He also
sustained the cofftefftion Of Judge Law,
who appeared on Behalf Of the District
Attorney, that this proceeding might
be construed as charge that the Dis
trfct Attorney packed the jury, when
it was not the intention so to do. The
Chief Justice held that from the testi-
mony submitted the District Attorney
had answered the question to the best
of his ability in previous answers.
The test case under the fruit Ship
ping law which involved the arrest
of Charles Z. Hayden of Waits onville,
on the charge of failing to place the
name of the locality in which the fruit
was grown on each box before ship
ment, came up yesterday in the Su-
preme Court. The attorneys asked a
postponement for the purpose of filing
briefs, and time was allowed them.