Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-15
KEARNEY,s TRIAL.
Two Charges Heard In the San Francisco
Police Court.

Police Court.
Tsan Francisco Call, M..reh I4th.I
Denis Kearney, arrested upon two charges
of misdemeanor predicated upon language
used by him in making a speech to the
Tenth Ward Club, w. P. c., in Irish
American Hall on the night of the 9th inst,
was called for trial in the Police Court
yesterday afternoon at o'clock. The de-
PENDANT was present with Clitus Barbour,
his counsel, who, on behalf of his client,
pleaded not guilty to each charge, after
having waived the reading of the COM
jury. Ex-District Attorney D. J. Murphy
appeared as special counsel for the People,
and conducted the prosecution. The Court
room was crowded with citizens of all
classes, who listened to the trial with in
terest. 80 ia ~
The prosecution, in answer to a question
by Judge Xix, announced that it had
elected to try the accused first upon the
charge of having used profane language,
and then called Sands W. Foreman, assist
ant clerk of the Board of Supervisors, and
by his testimony proved the ordinance
under which the proceedings were insti-
tuted.
r. B. Miller, a police officer and the
prosecuting witness, was then called. and
after answering a few preliminary ques-
lions to establish the venue, said: "Was
in Irish-American Hall. Saw Kearney,
the defendant, there. Saw from 500 to
1000 other persons there. Heard Kearney
address these persons, and heard him say,
There is Claus Spreckels, the biggest
id thief who ever went unhung, and,
C. d him, ] am man enough to tell
him so to his face Kearney said this in
loud tone of voice, in violent manner,
and his remarks were received with tu-
multuous applause. There is person
named Claus Spreckels in this city. He is
the proprietor of a sugar refinery"
In answer to questions by Barbour on
cross examination, the witness said 81
was seated on window sill in the back
part of the hall, but could hear every word
the defendant said made note in short
hand characters on my fingers nails, as it
would have been unsafe to have taken
notes on paper. Made transcript on
sheet of paper, and on the following day
saw that two morning papers had reported
the words as l had taken them down.
destroyed my memorandum. AT the time
Kearney made use of the language com.
planned of he was
DENoUNCING THIEVES IN GENERAL,
And had in his hand copy of the circular
issued by the Citizens Protective Union,
and had been reading from it. He said
that Claus Spreckels belonged to the
Union. Spreckels was not there. The
language used by the defendant did not
create breach OF the peace, but think it
would had Spreckels been there. 1 did not
arrest Kearney at the time, as l was in
doubt as to my authority to do so then. l
was detailed by the Chief of Police to at
tend the meeting, but was not directed by
any one to make the complaint against the
defendant. suggested that one ought TO
be made. consulted with my superior
officer, and then swore to the complaints.
j. F.. Alexander, reporter, testified
that the language used by the accused at
the time and place referred to by the pre-
vious witness was, ''There is Claus
Spreckles, the biggest, dirtiest thief that
ever went unhung, and -- him, /
am man enough to tell him so to his face"
E. L. Bridges, surveyor, testified that
the language used was, SO Claus Spreekels
IS the d, dirtiest thief that ever went
unhung, and by G-,I am man enough
to tell him so.
With this testimony the prosecution
rested. ~ i-A'v'A4
After consultation with his client for
few moments, Mr.. Barbour said, 81 will
ask Mr.. kearney one question.
The defendent then took the witness
stand, and, after being sworn, said ION
the evening in question, in speaking of the
men who had been called upon, and who
had signed the roll of the Citizens Pro-
tective Committee 1 said, There is Claus
Spreckels, he is the biggest labor thief in
the State, and by C., | am man enough
to tell him so to his face. "
Mr.. Murphy You knew at the time
that Mr.. Spreckels was absent from the
city, that he was in the Sandwich Islands,
did you not?
Kearney-I knew that he was in the
city.
Mr.. Murphy-Then why did you not go
to his house, or his place of business, and
tell him so to his face?
Kearney-I may do so some of these
days.
THE Defense CLAIMS A DISCHARGE.
The defense rested and submitted the
case without argument. Counsel for the
defendant, however, claimed that under
the charge in the complaint and the proof
his client was entitled to his discharge, as
there was nothing in evidence to show that
breach of the peace had followed the Ian
guage used.s He claimed that the ordi-
nance charged more than one distinct Of
tense, and that one of these was clan
guage having a tendency to create a breach
of the peace, which charge the prosecU-
ton had failed to establish.
Mr.. Murphy eontended that the counsel
had placed wrong construction upon the
ordinance, and held that if the prosecution
proved either the use of profane language,
not addressedto theperson spoken of, or the
use of language having tendency to create
was sufficient for a conviction
Judge Xix said that he did not wish to
pass hastily upon the matter, but would
carefully examine the ordinance and rem
der decision tomorrow morning.
The second charge, that of having
threatened to commit a crime namely, the |
crime of murder upon the occurring of an
event, was then taken up, when counsel |
for defendant said that he would admit |
that the ordinance had been proven, that |
Kearney used the language charged in the
at the time and place and in the |
charged by the prosecution. Upon |
this admission the second case was sub
mitted also, without argument, and taken
until tomorrow morning. |
EXTRAORDINARY CASE OF MAGNETIC IN |
extraordinary and unprece-
dented case of violation has just been tried |