The record-union., 1891-04-25
CONVICTED AT LAST.
A Successful Prosecution Under the
New Vagrancy Law.
Sam Jackson Could Not Convince a
Jury that He Was Not a Low
Character and a Vagrant.

1t is now evident, since the vagrant law
was amended by the recent Legislature,
that the police authorities will stand some
chance of convicting the L-street loafers,
who live off the earnings of women who
have lost all sense of shame. Heretofore
all that was necessary for these idlers to
do, in order to escape punishment for
Vagrancy, was to work an hour or so
every ten days, or sweep out saloon
once week, but this will be considered
no defense nowadays.
Sam Jackson, a strapping colored man
who makes lower l. street his headquar-
ters, and who has been arrested several
times on charges OF vagrancy, but es-
capped conviction, was arraigned before a
jury yesterday in the Police Court, on q
charge of being an idle and dissolute per-
son, an associate of known thieves, and
therefore subject to arrest as a vagrant
The jury selected were: l.. Dwyer, George
! Schroth, s. w. Butler, j. S. Gattmann,
| Thomas Lynn, Jos. O.. Genshlea, J. Law
| enson, Charles T. Barton, j. NJ. Hender-
son, Charles Heckele, L. Arker, Charles
| Hotekel and l.. SCHNEIDER.
| During the impaneling of the jury City
Attorney Hart and attorney Estabrook
engaged in a wordy wrangle over the
| question as to whether or not the defense
was required to produce preponderance
of evidence on their part, to accomplish
an acquittal. Mr.. Estabrook held that
the defense did not have to do SO, as they
were entitled to the benefit of the doubt.
| Mr. Hart claimed that the defense, in
| order to make reasonable doubt in the
! case, had to produce q preponderance
of evidence, and he asserted so vigorous
| ly. After a somewhat heated exchange of
words, the subject was finally dropped.
THE TESTIMONY.
Ex-officer Franks was the first witness
sworn. He said he knew Jackson and
| did not know that he had ever done q
/ stroke OF work in the last two years. He
was in the habit of associating with ex-
eonvicts in Peter Rossi's saloon and the
| "Old Corner" and had lived with col
ored prostitute on L street, between Sec
ond and Third. 1t was the usual thing
for him to wander from one saloon to
another during the entire night. He had
no business.
officer Lowell sWore that since he had
been on night-watch ON beat No. 2 he had
seen Jackson almost every night on l.
street. He never appeared to have any
work to do and he associated with ex-
convicts Kelley, Smith and several
others.
! A recess was taken till 1:30 P. NJ.
At the afternoon session of the court
/ special officer Mclaughlin was called to
/ the stand His beat embraces l. street
! from Second to Fourth, and also X street
| He swore that IN the past year he had
never seen Jackson do days work. He
! was in the habit of hanging around Peter
/ Rossi's place, and spent the greater por-
| tion of his time in playing cards.
Officer Simmons swore that while he
! was ON the I-street beat he met Jackson
regularly, both in the day and night
| time.
"HE WAS SUPERIOR TO NIGGERs.''
Johnson, a colored man, said he never
| knew Jackson to work He always
| boasted that ''he was superior to niggers,
| and didn't have to work" Although he
| did not see the defendant at all hours of
| the day and night, he considered that an
1 honest man would not try to hide while
| working.
Officer Gibson, Charles Yates and Lizzie
| Belmont also gave testimony for the pros
| ecuton. The latter stated that she never
I knew the defendant to be engaged in any
! lawful business during the past three
months. She assisted him financially
| several times, but of late had refused him
! The defense endeavored to show that
| Jackson's ancestors were California In
dians, and therefore not amenable to the
vagrancy law, but the attempt was weak
and resulted in failure.
One witness swore that the defendant
| had asked for work at bootblack stand,
| but Immediately afterward Jackson was
| called to testify, and he admitted that he
did very little work during the past year
| The jury were out about five minutes
and returned with verdict of guilty.