Sacramento daily record-union., 1888-09-29
LOCAL INTELLIGENCE.
POLICE POT.POURRf.
Frank Swanson Again-Burchard's Bat
terry of His Wife,


terry of His Wife.
Frank Swanson a sort of ' Nan the Good
for Nothing" Of the masculine gender
whose presence in this city has been
almost constant source of annoyance to
many Of our citizens and the police, was
again before the city criminal Court yester.
day morning confronted by a charge Of
battery upon a 13-year-old boy by the
name of Thomas Maloney. The defend
ant, with supercilious smile upon his
countenance, listened to the reading of the
complaint, and promptly entered plea of
guilty. thereto. He was sentenced to paw a
fine Of g, or II default of payment thereof.
TO serve term of five days in the County
Jail. Swanson was convicted on the 18th
of September Of yagrancy, but as he
claimed he had a job at the brickyard down
the river sentence was not pronounced on
him and he was allowed to go on the un-
derstsnding that he would go to work and
keep away from the L-street dives. He has
made one or two trips on the river since
then but has spent SO much of his time
around his old haunts that the officers
brought him in again, aud yesterday Judge
Buckley sentenced him to thirty davs in
the County Jail. He made the same plea
that he has made dozen times before in
the same Court, to be given one more
chance, and the Judge said he would con-
suit with the Chief of Police about it.
frankie De Cole, lad of some Is wears
of age, was tried for petit larceny, in hay-
ing, while doing some minor part in the
play His Natural Life" presented by the
Nellie Boyd Dramatic Company in this
city OF Saturday evening last, purloined a
gold medal belonging to one of the actresses.
Officer Campbell and Chief Lee testified TO
having arrested the defendant, to his de-
nial Of any knowledge of the theft at first
and to his subsequent confession of having
given the medal to some one to keep for
him. The defendant, in his own behalf,
testified that he found the medal and that
he did not know who owned it. No owner
ship to the medal was proved, and the fact
that that important link in the chain of
circumstances being undiscoversble in the
proof presented, taken with his own state
ment that he did not know to whom the
medal belonged, forced the prosecution to
an acknowledgment that no case was
made out. The defendant was therefore
discharged.
John Robinson, who hailed from Davis
vile, on being called upon to answer to a
charge Of having been drunk, stated to the
Court that ne had been suffering from neu-
to Sacramento TO procure some medicine.
and, while looking for a drug store, by
some mysterious means got into a saloon,
and the medicine be was given there was
too much for him and knocked him out
instead of the neuralgia. He was per-
mitted to go.
William Burchard was found guilty of
battery upon his wife, this case, which was
tried Tuesday, having been taken under
advisement until yesterday. The defend
ant for this offense was fined $50, with
the usual alternative of imprisonment.
Burchard was also tried on Thursday and
found guilty of disturbing his wife's peace,
by threatening to give her cause to make q
complaint for battery. When he was
called up to receive his sentence Yesterday,
|. S. Brown, his attorney, moved the Court
for an arrest of Judgment on the ground
that the complaint had been sworn to by
Burchards wife and that she had been per-
mitted to testify against him, and that the
wife was not competent witness against the
husband, without his consent, in any case
except where personal violence was used
Judge Buckley oyerruled the motion, on
the ground that there was nothing in the
complaint TO show that the person making
1t was the wife OF defendant No objection
had been made as to the competency of the
testimony of the wife at the time her evi.
dence was given. Counsel then moved for
new trial, or the ground that the verdict
was contrary TO the law and evidence, and
long argument was had on this point
Judge Buckley finally took the matter un,
der consideration until to-day, as very
fine question of law is involved.
Joe Peters was fined SO for battery.
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