The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-16
Judge awlor Rebukes
Attorney Murphy

Another fight for time, resulting in
some heated argument and a slight
display Of temper occurred in connee-
tion with the graft cases against SUI
peryisor f. P. Nicholas and Janitor
Peter NJ. Duffy yesterday morning in
Judge Lawlor's court. when Attorney
Frank j. Murphy filed a demurrer to
the indictments against the two. de-
PENDANTS and asked for additional time
to prepare his arguments in support
of the motion. The result of the some
what lengthy session was that the
cases We're set over until Thursday
morning at 10 o'clock for argument.
with the understanding that Murphy
is to furnish the District Attorney on
Wednesday morning with the points
on which he viii rely for his defense
of the demurrer,
Murphy's demurrer objects to the
indictments on the ground that they
do not contain statements OF facts con-
stituting the offense charged "in Ian
guage ordinary and concise enough to
enable a person of ordinary intelli-
ge1ce to understand Its intention:
that more than one offense is charged
relating to the same act. and that the
indictments contain matter which IL
true, would constitute legal justifca-
tion and excuse for the offense.
Following the reading of the de-
murrer, Murphy made the much abused
motion for more time, asking that the
cases go over until some afternoon
during the latter part of this week,
to which Assistant District Attorney
O'Gara objected, suggesting Monday.
Judge Lawlor also objected to further
delay. and urged that the cases be ia
ken up again as soon as possible
This request is made in all frank
ness and fairness" declared Murphy.
Judge Fairall and myself have been
busily engaged in looking up the law
concerning the motion to set aside the
indictments and have had time TO
prepare ourselves to argue this de-
murrer. The defendants are out on
is any occasion for haste. By Monday
we would be in no position to argue
this matter. but can promise that we
VIII be prepared by the end of the
week. These cases should be treated
like other cases and SHOULD not be
jammed along"
Judge Lawior answered that he con-
sidered the cases important ones. as
they contained unusual questions ana
said that although he believed both
sides should be equally desirous of
haste, he intended to treat them thu,
same as any other cases in his depart
ment He then went into the history.
Of he cases in detail. showing that thew
have been on the court calendar for
sixteen days up to the present time.
and urged that counsel agree fd.a con-
tinuance until Monday morning.
Here IL is Saturday. your Honor,
responded Murphy with some heat.
You apparently fail to take into con-
sideration the fact that r have sotber
engagements to attend to-
Counsel must not make dogn1atic
statements of that character" repri-
rnanded Judge Lawlor. IF I HADN'T
taken that fact into consideration
would hear your arguments now with
out any postponement"
Murphy subsidized and O'Gara asked
him If he had not looked into the
points which he wished to n,;sxe IN con-
nection with his motion to sustain the
demurrer
II have not he answered Il realizc
that there is great political pressure
behind these cases., which Il arcs-f,fs =