The San Francisco call., 1907-03-05
points on which the application for tn
writ were made.
OBJECTION OF PEOPLE

writ We're made.
OBJECTION OF PEOPLE
"At the outset of this matter" he
said, Il desire to present to your hon
or preliminary objection and a pre-
liminary motion 1 call your honor's 8
attention to the fact that there is pend
ing in a coordinate branch of the Su-
perior Court the cases mentioned in
the indictments, and one if not all of
them, is set for trial tomorrow. In
the matter of these cases extensive ar
guments have been had before your
colleague, Judge Dunno, and in the
course of these arguments every ques-
ton presented in these proceedings has
been passed upon"
question presented?" interposed the
court THE Federal question is the
sole one will now hear this mat
ter on"
Certainly, sir, this matter was gone
into" answered Johnson.
Ach interrupted, declaring that it
had not been heard.
1t was" answered Johnson sharply,
and 1t does not comport with my dig
nifty, nor with your Honor's dignity
to sit In judgment over another courts
actions"
DEMANDS THE RECORDS
Let me see it from your record" >"
persisted Judge Hebbard because we
must know our facts before we pro-
ceed to the law. If this was passed
upon you must show 1t to rle.s
Il will show it to you,' declared
Johnson. Il ask an hour in which to
present the record
"On the representation that the Fed
eral question was not>raised 1 granted
this writ" explained Judge Hebbard.
turning TO Ach. He then recited the
code provisions relative TO the compe-
tency or grand Jurors, pointing out the
conflicting sections.
Johnson arose again to suggest the
matter of an hours recess, when Judge
Hebbard leaned over his desk and,
shaking his finger toward the special
prosecutor, cried huskily:
Il am here to bring the law to any
defendant, prosecuted or prosecuted,
rich or poor. sick or we'll"
Johnson was still on his feet.
But you promised to let me present
the facts on the hearing before Judge
Dunno and said that if could show
you that the Federal question had come
up there you would drop this natter
L didn't!' shouted Judge Hebbard
u beg your Honor's pardon, but you
did" retorted Johnson
ROARS FROM THE COURT
Il never promised anything in ad-
vance, and I never will. You are mis-
taken" returned the court wrathfully
Mr.. Reporter, read the whole proceed
ings from the beginning"
The stenographer's notes were read
and Judge Hebbard construed their
meaning as bearing out his contention
that no promise had been given. 1t
was then that Johnson's feelings burst
their bounds. Stepping toward the
bench, he declared impassionedly:
1T would be a farce, worse than
farce. for you to sit here and pass judg-
ment on that petition. and. represent
ing the District Attorneys office. I say
that we will not be a party. to that
farce"
What is that threat?" roared Judge
Hebbard. clinching his trembling fist
There is no threat" answered John
son firmly
may proceed to hear. or do will be
farce. Don't say it. My standing be-
fore the bar and In this community pre-
cludes that charge" stammered the
court.
Il represent the people of the State
of California and 1 shall not hesitate
to state facts. although I do it humbly
and with due regard for your Honor's
position" returned Johnson.
Truce came Through the adjourn
ment Of court for the recess of an
hour, at the end of which time the
District Attorneys forces were aug
mented by the presence of Assistant
District Attorney Heney.
johnson was ready at this time with
a Transcript of the testimony taken be-
fore Judge Dunno. but in the face of it
Ach would not agree that the question
of constitutionality was made an issue
at that time. The court ruled In Achs
favor declaring that he differed with
his colleagues on great many points
OF law and. ignoring Johnsons plea
to his sense of propriety and due ed
ministrationl of justice, ordered that
the facts concerning the disqualifica-
ton Oh Juror Wise be laid before him
PROSECUTION QUITS ROOM
The end was in sight Johnson re-
fused to 5stipulate anything. even to the.
extent of admitting the personnel IF
the Grand Jury. Ach put Heney on the
stand to show this, but johnson OBJ
jected to the questions addressed to him
on the ground that his testimony would
not be the best evidence, and the result
was nil. Secretary Burnett of the
Grand Jury was put on the stand, but
one question ended his examination.
Again we protest in behalf of the
District Attorney of this city and coun-
ty and In the name OF the people of
California" cried Johnson, springing to
his feet. I'VE do not believe in this;
we will not participate in it; and we
take our leave of this court"
Already Heney, Langdon and Spreck-
els were leaving the courtroom and
Johnson prepared to follow them. 1t
was a belated goodby that came from
the lips of the court
The State of California Is permitted
to withdraw he said. IT want you to
know, however. that such action will
not interfere with this department pro-
ceeding according to its ideas of law
and it's duty"
That is right, SIR. We trust 1t
won't were Johnson's last words.
I'VE will not participate in any pro-