The San Francisco call., 1895-07-30
He CHARGES EXTORT|0N,
Harvey Burdell Makes VigOr-
orouS Allegations Against
the Sheriff.
Says Keepers Injured His Business
by Intrusion Whelan's
Explanation.

Harry Burdell, proprietor of the livery
stable at 800 O'Farrell street, will enter
suit to-day against Sheriff Whelan for
the exaction of which, he alleges, was eek
tortionate, illegal and wrongful"
Mr.. Burdell states that on April 16 last
P. l.. Archibald and himself were sued by
William Craddock; that judgment in the
sum of $97 90, with So so costs, was OBJ
tanned, and that the execution was duly
placed in the hands of defendant for SER
vice; that on the same day the court made
an order setting aside tle execution for
thirty days, and that the order was served
on the defendant before he had had time
to do anything in the matter of the execu-
tion other than to receive it.
On ;he I'd of May, the complaint states,
the plaintiff paid to the attorneys for
Craddock the, full sum of the Judgment
with costs and obtained a full discharge
for the same. Sheriff Whelan, the plain
tiff states, declined to return the execution
and kept a keeper in charge, though the
plaintiff got out an injunction which is
still in effect to prevent the defendant
from selling any of the property.
The complaint further alleges that the
keeper in charge, with the full knowledge
and consent of the defendant, tells the
stable why he is there and that the Sheriff
expects to get the stable with its contents
for his fees before he is through.
The complaint concludes as follows:
This court has no jurisdiction over the judg-
ment already satisfied of record herein, and
the claims of the said defendant for keeper s
fees are extortionate, illegal and wrongful.
place OF business during the business hours
only and remains there a sufficient length OF
time under the instructions of the defendant
to provoke inquiry as to who he is and
what he is doing there. He then
retires and returns again during the
busiest hours of the day intruding his
presence upon the customers OF said stable
and said defendant and his deputy have re-
ported and are reporting that 1t is the SherifPs
place of business; that the said defendant
well knows that his demands are Illegal and
without any authority in law, and are made
for the purpose OF injuring plaintiff in his
business.
Ash and Mathews are the attorneys for
Burdell
Sheriff Whelan said last evening that
Burdell was not correct in the statements
made, and that the costs, which include
keepers fees, were not paid at the time
when the attorneys of the man who OBJ
tanned the Judgment against him were
paid.
'The fact of the matter is" said the
Sheriff, that at the time the Judgment
was satisfied he owed something like $50
for fees, and came and asked US to give
him rebate on that sum.
''This we refused to do, but gave him
time to pay up. Before the expiration OF
that time other attachments, three in
number, think, were levied on his place,
and, of course, we must have keepers on
that account. The man has been fairly
treated and has no real grounds for begin
ming suit, and think his attorney has a
hand in the matter, for he was very angry
when we refused TO rebate the fees"