Telegram-herald., 1890-09-13
MUST Be EXPLICIT
Judge Eurlingame Rsverses i De
elaon of Juage Holmes
TEE COMPLAINT VAS DEFECIRE
JAraes Arasla senteaeea g. 80 Morth,
a. IeRsN Ter Aseei stas s.eleu feo-
eeEky S&ieoD- "A eeIsers ttnea
1hrex N~W 1iti4snk-

Yesterday afternoon Jaegs Bnrhne.
ame reversed ne deosloa Ia case sp-
pealed from tue police court Mrs.
Mary Janet VAS accused q swesfiag
and using indecent language OF TIE
sidewalk IN front Of her home Al 90
Henry-st. gudee Holmes hAd naea
her SO and costs Ia hls court, bat sht.
ca the adyloe of her attorney. nled a.
appeal.
Judge Holmes has always held and
has even gone 50 lar as - instruct the
clerk, forbldding h.m 10 insert any
language IA h.ll Of complaint that Was
IN any way indecent. lie took the
stand that i was unnecessary aud that
only reference should be made 70 il.
IN the case Of Mrs. Janet the complaint
read that she created disturbance by
swearing aud using language TOO ia
decent 20 be embodied Ia the COM
plant.
When the case came up before Judge
Burlingame yesterday. Mrs Jsuets
attorneys took a decided stand. The
jury Was sworn. and the first witness
was called They objected 70 the wit
mess taking the stand on the grounds
that the complaint was defective. They
argued that the exact language should
have been specified, and asked that
their client should be discharged.
Several legal opinions were cited, snd
Judge Burlingame concurred VITA
them.
Numerous cases have come before
Judge Holmes IN which ne has decided
IN the same way, and tins is the first
test that has been made. Mrs. Janet
and her attorneys were prepared 10
make a second appeal 10 the Supreme
Court IN case a decision was rendered
against them.
SIX MONTHS N IONA.
James Arnold Was brought into the
! superior court yesterday 10 answer 90
the charge Of breaking and entering a
factory IN the day time. There were
| three counts against hIm and he pleaded
guilty 10 receiving stolen goods and be
was sentenced 10 Elk months In tie
| Iona State House OF Correction. James
/ kehoe, who was ar ested Tor completely
IN the same burglary. changed las plea
TO guilty and sentence was suspended.
CHANGED THEIR MINDS.
John Doris and George Crowley
were tried some time aeo 10 the police
court on charge OF being drunk and
disorderiy on the corner ol West Leon
! ard and Turner-sts. Judge Holmes
i
/ butthey thought.the punishment rather
! harsh. IL consequence they appealed
| their case 10 the superior court. Yes
terday when their cases were called for
/ trial before that tribunal they changed
Their minds and pleaded guilty. Judge
/ Burlipgame imposed a ine OF s. aud
$50 costs ON Crowley, and $ and So. 65
costs on Doris.
UNLUCKY sALOONisTs.
Three saloon cases came up for trial
/ IN the Superior Court yesterday and q
each instance the defendants were
| fined. Frank Anderson and James =.
Daley charged with keeping their
/ places open after hours changed their
/ plea TO guilty and they were taxed
/ S33.G5 and $50 respectively. Walter N.
/ Hart, a bartender, was charged with
keeping the saloon n which Ice was en-.
/ plOycd open on Sunday. lis attorneys
made a motion 70 quash the nforma-
ton, bat it was denied. \ jgry found
him guilty and hls fine was $50 and
/ $ll.lO costs.
BRAND NEW CITIZENS.
Joseph Thiel. Conrad Miller and
Michael Nebel were admitted 10 citizen.
ship.