Morning journal and courier., 1880-03-18
News Dy Telegraph FROM ALL QUARTERS. Kearney's Appeal. A JURY TRIAL HIS NEXT
 CHOICE. The Piano Makers Lockout. Chinese Labor Proposed as a Sub-
 stitute. THE INVESTIGATIONS IN MAINE. Committee Reports Ready for the
 Assembly.
THE INVESTIGATIONS IN MAINE.
THE PACIFIC COAST.
California.

Kearney's Sentence-E4is Right or Ap-
 peaI-JurisdicIiOn of the COurts-A
 Jury Trial Eais Only HOpe-COurse of
 the CiLizens' ColmMietee-Yesterday
 Meetings on the sand Lots.
 SAN FRANCISCO, March 1.-The new con
 stitution gives Kearney the right of appealing
 to the Superior Court. The law affirming the
 transfer of cases from the county courts, etc.,
 diction in all cases wherein the County Court
 previous to the adoption of the new constitu-
 ton had jurisdiction among such cases, or an
 appeal from the Police Court. Under this
 law the Superior Courts do not have iurisdic-
 ton in this case. but Kearney can appeal only
 on questions of law such as whether the com-
 plaint was sufficient or if there was any de-
 feet in it. The appeal will be whether it stated the case of the complaint, whether the evidence produced on the trial below has proved the cause of action, or as to whether the judgment is in excess of the law. The appellate court in it's judgment can either af- firm or reverse the judgment of the Police Court. If it afirms that ends the matter; if it reverses the judgment, the case then goes back to the Police Court to be tried over again. In such a case the defendant night demand jury trial and would be enti- tied to it, notwithstanding the fact of his having waived that right at the first trial The sentence fell like bombshell into the workingmen's headquarters. Their idol had been shattered before their eyes and they had no opportunity to defend or vindicate him when the time for action came. s'Dennis will get out" said one sanguine speaker, Gas he had got out before" ''How can he get out unless we take him out?" Their hope is by a jury trial in the Police Court. The chief of police instead of the sheriff draws the panel from which the jurymen are to be selected. When the appeal is laid before the presiding judge of the Superior Court, that judge may a Superior Court judge who shall do so. A prominent lawyer, in conversation with an agent of the Associated Press to-day, stated that Barbour, Kearney's lawyer, gavs away the case when he did not appeal before sen tence was passed. The lawyer further stated that if Kearney was sent to the House of Cor rection Barbour ought to be sent with him. He had no business to give mp the jury in the first place. and dozen of us could have sworn to his speech. He would not agree to that though, and then he never made motion for 8 new trial until it was too late.
 The members of the committee will not talk about their conference with Kalloch, and evil dently the executive committee has been sus tained. The widest rumors grow out of the transaction, one running to the effect that Kalloch is to have the Democratic support for the United States Senate through the in- fuence of prominent members of the com mittee. The sand lot orators did not aIlude to the arrest of Kearney, and the rumor is started that they were captured by the nego- tiators of the committee. Having made issue squarely with the Kearney party for the first time there is a feeling of disappointment that it was not fought out on that line.
 Kearney says the operation of the law is unequal. Only short time ago & dis:in- guished citizen made a speech against dis ting euished journalist, accusing him of perjury and daring him to ask for specifications of the charge. When Mir. Pixley called for particu- lars of the accusation in language abusive, and incendiary MT. Gotham, with great abuse and maliciousness, announced that Pixley had sworn falsely in reply to the charge of libel. These instances of personal abuse are numerous and are by no means couched in delicate language. It is common then to hearSs Sssuch denunciations as he has made. MT. Spreckles, an eminent jour nalist, has published about 8 contempo- rary, "You lie, you villain, you lie" and so- ciety was not disorganized or brought to the verge of anarchy. Neither was the journalist tried for his offense. Consequently the law does not operate equally on all. His fine of s 1, ,000a imprisonment for six months were concessions to tnS uW6lISTS WHO desired to see the sons of toll punished for an offense that is committed with impunity by other classes of citizens. Kearney further said he should appeal from the decision of Judge Rix, as permitted by the oversight of his coun sel. Kearney does not seem depressed, and still repeats his litany, s'the Chinese must go."
 There is feeling of satisfaction in the community following the announcement that the citizens committee have not swerved from their proclamation to enforce the restora- tion of peace without any concession con ciIiation. Kearney's followers are at 8 loss to know what to do and their chief does not in- spire them with confidence to take any steps now. It is quite evident that Mayor Kal- loch's scheme to hold an election for fifteen freeholders to frame charter will be set aside, and there are appearances that articles of impeachment will be prepared against him for the use of incendiary language at recent meeting. There is no chance for lawlessness to again establish itself here while there are firm judges and an earnest committee of citi- zens.
 Gannon's case came up in the Police Court to- day. A jury was empanelled and the case continued until tomorrow.