Sacramento daily record-union., 1888-11-27


Cases Disposed of.
There was large crowd in attendance at
the Police Court yesterday morning, and
the twelve cases on the calendar furnished
some entertainment. The cases of A. Car
dona and Joe Cardona, charged by James
Senate with obstruc,ing a sidewalk on
Third street by maintaining bootblack
stand, were set for hearing on Wednesday,
when they will be tried before a iurv.
Grove L. johnson appears for the defend
ants and Z. G. Hart for the prosecution,
and the trial is likely to prove very inter-
esting one.
When the case of H. Harding, charged
with obtaining money under false pre-
lenses, was called it was found that he had
left the city. The City Attorney stated
that an officer had gone to Oakland TO
bring the defendant back, and the case was
continued until tomorrow. The Court de-
cided not to forfeit the deposit, as the
money did not belong to the defendant at
the same time saying that the latter had
acted in bad faith.
George Fisher was tried on charge of
battery. Bertha Lander, a girl u years of
age, testified that Fisher caught her by the
hair and slapped her face five times. w.
f. Knox and Samuel Storms corroborated
her statement. The defense, represented
by Frank Estabrook, attempted to show
that on the day previous the girl had gone
to defendants house, where his wife was
i'll, and called her vile names and beat her
over the head with a broomstick. w. A.
Gett, who conduced the prosecution, stoutly
resisted the introduction of this testimony.
though admitting that Mrs. Fisher would
testify to it if she were present, and it was
excluded. The Court held that even this
provocation was not defense to the charge
of battery, and found the defendant guilty.
He was ordered to appear for sentence on
Monday next.
The charge of petit larceny against Waine
Burris was dismissed ON motion of G. T.
Jones, who represented the prosecution.
George Malusk was charged with battery
and disturbing the peace. The battery
charge was dismissed on account of the
disappearance of w. G. Williams, the prin-
cipal witness for the prosecution. An at
tachment was issued for the arrest of Will
Jams. Malusk was found guilty on the
charge of disturbing the peace. John Nc
Ginnis, who was arrested at the same time,
was found guilty of the same offense 1t
appeared from the evidence that the two
Young men got crazy drunk" as officer
Franks expressed it, and created disgrace
the lime house, ducked Chinaman in a
water trough and committed other depre-
dations. On account of the recommends
ton OF the officers the fines were made
light. Malusk was fined S. and McGinnis
asked that his sentence be postponed until
to-day.
Friday" alias ''Moosey." a half-witted
Chinsman, pleaded guilty to being a
vagrant.
Peter McGann was charged with being a
vagrant and pleaded not guilty. He wanted
the attendance of some witnesses and had
his case continued until to-day.
John Miller was tried on charge of
having stolen q boat from Nicholas Con-
nells. The complaining witness said that
he would not give two-bits for the boat, but
the & fIendsnt had taken the boat without
his Permission. He said he did not own
the boat, but that it had been left in his
charge by man who was dead. The de-
fendant claimed that he bought the boat
of Mr.. A. Schaden and paid him $12 so
for it. Mr. Schaden claimed that the boat
was transferred to him by Benjamin Leili-
bach, who died, he thought, about three
months ago, in payment of debt. Con-
nells produced paper purportlng to be
signed by Ben Leinbacn, authorizing him
TO take possession of the boat. He claimed
that Leinbach gave him the paper year
ago, but it was discovered that the paper
was dated November 8, 1888, some time
after Leinbach died. The defendant Miller
was discharged and the matter will be
further investigated 10 find out s'here Con-
nells got the paper and who the boat really
belongs to.
S. West pleaded guilty to being drunk,
but as it was his first offense he was al
lowed TO so.