The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-05-13
POWER OF THE PULL.
How IL Has Kept Burglar James
Conway Ont Of Jail.
Curious Complication Of Records That
Shows That the Case Was and Was Not
Dismissed-Stiu Untried

Dul recently leTNllaIeu us utf4OuS Cdl6SL
IN Judge Troutt's court.
In tie early part of February. 1890,
. James Conway. who has a more or less ex-
tended acquaintance with the police, was
arrested on the charge of burglary and
housed as usual in the City Prison. Almost
before the entry of the arrest was dry there
appeared on the scene a private detective,
who by force of his eloquence persuaded the
amestiug officer that he had the wrong man
in custody; that Conway was respectable,
law-abidng citizen that only happened by
the mereSt mischance TO be in the neighbOr-
hood where the otfense was committed, and
HAD been mistaken for the real culprit. So
very earnest was the seductive detective
that the policeman was actually convinced
of an error and Conway was released from
custody.
AGAIN ARRESTED.
On tie very same night, or at least but
shortly afterward, Conway was again ar
rested by Officers Warnock and McAIahOn
and booked for burglary. This time the
offenSe was so glazing and the proof so
Overwhelming that the little game Of mis-
taken identity would not work, ana Con-
way had to answer for his imprudence be-
fore the Police Court
lAH n tAs atAtosC4 Ou btiG B8uiAAEs VI IGO-
ruary ., 1890. The case did not get d speedy
hearing. and the aTreSting officers openly
expressed their suspicious of the 'puIl."
II was continued and continued, and again
continued, but at last reached a hearing be-
fore the Police Judge in the latter part 0 f
ApTi. following.
The proof of the mans guilt was so COM
plete that his strong, able-bOdied pulp
quailed before 1t and snrank into mere
ghost M the presence OF the Court. He was
held TO answer before the Superior Court on
lhe charge Of burglary, and turned over to
the Sheriif's custody.
Mcmahon testified that on the morning
mentioned he WAS standing on the corner of
Sacramento street aud Prospect place, opp0-
site Mrs. MullrT's little corner grocery. BY
the 0lm ght OF street lamp some distance
away he saw three men standing near a
window Of Mrs. MulleT's store, and they
were behaving very SuSplcjouSly. be could
hear tHem tamperlug with the window and
soon heard it raised. In a moment more
TWO OF the men disappeared, aud the third
remained IN sight IN front or the entrance.
AT TIE POINT OF A PISTOL.
McAIahOn thought it about time to act, so
moved across the street TO where the third
man was keeping watch and asked him
what he was doing. ION. Just waiting for
a friend" replied The watch. Yes. | see"
said the officer NOW YOU want TO screw
iug the threatening remark with a drawn
pistol. The watch took the mint promptly
and He'd iu diSOrIeTly haste down the street.
This reduced tie party 10 two, but the
ol1icer thought to make sure Of his game he
would call for aid, so blew q violent blast
On his whistle and blOckaded the window
with lis person. The two Gagged burglars
took the alarm instantly and made q break
10 escape. but instead OF going to the
window where they entered, they found
side door, turned the key and rushed out
without particle or difncuttN. Iney ran
in opposite directions and Mcmahon started
IN pursuit OF the one who ran down Pros
poet place toward California street, bPlieV-
ing be could make better time down hill
than up, and stood better chance OF meet
another officer.
CAUGHT AND HANDCUFFED.
The chase was short and sharp. Nc
Mah0n Tpped and fell, and the pursued
was making distance on him. Regaining
sis feet he drew his pistol and fired. War
mock had heard his neghb0T'S call for aid
and was Fastening with all speed 90 the
place Almost the instant Mcmahon fred the
fleeing burglar ran plump into NarnOck'S
arms, and OF course the capture was COM
plete.
The instant the two men made their exit
from the grocery and saw they were SO
closely pursued by policeman the one Who
ran up lie street threw something over the
capture NarnOck and Mcmahon returned
90 search the premises, and found that the
article thrown by the captured mans pal
was Mrs. NUlleT's money till
The man captured was James Conway.
He had been caught IN the very act Of
burglary. When Waru6ck grabbed him and
snapped on pair Of handouts he legned
drunkenness; but as soon as the officer
scanned him more closely and recognized an
Old offender, or "0ld timer" as he remarked
TO Mem hon, Conway bTaced up and showed
no further signs of Overdrlnk.
NaIn0ck's testimony was substantially
the same. and Mrs. Muller identified her
missing TILL
To THE SUPERIOR COURT
This took the case into the Superior
Court and it was assigned to Department
Il. then presided over by Judge Van Reyne-
g0m.
The pull that bad lost so much yigor
in the presence Of the Police Court now be-
gan 10 recuperate, and by the early part of
June had put on enough courage to move
for a dismissal on the ground of insufficient
evidence to convict The Judge examined
the Police Court records and looked 10 in
amGZement to think that any lawyer in
the face OF such testimony should ask for a
dismissal and give such a reason. Without
any comment the motion was denied.
Contiuuances followed until the latter part
OF August when a demurrer was lnteTpOSed
TO the Information against Conway II. l.
h0walsky, COnWays attorney, argued the
case win great zeal, but Judge Van Reyne-
gom only shook his head the more firmly
ana overruled the demurrer.
The case came up for trial next on Octo-
Der 29th, but was continued, and it aid not
appear on the record again until January
10th OF the present year.
CHANGE OF ADMINISTRATION.
BY this time the administration Of the
court had changed hands, likewise the Dis
trict Attorneys Office and the County
Clerks Office Judge Trout presided over
the court, Walter Hinkle was the assistant
in that court under District Attorney Barnes
and George McCOmb was the courtroom
clerk as one Of Mr.. Blattuer's deputies.
Conway's case was continued until January
oath, again till February 9th, again till Feb
ruary 21st and again until February 18th,
always upon the pTeteXt Of not being able
10 ind witnesses or me like trivial excuse.
Finally it came up again on April 11th,
and, on the motion of the District Attorney,
Judge Trout dismissed it 'for want Of
evidence to convict"
This may seem like a queer proceeding in
view Of the fact that the Police Court testi-
mony was in the hands Of the District AttOr-
ney, also within reach OF the Judge, and
that the two officers who caught Conway in
the act Of burglary are still on the force and
could have been summoned into court ia
thirty minutes if needed. But the proceed
ings that followed eclipsed all prior acts for
OueeTness.
THE CLERKS PART.
Clerk McComb is a very spry boy, and
keeps his court record written up to date.
C0nWay's case had been fully entered and
lndeXed, so that the last number opposite
his name on the index would refer direct to
the page wherein was written the record of
dismissal.
1t is always customary when a case is
finally disposed Of to prepare Judgment
wnHf md q 10 ~
criminal records in the County Clerks
Office. It is rare, indeed, that the Judgment
roll is more than a few days later than the
final disposition of the case.
Inquiry at the County Clerks Office de-
veloped the curious fact that the papers
were missing. Further inquiry Of the court
room clerk failed to discover them The
search was extended into the District At