Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-05-29
LOCAL INTELLIGENCE.
THE GOLD BRICK swINDLERs' Gaze

the parties who are alleged to have swindled
one Joe Yum out of $500 at Truckee on the
22i of this month, by means of simulated
gold brick, came up for hearing before Su-
peCior Judge benson on Saturday. w. A.
Anderson, City Attorney, appeared for Chief
of Police Karcher, and made return TO the
writ, that the petitioners were held under a
warrant issued by the Police judge Of this
city.
l. S. Brown. attorney for the petitioners.
raised the points that the Court had no au-
thority to delegate his clerk to issue warrants
signed by the Police Judge in blank. That
there was ns deposition upon which wal
rant could properly issue. That under Sec
tion Sll of the Penal Code, warrant for q
felony oeuld only be Issued upon the written
dispositions Of the prosecutor or his witnesses.
That The warrant Issued has no date. and is
therefore void.
The City Attorney argued that when the
warrant had the proper signature Of the pre-
siding Judge that it was hiF warrant. and
that it is no abuse of power to have warrants
signed in blank in his office to be filed out
upon proper sworn complaint in the absence
of the Judge from his othce. That warrants
signed in blank are only used upon she com
plants drawn by or under the direction of
the City Attorney, and properly sworn to
according to law, whereupor the clerk
who IL authorized by law to admin
lister oaths, fills out the Judges warrants,
That in contemplation Of law the sworn
complaint serves the purpose of deposition
under Section 81 Il the Penal Code, and
informs the magistrate OF the fact that a
felony has been committed, whereupon the
warrant issues. That it was never intended
under that section Of the law to have two
separate examinations. That all the pur-
poses of the law are served when the magis-
trate Is sufficiently informed that felony
has been committed. That the failure OF the
clerk to date the warrant is matter that can
be corrected By order Of the Court, and Is
nota ground for discharge so long as there is
sworn complaint on file.
Judge benson then said that these cues
tions had been before him several times be-
fore. That the fact that the Judge of the
Police Court signed warrants in blank
was only matter Of convenience. That no
abuse OF that course had been brought to his
notice. That the warrant containing his
signature is his warrant, and not the act of
bis clerk or any other person. That the
clerk Is authorized by law to administer
oatns, and that any complaint, deposition or
am 1avit, sworn co before the clerk was and
Is proper, ard may be used to inform the
magistrate iSith regard TO the matters therein
contAineci that the affidavit, deposition or
~ Amt is simply TO inform the magistrate
80 her q crime has been committed, and
r<pon that he issues his warrant. The custom
OF having blank complaints, which are used
In place OF dispositions, is matter Of CON
Fenience, and cannot be said to prejudice any
of the rights of defendants. That it often
happens, when some person may desire to
have weu-known citizen arrested for some
crime, that the magistrate might want more
than the affidavit Of the complaint. and Sec
ton S1l of the Penal Code was intended
to authorize the taking of the dispositions of
the prosecutor and other witnesses, which the
magistrate might deem advisable before he
would issue his warrant, for the purpose of
fully satisfying his mind that crime had
been committed. There does not appear to
be any ground for the discharge of petitioners,
and they are therefore remanded TO the
custody Of the Chief Of Police of the city of
Sacramento.
POLICE CoMMIssIoNERs.-0n Saturday af-
ternoon the Board of Police Commissioners
met at the Office of the Chief of Police for
the purpose OF hearing the matter OF the
charges against policeman J. J. Carroll. The
charges were preferred by James H. Myers.
and alleged that Carroll a police officer Of
this city, willfully and uulawfully opened
sealed letter not addressed to himself, not be-
ing authorized to open the same by the
writer of the letter or by the person to whom
it was addressed. The prosecution was rep
resented by ID. Z. Alexander, and Grove L.
johnson appeared for the defense. The
prosecution proved all the facts alleged. The
defendant admitted that he opened the letter,
but claimed that Myers had bad character.
and that he was justified on that account.
