The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1880-04-03
Dennis Kearney.

AT last this arch-agitator and disturber of San
Francisco peace has been arrested. We copy
from the Chronicle of the 18th.
AT 8 O'Clock yesterday morning officer Donuel-
ly, armed with two complaints charging Dennis
hearney with misdemeanor, went to the latter's
residence on Cough street for the purpose of serv-
ing them. The officers knock was answered by
Kearney personally. On the way TO the City
Prison the officer and his prisoner was followed
by a crowd of sand-lOtters, but beyond a general
muttering of threats no attempt was made to take
their leader away from his custodian. The COM
plants upon which the warrants for Kearney's
arrest was issued were sworn to by officer r. b.
Miller on the 10th instant, and the reason they
were not served until yesterday were that he
could not be found Wednesday, although search
was made for him in his usual haunts. The fol-
lowing is the language Of the first complaint and
the facts alleged
The compliments, police officer r. B. Miller,
alleges that the accused, on the 9th day of March,
did ~unlawfully utter and address to others, to wit,
to a large number of persons then and there as
sembled, to wit, one hundred and more persons
whose names are unknown to deponent. certain
prOfane words and language, which words and
language then and there had a tendency to create
a breach OF the peace, which words then and
there uttered by said Dennis Kearney were the
words and language following, or the words and
language to the same effect There is Claus
Spreckels, the biggest thief who ever went I'M
hung, and -- him. | am man enough
to tell him so to his face thereby violating the
provisions of Section %, Chapter Ill, Order No.
697 of said Board of Supervisors of said city and
county of San Francisco, as amended by Order
No. ll96.
The second complaint, hearing date of March
10th, and sworn by the same officer, reads
That on the 9th of this month the SAID Dennis
Kearney did unlawfully utter and address to a
large number of persons, threatening to commit
the crime of murder by feloniously and of malice
aforethought saying that in the event that he
dennis Kearney) should hear of any man plot
ting to kill him, said Dennis Kearney would kill
him, the language used being 20 this effect "I
tell you right here that if l hear of any man plot
ting to kill me, by Cd l shall kill him, so help
Cd ~ thereby violating the provision Of Section
So, Chapter Ill, Order No. 697 of the Board of
Supervisors, as amended by Order No. l4I2.
The trial was full and exhaustive, the charges
were held fully proven: In passing sentence,
Judge Rix said that Kearney might think it a
on the trial of this case. He might not think it
dangerous to the public safety, or tending to dis
turb the peace and quiet of the community. He
might even think IL a Constitutional privilege to
get up IN public and say the things that he said.
Others, however, must say that the person so do
ing does not understand the true intent of our
Government, our laws and our institutions. and
that be who does so is unworthy to live in an en-
lightened community. The sentence in this case
would show what was the opinion of the Court as
10 the magnitude OF the OHenSe. Inc sentence
was that Dennis Kearney be fined 81 ZOO and
that he also be imprisoned in the House of Cor
rection for the period of six months. There was
great applause in the courtroom when the SEN
tence was announced, but it was speedily checked
by the bailiff.
Clitus Barbour, for Kearney, made a motion
in arrest of Judgment, and for a new trial, but
was informed that it should have been made be-
fore sentence was pronounced.
Kearney was then taken below to the City
Prison.
The sentence is the extreme penalty of the law
in the case of the offense of which he was coDVic-
ted yesterday.
KEARNEYs APPEAL TO THE SUPERIOR COURT.
Kearney subsequently gave notice of appeal
to the Superior Court, and he was released on
So 900 bail, with NJ. j. Kelly, 233 Fell street,
end j. F. Gibbon, 923 Pine street, as s~urcties.
By the action of Kearney's counsel in not ap-
pealing from the Judgment of the court before
sentence, and making a demand for a new trial,
the opportunity for a new trial was lost. 1t is
represented that the present appeal can only
effect the magnitude of the sentence.