The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-02-01

yeils given and hurrahs for the Judge
poured forth as the excited college men
made their exit from the dingy courtroom
In less than a minute all of the university
men were out OF the building and in the
street.
No sooner had they made their exit,
however, than Judge James was attacked
by Mrs. H. n. MarQuand, editor of the
Berkeley Daily Advocate, and Attorney
GRADER, who scourged him with their
tongues for having dismissed the case
without Furnishing any of the alleged
Judge of unfolding a ''lot of drunken
loafers," to which he made sharp retort
in defense of himself.
Attorney GRADER joined the editress in
her ratings against the Justice, and soon
the discussion grew to white heat.
BY this time the students had heard of
what was going on inside the Judges
sanctum, and they surged in more quickly
than they had previously retired.
THE testimony said the lady, "went
to prove that the defendants IN the case
were guilty as charged and the decision
should have been rendered accordingly"
In reply to this Judge James said:
If the testimony was perjured then
am sorry for the university. The way
things are managed in Berkeley man
cannot go according to the dictates of his
own Judgment and at the same time keep
free of criticism. Ii man renders decis-
ion to suit the multitude then he is praised
for it, but when he does not suit them he
is condemned. You do not like this deci-
sion, but if you will reflect little you
will remem Der that you wrote an editorial
on aliquor-case decision that did suit not
you"
At this the crowd set up another veil.
and left the building with "Hurrah for
the Judged"
Over 300 university students were in
Justice James courtroom when the cases
were called. The three John Doe" war
rants sworn to by Rodgers were found to
be against III. s. Avery, Cecil Chamber
lain and William Smith. Lawrence Have n
was the other student charged.
The case of Haven was tried without q
jury, Attorney Seth Mann appe airing for
the defendant and Deputy District Attor-
ney Church and Mr.. GRADER for the prose
cution.
Rodgers, the complaining witness, told
on the stand the same story as had already
been published. He declared that Haven
and his companions were all intoxicated
on the night of the alleged assault, and
that they attacked him without proyoca-
ton, Haven charging him with insulting a
young lady on the train.
Rodgers story was contradicted by
Night Waterman Parker and by each Of
and several other witnesses. v no had
seen Haven and his companions on the
night in question, testified that none of
them were under the influence of LIQUOR
Something of a sensation was caused by
the appearance in court of the young lady
who was said to have been insulted by
Rodgers. She was Miss Maggie Horrigon
of Golden Gate, and she testified that the
conduct of Rodgers was not ungentle-
m anlv and did not tract her attanfior IN,
him. Other passengers on the car gave
similar testimony.
The case was submitted without argu-
ment.
Before announcing his decision Justice
James said he desired to state that the
charge of drunkenness had been entirely
disproved. "Such charge might, If left
unrefuted, work injury to the future rep
utation of these young gentlemen said
he, land I will therefore state before de-
Gliding the case that the evidence adduced
shows Enthusiastically that none of them
were intoxicated"
At this point Attorney GRADER, for
Rodgers, asked that similar announce
ment be made with regard to the charge
that Rodgers had behaved in an ungentie-
manly manner on the train. He called
the attention of the court TO the fact that
four witnesses had denied that Rodgers
had insulted the lady, one of them being
the young lady herself, while only one
witness had declared that insult had been
offered.
Justice James refused to make the de-
sired announcement, however, and pro-
ceeded to announce his decision acquitting
the defendant, Hayne. The charges
against Chamberlain, Avery and Smith
rested upon the same testimony as that
against Hayne, and the defendants were
therefore all discharged