The herald., 1895-08-23
THE SCALPERs' TEST CASE
Heard at Length Before Justice You ng
and Jury
No Disagreement as to the Main Facts at
lssue-An Important Matter to
the Brokers

The case OF Hugh Byrne, tie Southern
Pacific conductor, charged with petty lar
ceny. was on trial before Township JUS
tice Young and jury yesterday. and oc-
cupied the attention of the court during
almost the entire day.
This is the test case prepared by .he
calpers to test the right OF the Southern
Pacific Railroad company to take up the
unused portion of special limited coupon
tickets over other lines than their own.
Albert Forman, in the employ OF tlrm
of ticket brokers. was provided with a
ticket sold by the Denver and Rio Grande
railroad, and made out in the name OF
JOHN H. French. presumably the name
of the original purchaser. The ticket
was from Denver to San Diego and return
to st. Paul, via San Francisco and Port
land. The ticket had been used from
Denver to San Diego and Los Angeles.
ana presumably was scalped in this city.
Forman, provided with the ticket ana
accompanied by Il ticket broker named
Duffin and an attorney. boarded north
bound Southern Pacific train of which
Byrne was conductor, and rendered the
ticket for passage. The conductor asked
Eornan to sign his name for the purpose
OF identification, and Forman signed the
name Of French. The conductor, know
ing that Forman was not French, tho
original purchaser OF the ticket, and no.
tice being printed on the face of the tick
ct that it was forfeited if presented by
any other person than the one whose
name was signed thereon, took up the
ticket and told Forman that he would
either have to pay his fare or get off the
train. This Forman refused TO do, and
when San Fernando was reached he was
elected from the traiu. Duffin and the
attorney also left the train and the party
made their way back TO the city, where
Forman sworc to a complaint against
Byrne for petty larceny, placing the value
OF the ticket at $40
When the case was called yesterday |
morning there was quite a number of
spectators in the court room, among them |
being.a number of scapers and railroad |
men. Byrne was represented by Colonel |
A. B. Hotchkiss of the law department
of the Southern Pacific com papy, while |
the interests Of the people were looked |
after by Deputy District Attorney McCo- |
mas and Attorney Bacon.
There was no conflict in the testimony |
to speak Of. with one exception. Forman
testified that Byrne told him to write
testified that he told him to write his
name, whereupon Forman wrote the !
name OF French. as it had been signtd |
by the original purchaser.
There was no argument, and il being
conceded by the people that the defend
ant was of good character rs to honesty
and integrity. the matter was submitted
to the jury, who retired to Justi ce
Young's office in charge of deputy con-
stable to deliberate. Thsy were out only
q few minutes. when they returned and
asked for further instructions. They
were in doubt as to whether contract
was shown on the face of the ticket. The
Justice informed them that this was a
question of fact that they would have to
settle for themselves, and they were ac-
cordingly led back TO their room.
At $3.50 O'Clock the jury was again
brought into the court room. and it APP
pearing that there was no chance of an
agreement being reached. was discharged
fhe jury stood six to six. Four ballots
we're taken and were all alike, there
Seing no change from the first.