The San Francisco call., 1905-01-05
Torrance of San Diego and
Smith of Santa Cruz Will
Be Summoned by Senate
Special Dispatch to The Call.

surprise to-day when Attorney j. H.
Leonard arrived from Santa Cruz and
placed specific charges against the
jurist in the hands. Of Assemblyfnan
George c. Cleveland of Watsonville for
presentation.
Under the law impeachment proceed
ings must originate in the House, but
the trial of the accused will be held in
the Senate. In his specifications
against Judge Smith Attorney Leonard
makes charges substantially as fol-
lows: That Judge Smith has been
guilty of great partiality and favorit-
ism to one Charles M. Cassin, an at
torney of his court, the partiality be-
ing manifested to such degree that
it has created O general impression
that to succeed in litigation before
Judge Smith it Is necessary to employ
Attorney Cassin; that Judge Smith
told Peter P. Hartman, litigant, that
he should have employed Cassin and
was very unfortunate in having re-
tanned other counsel, for he (Judge
Smith) would be more than human IL
he did not let his personal prejudice
guide his decisions: that on one occa-
sion Judge Smith permitted Cassin to
assault litigant, one Thomas Dakan,
In open court without reprimand. but
punished Dakan for defending himself.
FAVORED A PRISONER.
1t is further charged that Judge
Smith interested himself on behalf of
one Nathan Smith who had been con-
victed of an assault with deadly
weapon, caused Smiths attorney,
George B. Fletcher, to procure a petit
tion of good character for him. and
then, under authority of this petition.
prepared after Smith had been convict
ed. sentenced him to the lightest pun
ishment permitted by thee law: that
Judge Smith advised Attorney Leon
ard during the trial of the case of Mich
olas Sambuck against the Southern Pa
cific to permit the railroad physicians
TO examine .Sambuck, who had been in
jured and was suing for damages. and
to have Sambuck bend and squeal
when the doctors touched him: that
during the trial of the case of Dolores
Ramirez against the Big Creek Pow
er Company Attorney Leonard was
informed by one Harry w. Rich that
j. V. Gregory, one of the jurors in the
case, had expressed his intention to- ap-
proach the defendant corporation for
payment for his verdict; that such in
formation was placed before Judge
Smith, but he refused to consider it.
informed the juror that he did not be-
licve the statement, called Rich before
him and treated him in a tyrannical
manner, subsequently filing an instru-
ment in which he stated that the Juror
was not guilty of any corruption. and
this. after having stated to one ]. M.
j. Majors that Gregory should be pros
ecuted for his conduct. In this litiga-
ton the corporation was represented
by Attorney Cassin.
Continuing, the complaint says that
after one Louis Buelna had been con-
victed of statutory crime in Judge
Smiths court the Judge went to the
prisoners mother, Frances Buelna, and
told her to inform the boy that If he
would not seek new trial he would
sentence the lad very lightly, this
action, 1t is alleged. being taken to put
the boy in a position where he could
not perfect his appeal that Judge
Smith, for the purpose of preventing a
proper investigation into his own
conduct. appointed a friend of the Big
Creek Power Company as foreman Of
the Grand Jury.
GUILTY OF OPPRESSION.
Another charge is that Judge Smith
has been guilty of oppression and
tyranny in his office, incorrectly and
oppressiyely. and without just cause
imprisoning one p. E. Zabala and one
J. J. Wyatt upon feigned, fictitious and
-
that Judge Smith through ignorance.
incompetency and corruption has
wrongfully decided a great percentage
of the cases in his court as evidenced
by the fact that about so per cent of
the civil cases and rs per cent of the
criminal cases tried before him have
been reversed by the Supreme Court at
great expense to the litigants and to
the people of the State of California;
and in conclusion that Judge Smith.
arbitrarily and of his own motion and
without notice, struck from the files of
his court the complaint In the case Of
Helen Younger against Charles Moore,
Judge Smith being a party litigant to
the action.
WILL PRESS THE CHARGES.
Attorney Leonard was accompanied
here to press the charges by Mr.. Rich.
his principal witness in the alleged de-
velopments of corruption in the Big
Creek Power Company case. The speci-
fed charges were placed in the hands
of AssembIyman Cleveland and he will
present them for the action of the
Legislature early next week.
No specified charges have as yet been
fled against Judge Torrance, but it
was stated by a member of the Los
Angeles delegation this evening that
they would be prepared probably next
week.
II have been asked to present the
matter" he said, but as am in the
Senate cannot do this. The i'm
peachment proceedings must originate
in the House. The charges against
Judge Torrance are serious and pri-
mariiy involve improper conduct in the
Gay divorce proceedings in which 1t
was charged that during the hearing
of the case by Judge Torrance he went
ia the Gay home and questioned var
ious witnesses and looked over the
premises to the prejudice of one of the
parties and this without the knowledge
of the attorneys Of the parties thus
prethdiced. Other charges seriously re-
fiecting upon Judge Torrance will be
included in the specifications and 1t
was only to-day that / was informed
that several prominent attorneys Of
Los Angeles are preparing the case
against him. which will undoubtedly
lead to sensational trial before the
Senate"