The San Francisco call., 1897-12-08
he Appears in Judge Camp
BELLS Court as Com
planning Witness.
Tells the Story of How He Was
Bunkoed by Robert Law
less, the Ez-JOckey.
The Jury, After Fifteen Minutes De-
liberation, Brings in Verdict
of Not Guilty.

81 thought the joke was on me-" said
Ned Greenway, leader of the four hun
dred, in Judge Campbell's court yes er-
day afternoon, land l wasn't particularly
anxious to prosecute The case"
The case was that of Robert Lawless,
the ex-jockey, who was charged with OBJ
tanning IS IS from Greenwav on Novem-
Der by trick, artifice and fraud. The
defendant demanded jury trial, and last
Thursday the jury was impaneled, but
as Greenway failed to appear, owing to
being seized with ''cold feet" alleged
by defendants counsel, Archie Campbell,
nephew or sxty-second cousin of the
Judge, the case was continued till yester-
day afternoon.
c. D. Martini, one of the jurors, failed
to appear, and it was agreed to try the case
with the remaining eleven. a bench war
rant was issued for Martini's arrest, and
his bonds were fixed in $780,
After Prosecuting Attorney Spinetti
had briefly opened the case Greenway was
called to the stand. He did not appear in
the least discoD certed by the presence of
the push" who crowded the courtroom
and gave his evidence with easy grace
and nonchaI2nce.
II am the representative of cham
pagne-house, he said in answer TO The
Prosecuting Attorney. 81 was quite sick
last Thursday and was confined 10 bed in
the Bohemian Club. 1t IS not true that 1
was seized with cold feet
ION November | received telephone
communication purporting to come from
T. S. Williams president of the California
Jockey Club-a personal friend of mine
to the effect that some one would call with
a package for him, and If there was any
charge to pay it l said, All right
went out of my office for a few minutes
telling the bellboy 10 look out for the
package, and when l returned he told me
that young man had been there with a
package, but the charge was too steep'
for him. 1 waited till twenty minutes
past and the defendant came in. He
handed me package, saying it was m edi-
cine for horse and TO keep it in a dry
place. He said the charges were SS so and
and 25 cents for himseli. gave him the
money and he wrote out a receipt then
telephoned to Williams and he SAID the
package could not De for him.
81 met Williams IN day or two and
explained what had occurred"
Did he pay you the money" asked
the Judge.
''He offered it to me, sir, but refused
it," replied the witness with offended dig
nifty.
Continuing he said: ST had q conver-
sation with the defendant in the City
Prison after his arrest. He asked me not
TO do anything till his father had spoken
to me. l said nothing to him. He was
shown the package and said he recog-
nlzed the handwriting on the paper.
In crosse Examination he said: 81 did
not accept the money from Williams l
thought the joke was on me and l wasn't
particularly anxious to prosecute"
Re-examined he said: II thought the
matter should be reported to the police.
and did SO, afterward swearing to the com
plant"
Everett Harris, the bellbov, and Police
men 7. B. Gibson and T. Sullivan were
also examined. Then, after a long areu-
ment, the prosecution was permitted to
call other people who had been victimized
by Lawless and Joseph Seaman, 345
Tenth street Charles O'Donn-u driver
OF an express wagon, and Z. Osborne were
called and testified, each producing the
package on which he had paid charges.
Archie Campbell moved that the Jud ge
instruct the jury to acquit the defendant
on the ground that the prosecution had
not esta blished a prima-facle case, which
they could not do unless they got the evi-
dence OF Williams to show that he had
not sent the telephone message to Green
way.
The Judge denied the motion, saving
II was better to let the case go TO the iury'
The defendant did not take the stand and
counsel went on with their arguments.
Archie referring to Greenway as "the
leader OF the four hundred, who treads
on velvet carpets and seeks to send this
poor boy to dungeon CELL"
The Jury was instructed by the judge
and after fifteen minutes returned with a
verdict of not guilty. Lawless was
promptly arrested on another charge.