The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-02-26
CAVANAUGH Is FREE.
Judge Rix Finds No Reason to
Hold Him for Killing May.

Police Judge Rix delivered q lengthy
opinion yesterday morning in the case Of
Officer J. B. Cavanaugh, charged with man
slaughter for shooting and killing John &.
May, brewery employe, at an early hour
Oh the 18th inst. In announcing his decision
the Court said:
III this case the defendant is charged with the
crime of manslaughter. The testimony goes to
show that lie was Il police officer VINO was de-
Iailed TO 20 on duIy ar II midnight. 70 the
beat assigned him n mat lime. Prior 10 going
on duly lie defendant. with other officers, had
been charged by their superior 10 be yIgiant, as
tie Observation-Disclosures TO Webster and
Waller TO Suffer streets-had been the scene OF
many buEglareS. and the residents were III
state OF far. The defendant went On duty WIN
the termination TO be Hatcbful ana fearless
and 10 obey tie instructions h. had received.
There Is no claim whatever that the defendant
shot tile deceased Intentionally, and tie only
question 10 this case Is whether he IS guilty. OF
criminal negligence. II such is tie case he
should be held to answer Just the same q II he
had Intentionally committed the act. The entire
matter can be classed rs an unfortunate affair.
The officer noticed the deceased and his COM
pauIons emerge from doorway ana start 10 run.
He started 10 chase one OF them, but nnding be
could not Ovettake hun. pursued one OF The
others. calling or him 10 halt III e command
was not obeyed
A pistol shot 10 the air failed to stop him. and
q second shot killed him. / am Inclined TO be-
llvye that tile defendant tells true story when
be says he did not take aim at the neelng man,
but that be held bis pistol al an angle. The ball
might have been detected by Sticking the pave
meBt and entered tile body. Such cases Lave
happened before. The officer had been instructed
10 be igl nj iu the discharge Of his duties, and
his vigilance is shown by lilo sad affair. he was
on a mission OF waJchfulness in the neigb0rhood
of peaceful citizens, and the actions OF the men
justified the belief OF the officer that they were
doing something wrong.
must say, however, that there Is no evidence
whatever TO show That May was a criminal, and
am satisfied that he was not one. III there IS any
sympathy TO lie expressed 1t must not be demon
s;rated here. The deceased and his companions
fed ON The approach OF the officer. as they did mol
desire 10 be arrested for a msdemeanor arising
from the violation of an ordinance that prohibits
The placing Of cards or bills IN certain places,
but the committing OF mlsdemednor does MOI
justify an ollceT 10 drawing his pistol and shoot
ing. If ne does shoot, lie ought to know his DO
siiion well.
But q. police officer given such instructions as
The defendant was, and then sent into nelgb0or
hood where burglages have been committed, j,
placed in a peculiar position considering whaI
has been impaired to him before lie goes OF
duty. Not only that but lie is in dangerous
position, for when crime Is being committed
criminals do not hesitate TO strike blow at al
officer. Whatever decision | may arrive at IL
This case must not be considered bar 10 future
proceedings Tie defendant eau be rearTested
and the testimony beard before another magis
trate. but when l consider The testimony given
In this case II shows the defendant has been
careful, prudent and painstaklng officer
! am satisfied that lie did not shoot intention
ally and that he is not guilty OF criminal negli
gence, and concluding / would say that | DC
not believe that If The defendant came before !
Jury Of his own cOuntiymen they would convict
him. He had every reason 10 believe hat
crime had been committed aud that the criminal.
were fleeing from the scene Of their operation.
on observing lin approach. The defendant il
discharged.
Cavanaugh was warmly congratulated BY
his brother officers over the result. His re.
instatement on the force rests with the
Police Commissioners.