The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-31
BARRY TILTS WITH RAUER.
The COLLECTOR FINDS FAULT
WITH THE JUDGES
JUDGMENT.
A DECISION HAD BEEN RENDERED
AGAINST HIM-MosE GUNsT,
DEFENDANT.

There was rather unusualEscene in the
chambers of Presiding Justice Barry YES
terday afternoon, when a party to a suit,
against whom Judgment had been rem
dered, said that the court had erred and
insisted that the Judge should withdraw
his decision and dismiss the case to enable
him to go to another Judge to try again.
The complainant in the suit was J. J.
Rauer, the well-known collector, and the
colloquy between him and Justice Barry
was very spirited for time.
II never squeal, said Rauer, "when the
evidence is against me and get beat. But
here 1t was all my way and [ know [ am
right. want this case dismissed and
will go before some other judge
'But the case has been decided" said
Justice Barry.
"Oh no it hasn't; that don't make
any difference. want it dismissed" said
Rauer.
when judgment is rendered in this
court 1t is too late to get dismissal. You
can appeal it if you want. You can take it
before the Superior Court and get me re-
versed." said Judge Barry warming a
little to the topic.
II don't intend to go to the higher
court. l want it settled here"
you will never have it tried again in
this department, said the Judge notify.
II shall see to it that you WON'T
"This judgment is all wrong and does
me injustice and I want to have it tried
again. I'll dismiss the case here"
why didn't you have your witnesses
here to prove your case if you had them p"
said the Judge. you can appeal, but that
is all you can do now in this case. 1 want
you to understand, Mr.. Rauer, that | am
thap T,1ef % IL i
however much you may think that you
are"
The defendant in the case in question
was no less important a parsonage than
Police Commissioner Nose Gunst, and the
case has rather peculiar history.
Gunst employed one John Unsworth to
paint number of signs for his cigar-store,
When Unsworth turned in the work Gunst
refused to accept it all, but did accept
part and 80. K.'ed' a bill. according to his
testimony, for 500 on account. Then he
went East, leaving word when the work
was done acceptably to pay the balance.
Unsworth sold his claim against Gunst
to }. J. Rauer, who upon Gunst's return
called upon him for payment. Gunst ex-
planned the situation and Rauer immedi-
ately bad Unsworth arrested on charge
OF obtaining money under false pretenSes
The case was heard before Police Judge
Low, who dismissed it on the testimony of
Unsworth TO the effect that the bill was
o. K ed only for 500, and that he sold: it
on its face.
Thereupon Rauer brought the suit in
the Justices Court against Gunst for the
full amount of the bill. At the hearing
Gunst testified to his having refused to ac-
cept the work, as it was not up to the con-
tract, and that he had offered to pay 500
on account and pay the balance when it
was properly done.
Unsworth was not called by Rauer. The
case had been submitted two weeks before,
and it was the judgment in this case that
the collector took such an emphatic ex-
ception to. He went away saying he
would return to Judge Lows court and
bring another criminal suit against Uns-
worth for having obtained money under
false pretenses, claiming that Judge Bar
ry's decision releasing Gunst from re-
sponsibility is ground sufficient on which
to bring the criminal action.