The San Francisco call., 1907-03-08
.HEBBARD FREES 4 Man
CONVICTED BY LAWLOR
Of A HE|NOUS OFFENSE
w. F. Wade, Who Assaulted
Little Girl, Ordered
Discharged
PROTEST is IGNORED
Action Taken While Other
Judge Considers Re-
storing of Record
PROTEST is IGNORED

Judge Hebbard has interfered again
with the.process Of justice in a criminal
case. he has taken it upon himseli
to circumVent the work of a co-ordi-
nate department of the Superior Court
and has released from custody man
under sentence for the most heinous OF
crimes.
Despite the fact that the matter OF
restoring the record in the case of Will
liam +. Wade. convicted of criminal
assault, was being heard yesterday
morning at the same hour in Judge
Lawlor's court, and without notifying
the latter of his intention, he granted
Wade a writ of habeas corpus and dis
charged him from custody.
AS soon as Judge Lawlor received
knowledge of what had been done he
ordered that a bench warrant be is
sued for Wade's arrest and that he
be taken into custody without bail.
Sheriffs deputies are now searching
for the prisoner, but he evidently took
advantage of the opportunity given him
by Judge of the Superior Court to
evade punishment for his crime and
up TO a late hour last night had not
been found.
Wade was convicted of an assault on
a 12-year-old girl in a Sixth-street
rooming-house in October. 1904, and
was convicted and sentenced by ] e
Lawlor TO ten years in Folsom. The
case was appealed and is still pending
in the higher court. pending a restora-
tion of the records, which were de-
stroyed in the fire. The work of re-
storing these documents was in
progress yesterday in Judge Lawlor's s
court when Judge Hebbard stepped in
and attempted to bring the matter to
a sudden end.
WADE ORDERED DISCHARGED
The bail on which Wade was released
from custody was. set by Judge Heb
bard at $4,000, after Judge Lawlor had
refused TO permit bail. Wednesday
Judge Hebbard ordered Charles Mont
gomery. Wade's bondsman, into court,
stating that he wished to investigate
the terms on which Montgomery had
furnished the surety Montgomery was
present yesterday morning, but the
he was not at any time addressed by
the court and his presence served only
as an excuse for bringing up the case.
While n c. West was arguing the
matter of restoration Of records In
Judge Lawlora court, his law partner,
Hugh O'Neill. appeared with the pris-
oner in Judge Hebbard's court and filed
a petition for a writ of habeas corpus,
stating that the District Attorney s
office had done nothing to restore the
records and that the, case was being
postponed without cause
Assistant District Attorney Harrison
denied that any laxity in urging the
case had been shown, and asked a rea-
sonable continuance. He pointed out
that the continuances in Judge Law
lor's court had been granted with the
consent of Attorney Samuel Shortridge,
who until a short time ago, appeared
West and ONeill had done all in their
power to hinder the proceedings in
Judge Lawlor's court and stop con-
.inuance in Judge Hebbardss-
You have no right 70 bring up here
anything that is going on in another
court for 1 cannot consider it, stated
Judge I4ebbard.
But # is due Department IL to see
If we cannot restore the records there"
persisted Harrison. Judge Hebbard in
terrupted him.
TERN. ACTION OUTRAGEOUS
Wade %stand up. Is there anybody
here who objects to having this man
from custody?"
Harrison entered another objection.
"Habeas corpus is a speedy remedy"
tory proceeding. There has been no
return in this court. There is nothing
here to hold this man on. Wade, you
may 60"
Judge Lawlor expressed his opinion
freely from the bench when Assistant
District Attorney OGara informed him
Of what had transpired and asked for
the Issuance of a bench warrant.
II am surprised" he stated. IF one
department of the court has assumed
a particular phase of a case for inves-
tigation another department should
certainly give consideration to that
fact and realize that the investigation
will be followed with due diligence.
From the present action II would ap-
pear that Department 4 is Indifferent
to the rights of the people"
Assistant District Attorney Harrison.
Assistant District Attorney Hanley, the
latter of whom has had charge of the
Wade case at the preliminary hearing,
and several others connected with the
stigmatized Judge Heb
bard's action as unwarranted and out
rageous.