The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-06-18
Ex-Police Judge Murray Laidlaw
of Oakland Makes an
Impression.
THE CASE OF HENRY BEHNKE.
His Charge Against Conductor Henry
and Motorman Mahoney Dis.
missed by Campbell.

"oo ~ NCOPiy IALOlOotC0 dlO
amused crowd in Judge Canpbelrs court
room yesterday afternoon at the hearing
of the case against Robert Henry, con-
ductor, and Patrick b. Mahoney, motor
man, of a Kearny-street electric car,
charged with assault with deadly weapon.
The complaining witness was Henry
Behnke, IA Guy place.
The interest of the spectators did not
center in the merits of the case, but in the
attorney who appeared as special prosecu-
tor. His actions were SO opposed to the
usual traditions of the Police Court that
every one whispered 10 his neighbor the
question, 'Who is hep"
No one seemed to know, not even Attor-
ney Kelly who appeared for the Market
street Gable Company, nor Attorney Clar-
ence Gray, who thought he knew every at
torney that had appeared in the Police
Court for years back.
Finally late conner bowed to the prose
cutting attorney. and he was Immediately
asked the same question. why" he
said, "don't you know himT That is Alex
ander Laidlaw. who, when Police Judge in
Oakland, fined himself $50 for being
drunk The answer was passed from
IDOulll W mOutu anu III llllSnSlllCQ bnC
terest of the spectators.
The favorite position of ex-Judge Laid
law was TO loll back in his chair and place
his left foot on the able in front of him.
He and the court locked horns repeatedly
over the res gesta and the rules of evidence
till finally Judge Campbell told him that
his arguments might hold good in an Oak
land court, but they were irrelevant and
useless in San Francisco court. Once he
objected to question put by the Judge to
the defendant Mahoney, and the Judge
mildly told him that he must remember
that Mahoney was the defendant and the
question was proper one. LAldlaw pom
dered deeply for moment and then
said II guess you are right; he is the de-
PENDANT"
One of the witnesses for the defense was
Ben S. Broas, an old gentleman living at
5I2 Bush street, who is representative here
of nrm in Flushing, n. Y. After he had
given his testimony, Laidlaw IN loud
tones denounced him as liar. The Judge
sharply told him be had no right to- talk
that way to witness, and he would not
tolerate it for moment.
You have no right, said the Judge,
you would not dare use to his face outside
the courtroom. | will protect the witness
against such language"
well, your Honor" said Laidlaw, II
apologize to the court, but allow me to
say that the witness uses the truth with
penurious frugality," which raised a
laugh.
A. L. Mcdonald, writer living at the
Reno House, Sacramento street, was the
next witness for the defense. He is we'll
built man and as he passed Laidaw he
whispered to him: you had better not
call me liar" and the remark was ae-
coup panied by look that meant business.
Laidaw did not call Mcdonald liar, but
he said he also used the truth with penuri-
Gus frugality.
There were other incidents, such as cor
recting the grammar OF the witnesses and
interfering remarks while the Judge was
delivering his decision. The Judge
checked him several times and finally
threatened to commit him for contempt
unless he held his tongue.
Behnke, the complaining witness, de-
tailed the alleged assault upon him on
June 10. He got transfer from a Market
street car to the Kearny-street car, and
when he handed 1t to Conductor Henry
near Bush street he refused to accept it,
as it was only good for going south. Then
Henry and the motorman forcibly elected
him from the car. He got on again and
the motorman beat him over the hands
with the controller handle, while the con-
ductor grasped him by the throat. Fin
ally the motorman hit him on the breast
- L 81
the ground, the conductor on top of him.
He was knocked senseless.
Charles Mccarthy, plumber, 1904 Leav-
enworth street, corroborated Behnke and
said he instructed Policeman Engel to
arrest the conductor for battery. Dr. f.
F. Lord also gave corroborative testi-
mony, and said when the motorm N
struck Behnke over the heart with the
controller handle he dropped like an OK.
For the defense Charles NJ. Ewing, col
lector for the Evening Post, testified that
he saw the whole fracas and he did not
see any instrument in .he motorman's
hands, neither did he see the motorman
strike Behnke with any instrument
Ex-Judge Laidlaw wanted to show by
the witness the connection of the Post
with M. III. de Young, whom he styled the
yupposititious candidate for Vice President
and the Southern Pacific, but Attorney
Kelly interposed an objection and it was
sustained.
Ben s. Broas and A. L. Mcdonald both
testified that they did not see the motor
man strike Behnke with the controller
handle, on the contrary they saw the
motorman put it in the lefthand pocket of
his coat.
Conductor Henry and Motorman Ma
honey gave their evidence, and denied
using more than the necessary force to
eject Behnke from the car. Mahoney de-
MED striking Behnke with the controller
handle. He took the handle off in &C
cordance with the rules Of the company,
and put it iii his pocket when he went to
the conductors assistance. A copy of the
company's rules was put in evidence.
Policeman Enge. also testified.
The Judge said the conductor was act
ing within his rights in refusing to accept