The morning call., 1891-09-05
ACROSS THE BAY.
Perrie II. Maxwell Discharged
From Custody.
Speedy Granting of Divorce Waterfront
Property Mortgaged = Promise Of
Another Cable Road

IL was no great surprise to any but the
prosecution that Police Judge Ogden yes
terday dismissed the charge against Perrie
ii. Maxwell. accused of the homicide OF r.
S. Colqin as an accessory before the fact.
But the Grand Jury will meet to-day, and it
is not unlikely that the case will be resub-
mitied to that body. In dismissiug the case
the Judge read quite long opinion, and the
following outlines from the same are suffi-
cient to give the views of the magistrate:
Thus we have evidence in this case of the hard
feelings existing on the part of Howell against
GOWN, Dut no evidence whatever OF any un-
friendllneSs between Maxwell and COlyin. IL is
consistent theory, therefore, that this defend
ant was the person aiding Howell In entrapping
GOWN IN position where lie could be pun
iShed, by The proper authorities or by legal
methods. Another reason why harsler con-
stTuctlon should not be placed upon this letter Is
the Tact that AT the time OF Colvln's death this
letter was In his possession. Rather would IL
seem lhat This defendant was playing double
game, assuming TO Howell 10 aid him in entrap-
ping Colvin, and then furnishing Colvin With
the facts That lie had promised Howell such
proof that this defendant eonspired with Howell
10 kill Colvn, or that tile killing OF C0yln by
Howell was In lurtleranee OF any such agree
meni, unless the prosecution claim that tie mere
fact that Maxwell was present when Colvin was
shot was sutieient 10 prove such agreement.
But mere presence of defendant While third
party was being killed by person having COM
mon cause with defendant against the party
killed does not necessarily impart common
criminal intent.
Before closing would call attention to the
memorandum dated July 10Th, containing these
clauses: Chair comes up 10 Inches above win
dOw-sl. Window sill standing about 10 inches
above my knee End Of desk is 51a feet from
east wall" No evidence was introduced in this
case tending 10 any way TO identity the oihce OF
the deceased with he location described In this
memorandum. and while am OF the opinion that
there are number OF suspicious circumstances
In this case, yet conviction OF murder cannot
be mad upon suspicious circumstances alone.
Taxing mo consideration the TACT That Maxwell
was present on the night OF the shooting by the
invitation OF the deceasedi the fact that 1t was
not necessary for the purpose OF carrying out The
purpose OF any assumed conspiracy that Max
well should have been present; The fact that
there existed Oh the part OF Maxwell absolutely
no motive for the killing of Coyn; the fact that
by the whispered conversation OF Maxwell and
deceased upon the stairs. no tragic result OF this
Interview seemed to be apprehended by Maxwell,
] am OF the opinion that verdict of guilty pre-
dicaled upon the testimony given in this case
could not be supported. Therefore tile defendant
should be discharged and II Is so ordered.
The defendant and his wife remained
seated, conversing few minutes with his
attorneys at the conclusion OF the reading
of the decision, and then, after receiving the
congratulations of friends, quietly left the
City Hail. Maxwell had been in cOnfne-
ment thirty days, having been arrested on
the 5th OIL August.
QUICK WORK IN A DIVORCE CASE.
Georgia A. Brown filed complaint on
Tuesday for divorce from George o.
Brown. The summons was served OF the
next day, and on the following Brown put
in frivolous answer, which was stricken
out on the same day, and the case was re-
ferred to the Court Commissioner. The tss-
timony was taken Immediately and the re-
port of the commissioner was sent back to
the court just before o'clock on Thursday.
The divorce was then granted on the ground
of extreme cruelty and she was awarded the
custody of the two minor children and given
S75 month alimony.
Judge Henshaw remanded Mrs. A. Wood.
alias Jane Doe Schwartz, to the custody OF
Sheriff Hussey and discharged the writ OF
habeas corpus issued in her behalf. Her
attorney was not posted, evidently, as to
the law,
The furniture of the Winters Hotel was
sold for $500 to John Ludeman by Sheriff
Hussey, as assignee Of Jacob Widmar, an
insolyent.
A MORTGAGE FOR $4,000
A mortgage in the sun OF $4,000 has
been given by Z. c. Sessions to ii. w. Car
pentier OF New York on property on the
Oakland water front, between Fifth and
Ninth avenues, east of the north arm Of the
estuary. The same land is decided to Ses-
sions by Carpenter and Maria Hall. Ses-
siOns is building canal and expects to put
up warehouses and other Improvements.
The ladies of Appomattox Corps, No. 5,
W. r. C., gave two very successful enter
tainments last evening and the evening be-
fore in Cavalry Hall. The title of the en-
tertanments was Looking Backward" and
the subjects were tableaux and recitatiOns
from past events.
A petition is in circulation, to be pre-
sented to the Board of Supervisors of Ala
media County, for the building Of 4 stone
pier bridge over Temescal Creek ut Grove
and Forty seventh streets.
ANOTHER CABLE ROAD.
A petition is in circulation asking the
City Council 10 grant franchise to the
Southern Pacific Company for a cable on
Seventh street. 1t is not known who the
parties are interested in circulating the petit
ton, but Ii is not believed toibe any of the
railroad people, but rather as an opposition
to the sub-surface proposition.
Joseph B. Crockett yesterday applied for
letters on the estate of Mrs. Caroline II.
Crockett, who died intestate In May. The
estate is in Alameda and San Francisco
counties, and its character is not entirely
known to petitioner, who is a son, but it is
believed not to exceed the value of $4,000.
The question of title to the border of
Lake Merritt, said to be vested in the Water
Front Company. owing to the failure to have
deed recorded, has been settled and new
deed will be given to the city by the Water
Front Company.
The pleasant weather brought out a large
attendance last evening at the open-aIr con-
cert in the City Hall Park.