The San Francisco call., 1898-06-23
Officer Smith InCurS His
 DiSpleaSure.
THE POLICEMAN THREATENED
THE JUDGE FAVoRS HIS FRIEND
 ATTORNEY MAHoNEY.
His Honor Does Not Relish the Task Given Him by the Jury. A New Trial
 Brewing.

The case of Attorney W. H. Mahoney, convicted by jury on the charge of ob- structing a street crossing, has exempli- fled the fact that Judge Low is under certain circumstances subject to absence of memory as to his official capacity.
 The facts in connection with the arrest of N1ahoney and his trial and conviction by a jury have already been published. While a regiment was marching along Market street on its way to Camp Mer- ritt, Mahoney was in front of crowd at Eddy and Market streets. Policeman w. J. Smith was detailed to keep the crowd back He warned Mahoney to move back, but the attorney refused and practically dared the otncer to arrest him. The officer did what he believed was his duty and booked a charge of ob- structing the street crossing against Ma honey.
 During the trial last Thursday it was shown that Mahoney bitterly resented his arrest and made a threat that he would break the officer. He had four or five witnesses who testified in his fla vor, and ex-Judge Ferral to defend him, but the jury believed that the officer had not exceeded his duty and convicted Ma honey. Judge Low continued the case till Saturday, when Mahoney was to ap- pear for Senence.
 The case was called on Saturday, but eX-Judge Ferral made motion for a new trial-an almost unprecedented step in the Police Court after conviction by a jury-and after some informal talk the case was again continued till yesterday.
 Yesterday Judge Low was asked what he intended to do in the case and he promptly answered. Dismiss it"
 He was asked the reason, and he re- piled that Policeman Smith had apolo- gized to Mahoney and Mahoney had promised not to bring Smith before the Police Commissioners, so that it was all settled To confirm his statement he sent officer Mahoney after the trial and saying to him that he had no personal feeling in the matter. but simply did his duty, and was willing to shake hands with him as a citizen Nothing, however was said about what the Police Commissioners might do in the case.
 Well, what do you want?" angrily asked the Judge.
 This man has been convicted by a jury" replied Smith, "and want to see sentence passed upon him
 All right" said the Judge as he struck the desk with his fist, 'I shall continue the case till Saturday and you will have to look out for yourself. The latter part of the expression was said in a threaten ing manner.
 The Judge later said that he would ad- wise Mahoney to bring the officer before the Police Commissioners and he would personally see that the charge was prose- cuted. a5 the language used by the officer to Mahoney, he claimed, was disgracefui
 Policeman Smith says he is not afraic of the threat to bring him before the commissioners. He insists that as Ma honey has been convicted by a jury he ought to be punished and he cannot see why he should be treated differently from any other person convicted of an offenss.
 "I wanted to show Mahoney," said Smith, that I was not the mad bull that he represented me to be and that 1 simply did my duty as a police officer in arresting him. That was why l went up to him ana as citizen offered to shake hands with him after the trial If Judge Low thinks he can intimidate me he Is very much mistaken. The man has been convicted by jury of his own seeking and the duty of the Judge Is tO sentence him