The record-union., 1893-05-25
FI22. BANG.
SeIIinger's Case Against Schnerr for
Using Napa Soda Bottles,
Schnerr Uses Fighting Language To-
ward Attorney Devlin in
the Courtroom.

In Justice Henry's court yesterday
soda water created quite fizz. The oc
casion was the trial of c. Schnerr on the
complaint of Charles Sellinger, who is
the agent in this city for Jackson's Napa
soda water
Sellinger claims that Schnerr has been
filling the Jackson soda water bottles
with soda water of his own manufact-
ure and selling it for Napa soda.
R. I. Devlin represented Sellinger,
being assisted by Deputy Attorney Cen
eral Charles II. Jackson, the son Of United
States Sub-Treasurer Jackson of San
Francisco, who owns the Napa soda
springs, and Albert Nj. johnson appeared
for Schnerr.
When the case was called Johnson
asked the Justice for continuance OF it,
stating that an important witness was alb
sent in Sonoma County, by whom he
expected TO prove that Schnerr came
into possession OF the Napa soda bottles
innocenuy which had been seized by
Constable Brissel under his search war
rant. Schnerr. he said, had no desire 10
! go TO trial if the matter could be other
wise satisfactorily arranged.
The request for continuance was
strongly opposed by Dovlin, who was
willing to admit the witness evidence,
but wished 10 have the case decided, as it
was proposed to proceed against others
for using the Jackson bottles.
Mr.. johnson stated that the action is
the result of a row between the parties,
and continuance would injure no one,
I but Devlin still opposed the request, and
said that witnesses had come from San
Francisco and he wished it decided.
n / Jon i
+ case would be settled without coming TO
trial, as Seilinger wished to be protected
and Scnnerr did not intend to infringe on
/ his rights. lie thought it could be so set
tied, but Devlin said il could not, so far
as the prosecution was concerned, and he
wished the trial to proceed. There was
no legal showing for continuance.
Mr.. Johnson still pleaded that his client
coulG not be ready at this time, but the
Justice denied the motion on the ground
! that the defendant had made no legal
! showing, and also on account OF the wit
nesses from San Francisco.
Mr.. Johnson then demanded a jury
trial, and Mr.. DeVlin asked that the Jury
/ trial go on Immediately, as Sellinger had
/ to go to Nevada City for a week or two.
! Justice Henry said that was not possi-
I bic, but the case could 90 over till Sell
/ linger'S return, but MIR. Bevliu was op-
posed to it, and was anxIous to 60 on
right away. lie claimed that Schnerr had
been using the bottles for long time and
/ Mr.. Jackson wanted him punished. He
said that Schnerr had been filling the bot
ties which some mixture Of water, car
bonic acid and some drug and selling it
for Napa soda.
! Schnerr became very wrOth, and in his
I excitement forgot where he was at, and
| called Devlin a liar. The Justice. how
ever, reminded him that he would be
fined for contempt of court. if he did not
keep quiet, and said he hoped Mr.. Dew
| lin would take no notice of the remark
Mr.. Devlin took no notice, but pro-
ceeded to outline his case.
Mr.. Johnson promised, if the case were
continued, that pending the trial Schnerr
would not have anything to do with the
| Napa soda bottles, and Justice Henry
consented finally to continue the trial till
June Sd, ordering Constable Brissel to
visit Schnerr's place daily and see that
he complied with the stipulation made by
his attorney with regard to the bottles.
Attorney Johnson then stated that he
would notify Justice Henry to-day
whether lie would insist on jury trial or
| not.
Schnerr is also an agent for Jackson's
| Napa soda, but Selliuger claims that it
is only for the pint and quart bottles.
and that his agency is only for territory
| outside of Sacramento, while Schnerr
asserts that he is agent for those sized
bottles here also.