The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-04-09
THE WAY OUT OF IT.

Judge Joachimsen Denounces the Gre
morne but Dism.sses the Case.
Under the law and the evidence l can do
nothing but dismiss these cases."
Thus spoke Police Judge Joachimsen yes
terday morning after hearing the testimony
for aud against the thirteen youths who
were arrested Thursday night while view
ing the immoral performances in Mailman
and Romans Cremorne dive.
When the cases were called Sergeant
Whitman and posse related the circumstances
of the raid aud the arrest OF the thirteen
boys for visiting the place and Ell Homan,
one Of the prOprietoTs, for selling liquors to
minors.
Each and every che Of the pale-faced
youths took the stand in turn. They swore
positively that their ages ranged from II 10
20 years. Here are spJ cimens Of their testi-
mOny:
Herman Mitchell, in answer 10 questions,
said very glbly that he was II years old.
'When were you born?" asked Prosecut-
Ing Attorney Stevens.
Don't know"
when is your birthday9"
Don't know"
Then how do you know you are IT years
old?"
"Cause my mother told me-"
Frank Whitford dep0sed that he was 10.
''In what year were YOU born|' was
asked
81 don't know"
"How do you know that YOU are 1927
because it is three years since | left
school,
How old were you when you left
sehooi?"
Frank counted the fingers OF his left hand
several times add muttered:
Seventeen"
evidently" said the public prosecutor,
''yol were not taught arithmetic; so you
now attend the Cremorne schOoI?"
The lad hung his head. blushed dee ply,
and answered, Yes"
Sergeant Whitman was recalled and said
he could not contradict the testimony of the
boys rs TO their ages The police had no
evidence to offer nu the subject
Prosecutor Stevens handed the complaint
and the statutes, under which Holman and
the boys had been arrested. to the Judge.
he said: 1T Is for your Honor to interpret
the law and tie evidence. You are better
lawyer than | am"
The complaint charged the lads with hav-
Ing visited place where liquor was sold
and charged UOman with selling LIQUOR 20
bows under the age of is.
Wien Attorneys Barnett and Conlan
asked for dismissal Of the charges against
the - youthful defendants, Judge Joachim
sen SAID, II can see no way out of it,"
~ our Honor has at least the right 20 ad-
minister caution in such very serious
matter, suggested MT. stevens.
IL should think" said Judge Joa him sen,
''the prOprietors Of the Cremorne should
use some discretion in letting youngsters
into their place."
They do" shouted the attorneys for the
defense In chorus. Conlan was on his feet
first and tried To explain that the proprietors
of the vile den had used every effort to ex-
clude boys.
We'll" interrupted the court, "public
morals must be looked into. 1t is bad
enough for grown people to 60 to such
| places, but the young folk should stay
away"
I'VE had Homan and Hallinan here"
said Mr.. Stevens, ION a charge of conduct
| ing an immoral show. We made out a per-
feet case against them, but they were not
convicted by the jury. II is the iuries that
! break the law"
The charge against Homan was then SUBJ
mitted on the evidence presented against
the boys. Attorney CoDlan asked tor q
| dismissal as there was no evidence to con-
| vict, and the molten was granted.