The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-01
At TORNEYS AGAINST JUDGE
Legal Representatives of G. F.
Johnson Are After Judge
Low.
DEFENDANTS MANY TRIALS
The Court Justifes It's Acts on Humane
Grounds and Gives EXp1ana.
tons.

Attorneys Donohoe and Keys take ex-
ceptions to modes of procedure governing
the trial of George Johnson, for cruelty to
his child, recently held in Police Judge
Lows court.
The following is in substance Denis
Donohoe's account of the case:
On the night of September George +.
Johnson and his wife were arrested,
charged with cruelty to minor child, and
lodged in the City Prison. The child was
seen crying at the window of the Johnson
residence at IL o'clock that night by
police officer, and the father was found
asleep in bed. He was not intoxicated
and no marks of violence were found on
the infant. The only defense that john
son made was that he had been working
hard that day and being a sound sleeper
did not know that the youngster was out
of its bed.
Johnson pleaded not guilty and was tried
before Police Judge Low, found guilty and
ordered to appear for sentence September
IA.
On that date his attorneys, James W.
Keys and Denis Donohoe Jr., moved for
dismissal on the ground that the complaint
was defective, being dated September Z,
1894.
The error was SO apparent that the
order was made and Johnson was imme-
diately rearrested, charged with the same
offense, as having been committed Septem-
Der g. 1895.
He pleaded not guilty, demanded jury
trial and was held for trial October "a
with bail fixed at $500.
The new, complaint alleged that the
offense had been committed Septem Der 8,
1895, two days after the date of the first
arrest. Johnson was in the City Prison at
that time. On October "a, the prosecuting
attorney having noted the second mistake
moved for dismissal. Johnson, through
his attorneys, opposed the motion on the
grounds that he had pleaded thereto. and
that he had demanded a jury trial and
that the complaint could not be dismissed
ex-parte by the court on motion OF the
District Attorney.
Judge Low granted the motion of the
prosecution and the defendants attorneys
excepted to the ruling OF the court.
The o1ten-tried Johnson was Immediately
arrested-for the third time, after two dis
miSsals-making the time of the offense
September Z, 1S95-the complaint-writer
having protited by his try-try-again expe-
rience, and getting the date correct at last
Johnson was arraigned in court October %,
Judge Low denying the motion to dismiss
on the grounds of two prior dismissals for
the same alleged offense, notwithstanding
the Penal Code distinctly says that in a
misdemeanor dismissal on motion of the
District Attorney is bar to further prose-
cution for the same offense. The case was
transferred October 20 to another depart
ment.
II took this case" said Mr.. Donohoe
yesterday, because as one of the attorneys
of the British Consulate l am com
missioned to pay over to George +. john
son about $1,000 coming from an estate in
Ireland. ] have known the accused for
some time, and he is to my knowledge a
hard working teamster, a perfectly sober
man and a good provider for his family.
After Johnson had been in jail several
days Judge Low intlmated to me that he
thought the man had been about sufficiently
punished, and as his offense was not heavy
one, it might as well be dropped. Nothing
had been proven except that the child had
cried at the window while the father was
asleep. | was so sure that Johnson would
be discharged that l got communicative,
and by way of a topic of conversation
mentioned the fact that | would soon pay
Johnson about $1,000 or $1,000, a portion of
an Irish estate. That was fatal error on
my part, and | can only attribute 1T to my
youth and inexperience in criminal cases,
this being my first and, | assure you, my
last.
There was Immediately a change in
affairs, and Johnson's alleged wickedness
seemed to grow in Importance.
ION the morning of September Is Judge
Low said to me, unless johnson gives an
order on you and you accept it for sum
of money payable out of the funds that
NAV come into your hands from his estate
in Ireland l will give the Johnsons heavy
sentence
Il asked how large a sum that would be.
Judge Low answered, $500, or l shall give
them six months apiece.
az know that the officers and agents
of the Society for the Prevention of
Cruelty to Children are paid out of the
fines imposed in the Police Courts, and
their efforts are chiefly directed toward
the arrest and conviction of persons of
some means. L sincerely believe that the
great energy displayed in arresting John
son three times and hanging on to the
case with such bulldog tenacity after the
two dismissals is owing to the knowledge
of the estate in Ireland and JohnsOn's in
terest in it. Once during discussion over
the payment of the money | was directed
by Judge Low to go down and see Nc
Comb, secretary of the society, and settle
the case with him.
"The maximum fine for cruelty to a
child is $500. but it must be particularly
aggravated case.
ION account of the errors in the dating
of the complaint, the trial was dragged
along for weeks, and Johnson lost the job
he had held for three years. coming up to
the City Hall three times week for
month and half. Once when Judge Low
denied our motion for dismissal on the
grounds of two prior dismissals, he angrily
exclaimed, johnson is guilty, and If 1 can
not punish him any other way, I'll punish
him by making him come here as frequently
as possible And again the Police Judge
added another error to this comedy of err
rors by trying the case on the same charge
after dismissal on motion of the prose
cution.
II trust this is not the ways of Police
Courts in the City and County of San Fran
cisco, but probably l notice the peculiar
style of procedure because | am unused to
criminal practice"
81 am surprised" said Judge Low, last
night, THAT reputable attorneys would re-
sort to such extremes in manufacturing
sympathy for their clients. In the first
place the arresting officers informed me
that Mr.. and Mrs. Johnson were drunk
and in a nude condition in the room of
their home when the child was noticed
crying at the open window. These same
officers said they had never seen a worse
case of the kind. Theinterior of the dwell