The morning call., 1894-06-28
RUSHED To CERTAIN DEATH.
bailiff Curtis and NeeIy Murphy
WreStled With Him.
JUDGE WALLACE WAS REFEREE
Whether Feigned or Real His Fit
of Insanity Gave Rise to an
Exciting Scene.

An extraordinary scene was enacted in
| Judge Wallace's court yesterday morning.
in which a criminal offender made matters
extremely lively for a few minutes, giving
| the bailiff and cterk an opportunity to dis
play their pugiIistic science.
| 1t was the day set for the trial of Charles
A. Rush for an assault with Intent ia
commit murder. Rush Is an engineer,
| hailing from Oregon, and claims to have
been ensnared by the wiles of Miss Kate
| Cullinan, a young lady residing on Stock
| ton street, with an office in the Flood
building. Miss Cullinan is attractive and
young, and the story goes, according tO
Rush, that she induced him to embark in
some enterprise and succeeded in getting
some money out of him.
Anyway, matters culminated In Rush
paying visit to Miss Cullinan's residence
on Stockton street one night a few months
ago. and, on her coming to the door.
shooting her in the thigh. Miss Cullinan
was not seriously hnrr, but she might
have been killed, and Rush was held to
answer on the charge of an assault TO
murder.
The unworthy Rush was led into the
court yesterday morning punctually at 10
O'Clock, and deposited upon the steps near
the judges bench, within a foot or two
of large plate glass window looking out
into the courtyard. He is big, stout man,
about feet 10 inches in height, with a
black beard all round his sWarthy face
de says he is a Dutchman. As he had al
ways behaved himself since his arrest, it
was not deemed necessary to place any
guard over him, so he sat alone within the
| railing. The attorney selected to defend
| Rush, Attorney Tom Murray, was absent.
but substitute was appointed and when
| han nia d01 4 lcp
Curtis mOtiOned to Rush TO step out into
the body of the court and take his seat at
! the table.
Rush looked sullen and queer. He paid
| no heed To the bailiff, and for a moment
/ Curtis and Rush looked at each other.
/ The bailiff was standing with his hand on
the gate.
Finally he said: "Step out there with
your counsel. can't you? Don't you hear
what l say" and as he spoke he made a
| step toward the defendant AS he did so
Rush sprang to his feet, aud as Curtis
came on he made one wild jump TO the
window, as though TO hurl himself through
it TO the street and instant death.
But he did not ACCOMPLISH his purpose.
| Whether or not the whole thing was one
grand bluff. worked for a purDOse, cannot
| he said, but the fact is that Rush slightly
bumped his head against the window
| frame. while the soft part of his body
| came against I06 WlDuOW Will DOt Sulu-
! cient force to break the glass.
! There was a scene for moment how
ever. 1t so happened that Joe Twohig
the popular clerk of the court. was absent
and his place was filled by the distiDguished
| Neely Murphy. Murphy. mindful of hi;
pugilistle Tenown, sDrang to the aid OF
| BaiIiff Curtis and laid violent hands on
! Rush. Rush kept up the game and strug-
] gled violently until reminded by punch
! on the Jaw that he was not IN place for
! theatrical exhibitions. Then he sue
! cumbed, and the triumphant officers OF the
court secured their charge.
Judge Wallace watched the whole pro-
reeding with look of pious horror.
| When all was over he took off his spec
| tacles, carefully wiped them, and then
| gazed under, over and fnally,tbrOugh them
| at the ferociOus Rush. The Judge then
| awaited developments.
Here was an opportunity for the de-
| fendant's counsel. In impressive tones he
| informed the court that he had long had
| doubts OF the prisoners sanity. but thai
| now he was more than ever convinced that
! the defendant Rush was neither more
nor less than 6 raving maniac. He really
ought to he put out of harms way.
No particular opposition was made, and
| Judge Wallace with some degree of alac-
rity granted continuance of the case
! until July %, when the would-be suicide
| will be examined as TO his mental condition
before jury.
When asked afterward why he had acted
| in such an eccentric manner Rush said
| ''Want to get back northern country; I've
been sold out Sold out here" He re-
| peated this sentence over and over again
in the same Gogged style, with the same
dogged expression on his cOuntenance.
| Finally he was asked if he knew any one
| here. He said ''No" at first, but said late
| that he knew the captain of the Peters, the
| Stockton steamer. but he didn't know his
name. Rush submitted INTERESTINGLY to be
led back to jail.
| The officers of the court. heroes Of the
fray, say they are convinced that Rush
was only shamming. mo more insane
than me-" was Neely Murphy's sage re-
mark, as be took his pugilStic presence
| from the courtroom 10 the more peaceful
quarters of the County Clerks Office.