Section 61S of the Penal Code of this State
is as follows: Every person who willfuly
opens, Or reads, causes to be read, any
sealed letter not addressed to himself, without
being authorized so to do, either by thewriter
OF such letter or by the person to whom it is
addressed, and every person who without the
like authority, publishes any of the contents
of any such letter, knowing the same to have
been unlawEully opened, is guilty of INSIDE
meanor." After hearing the argument the
Commissioners each separately stated his
opinion Of the case. Judge Henry stated he
thought the defendant technically guilty, but
thought he did not intend any wrong. Chief
Karcher stated that he did not think there
was even technical guilt. The act was
done, but no wrong was intended by the Off
Ger, and no one had been injured. II there
had been his vote would have been different
He did not think Carroll intended to do
wrong. Mayor Brown did not think Carroll
willfully did the act, aud thereupon each
msmber Of the Board voted that Carroll was
not guilty.
MERCHANDISE REPORT. - The following
freight passed Ogden on the oath instant
A. A. Van VOORHEES, & Co., cases and rolls
leather, boxes and case hardware; Water
house & Lester, 81 bundles and Ii crates
Spikes. 13l bundles fellies, 10 crates single
trees, crates neck yokes;J. McCanu, 2 boxes
tinware; Hallett & Say, sawmill frame, 4
boxes mill castings w. g. Mitchell, 2 boxes
household goods; Standard Oil Company,
207 cases coal oil DIR. E. A. Small, boxes
books, 2boxes pictures, box medicine, 2 boxes
clothing, l sewing machine, l barrel house.
hold goods c. 2. +. R., barrels and box
lamps, 81 bundles car springs; Armington,
Mills & Morse, boxes shoes: Hale Bros
4 Co., 2 cases shirts; Whittier, Fuller Co,
l box molding Lindley & Co, 2 cases cigars;
Locke Il Lavenson, roll carpet; G. A. d.
Gray, l case cigars /; A. Dsnnery & Co., 2
barrels glass tumblers, 3 boxes, 3 barrels and
8 casks metal lamps Aiken & Fish, 3 pieces
marble Holman, Stanton & Co., box hard
ware Elmer Bros, 2 barrels liquor; George
W. Chesley & Co., 80 boxes glass faeks
Msbius & Co., $50 kegs 10 cases. Is barrels
and 10 half barrels molasses Huntington,
Hopkins & Co, IS boxes shoe backing, 14O
boxes horse nails, 6 cases and box hard
ware, box saws. 616 pieces carriage axles,
1873 buadles and 66 bars steel, AL bundles
iron, 80 kegs nails, IA boxes and 2 packages
axes, IA bundles forks.
INQUEST AND FUNERAL.-On Saturday
coroner a. d. uDOn
the body of G. W. Rapp, who committed
suicide on Friday, as mentioned in Saturdays
RECORD UNION. The testimony ELECTED was
substantially the same as the facts already
stated by us, and the jury rendered a verdict
tina. deceased committed suicide. The jury
was composed of the following named gentle
men: Joseph Mellen, NJ. Dusenberry, Tnos.
Kirkpatrick, d. Csppola, b. B. Bell. A. Q
Gardner, Nelson Wilcox, John Douglass, S.
Z Greenwood, William Mitchell. Iester-
Gvy the deceased was buried from his late
residence, Tenth street, between X and l.,
and his remains were followed to the grave
by large procession of friends. Siuce Mr..
Rapp's death. the firm of which he was
member has been attached for about $4,000.
AUCTION SALE-Sherburn & Smith will
sell by auction tomorrow, at 1870 A, NJ, at
523 K street. the stock in the store of the late
A. Hillebrand, being calfskins, Howe sewing
machines, boot leg turner's, boot-trees, split
ting machines. sole-leather rollers crlmp
breakers, grindstones, benches, lasts, and
lot of tools OF the shoemsking trade. Also
lot of household furniture, including nine
bedsteads, spring and top mattresses, bureaus,
wristbands, tables, stove wood, etc.
AUCTION OF REAL EsTATE-Sherb1rn &
Smith will sell by auction on Thursday at
ia NJ, on the premises, the east half OF the
south half of lot l. and all OF lot 2, q and
II Sixth an Seventh streets, with six houses
thereon and also the south quarter OF lots
and 4, c and D, Tenth aud Eleventh
streets. Terms and conditions at the sale.
ORCHARD SALE.-Leweling's orchard Ala.
media county. is to be sold st auction at IL
street, San Francisco. by Cobb, Bovee 4 Go.