Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-10-20
LOCAL INTELLTGBNCE.
The Hansche Cnse.

Judge Mctariand, IN Department Two
Of the Superior Court, rendered the follow
ing decision yesterday in the case of Louis
Hanscle, on appeal from the Police Court
IN which, some months ago, he was found
guilty of yagrancy and sentenced to eighty
days in the county jail:
The question whether or not common
repute that house is q house of ill-fame
Is admissible as evidence in a prosecution
for vagrancy, under Section 6f7 of the
Penal Code, has never been decided by the
supreme Court of CalitOrnia-at least no
decision Of the point by that Court has
been cited or found. The decisions on the
question in other States are undoubtedly
conflicting. They were nearly all given in
cases OF prosecution for nuisances or nm
der particular statutes against "Keeping a
disorderly house, - * eeping q house of III
fame reSOrtec to for purposes OF prostitU-
ton, etc, in which the peculiar language
used was important. The case Of The Com
monwealth rs. Stewart 1st Sargent 4
hawle p. 5i2] IS generally cited as a lead
ing case against the admiss ibilitv of sucb
evidence. But it can hardly be Considered
as an authority strictly in point. All that
was held III that case was that in a prose-
cuuon Tor keeping noisy and disorderlv
mouse, II was not proper to ask of a wit
ness whether the neighbors did not cen
orally complain of these disturbances -
And there was a divided Court. However
IN State vs.. Boardman Oath Maine, .. 523}.
1t Is undoubtedly squarely held that in a
prosecution Tor keeplnga house of ill-fame
evidence of the reputation of the house is
not admissible. And there are some other
cases 70 the same effect But. on the other
hand, there is 4 stronger line of American
authorities holding clearly and directly
that III such cases the evidence of the
reputation Of the house is admissible.
Among other cases so holding are the fol-
lowing State vs.. Mcdowell, Dudley. 5.
{. 3iGG State vs.. Hand, 9th Iowa. Clark
4llG Morris rs. State, (3Sth Texas. G03l;
state vs.. Burnett, Goth Wis. 1857 State VS..
Main, t31st Conn, 575l.
/ think that the reasoning of the cases
which support the admisSibility of the evil
dence is better than that Of the cases which
hold the opposite doctrine. The latter
cases seem to me to be inconsistent in this
That while they exclude evidence of the
reputation Of the house, they all invariably
admit evidence of the reputation of the
people who inhabit or frequent the house.
Is not this practically and in principle
allowing the very thing which they say
ought not to be allowed If the one is OBJ
Jecuonable on the ground of hearsav." Is
not the other? The Judge who decided
the South Carolina case above cited, at the
close OF his very satisfactory opinion, after
alludlng to the notoriety of such q house as
It's worst feature, uses the following very
pertinent remarks a think. too, a de-
cent regard to good morals should ALWAYS
be had in the requisition and abduction of
evidence in Court of justice. Every cor
ruptng tact that can be suppressed by gen
eral proof should be excluded. The proof
here ~
proof can be. Why should more be re-
qmred? In my judgment there was no
error IN admitting evidence of the general
reputation of the house in and about
which II IS claimed that defendant lived. "
from the statement on appeal it appears
that the case at bar was very loosely tried
IN the Court below. If there are no errors
when make new trial necessary, that re-
suit Is the consequence more Of accident
than OF care. The complaint is about as
bad as II could be without being fatally
defective. l think, however, the Judgment
should be affirmed
Judge Van Fleet concurred in the decis-
ION, Is follows: This case being in nv
Department of the Court on appeal. and
having been submitted to judge Mcfarland
IN my absence, | have ut his request care
iuliy examined the points presented by
appellant IN the record, and the authorities
IN relation thereto, and ! fully coincide in
the views and conclusion expressed by
Judge Mcfarland"
Hansche Is supposed TO be now in San
francisco, he having given bail pending
appeal When the remittitur from the
Superior Court has been received at the Po-
lice Court warrant will doubtless issue
Tor his arrest, and he will be brought back
here to serve his term of sentence.
POLICE CoURT.--In the Police Court yes
terday Barbara Hemphin, previously con-
victed Of disturbing the peace, was fined
s. Sod Rand was convicted of dis
turbing the peace of John SHELTON. and
Will receive sentence to-day. The case of
All Can, charged with an assault with a
deadly weapon upon Deputy Constable
george Gardner, Waterman at the Chinese
theather-hltting him with pistol and
assisting others in an assault upon him
few nights ago-went over until the 23d
Kate Thompson, charged with exhibiting,
forfeited her deposit. There was another
charge against her-that of petit larceny in
Stealng $50 from man who visited her
house-and it was set for hearing to- NOR
row.....John Vantine, a hackmaD. an
peared 90 respond on charge of petit lar
ceny, IN charging stranger $50 for a hack
ride on the Riverside last SUNDAY. The
luAtltE appeared 10 nave DetQ settled out OF
Court, however, as the complaining party
left for his home in Winnemucca Sunday
evening, and the case was dismissed ....
Frank Halen, arrested for having been
drunk, was fined s., which be cheerfully
paid, Temarking, why that's Light He
probably knew more about the style of the
drunk than the Judge did......T. Fairchild's
case of grand larceny went over until the
23d.
LAND PATENTS. - The following land
patents were yesterday made out in the
Office Of the Surveyors General: Jabez Will
son. San Luis Obispo county 50 acres: b.
f. Doty, San Luis Obispo county. $40 acres;
John II. Mitchell, Placer county. so acres
Lewis Garsey, Mendocino county, $40
acres Isaac Fuller, Humboldt county. 100
acres; Frederick Cox, San Luis 0bispo
county, $40 acres James NJ. Waller, Lake
county, 100 acres.
J. B. WHITE, the grocer and provision
dealer at 722 K street, has always in stock
fine line of goods which are sold at the
lowest prices. Those who cannot find it
convenient TO call will find it 10 their adj
vantage to send for price list.
TO-DAY we shall offer the balance of those
fine corsets that were on sale yesterday.
The quantity being large the sizes are
nearly complete. Prices, IS, 65 and 20
cents. Red House.