The herald., 1898-09-03
4 SMOKED BURNER
FIFE OZONE vITALIZER PAYS AND
LOOKS PLEASANT
a TWENTY DOLLAR FINE
Now the Doctor of Fake Titles Wants
to Have the Times Lady Cor
respondent Arrested

AVALON, Catalina 1siohu, oSP'' -
H. Russell Burner. find you guilty a.
charged and set tomorrow at 10 O'CLOCK ior
sentence"
The trial that has excited SO much as
cussion and feeling on the island proved
yeritable circus. The long-beardeo. r'np'
bedecked NJ. D., l.. l.. d., PLEADED ms owl
case and that was wherefhe fun came H.
He had evidently sat up AZ night studying
law as defined in the California CODE ana
had way Of trying to tell what the law Is
that brought audible smiles to the races Oh
the spectators In the court room. The
prosecution was represented by>Assistart
District Attorney Holton, who was well
primed with witnesses. The ball was
opened by putting Mr. Orr. the victim OF
Burners assault, on the stand. and despite
the many Interruptions or the pseudo law
yer the witness recited the facts as told In
The Herald on the day following the bat
terry.
When the ozone WALKERS turn came 10
cross-exam.ns the witness he tried some
very theatrical tactics And his way OF
setting around the English language as
she is spoke took long time to be ex-
planned.
One after another the witnesses for the
prosecution were placed on the stand, and
on almost every point corroborated Mr.
Orr When Burner came to make his de-
fence the fun again began. TWO OF his
witnesses were women and another was
Horace CHM, who was arrested some time
ago and pleaded guilty to charge of petty
larceny.
While one Of his witnesses, Mrs. Kittin-
ger, was one the stand and was being cross
examined by Mr.. Holton, Burner asked the
court to protect the witness from the bull
doing" of the prosecution. This reused
Mr.. Holton's ire and ELECTED the sharp re-
ply: "Will you shut up? Don't you say
that bulldoze a witness"
While one of the prosecutors witnesses
was on the stand the doctor asked: "Wlll
you tell me If you seen me (sic) strike him
and what was my position?" VERY str.k-
ing" was the reply, and 1t took five min
utes for the court to regain its composure.
When the doctor took the stand 1t was
only to show some of the ordinary and the
atrical attitudes of street speaker. Re-
questing that the stand he was speaking
from at the time that he assaulted Mr.. Orr
be brought into court the doctor mounted
Il and proceeded TO illustrate how, as he
claimed the stand tilted and threw him into
"the arms of that mob Of tough men from
the toughest part Of the tough west" and
how it was that he hit that coward canni-
bal and villainous looking highwayman
who stood there and called me Ear with
upl,fted fist" At the conclusion of this
harangue Burner jumped on the top Of the
stand and upset it directly into the crowd
and again in the direction Of Mr.. Orr. as
though he would strike him again. 1t was
comical to see the way the crowd scattered
as the doctor with his diamond-bedecked
fingers came clawing through the air in
their direction.
Burner maintained that by the shape Of
his witnesses heads he could tell whe Their
they were good men or not, and denounced
the prosecutions witnesses as villainous
looking mob.
After Mr.. Holton had made the opening
argument the doctor took turn at arguing
and had to be repeatedly warnedto confine
himself to the evidence. AT one time he
wanted to bring In some character evidence
in the shape of documents, one Of which
as shown by The Herald was from fake
college that operated under the name Of
the Chicago Medica. College. to the injury
Of the college by that name which holds a
cutor and the doctor had wordy tiff a.
to whether they should be admitted as evil
dence or not. At last the doctor turned to
the court and asked If they would be ac-
cepted.
mo" was the reply from Mr.. Holton,
"they won't
You are not passing on this" came
from the fiery doctor of many things.
L ~ Io,,,- -
'If you rule this out but paused under
Instructions from the court that If he did
not stop he would be guilty of contempt
For long half hour these three-cornered
battles of words went on and at the end Of
It H. Russell Burner stood before the bar
convicted.
This morning the belligerent doctor was
fined 500. with the alternative Of twenty
days in the county jail.
AS soon as the judgment was pronounced
the NJ. D., L. L. D. opened a pocketbook
and from the top selected 800 bill and
handed 1t 10 the judge. AS he had $50 bail
money already up 1t was returned to him.
Burner, having tasted the joys Of litiga-
ton. is now anxious TO secure warrant
RIO the arrest of the lady correspondent Of
this Times on a charge of criminal libel.
Fishing and Yachting
B. Glidden and wife and Miss Ghdden
were out for a fishing trip In the Loland
yesterday afternoon and on rod and reel
took eight Of the game yellowta.l
The schooner yacht Nellie Of San Pedro
was sighted at the isthmus yesterday. 1t Is
not known who she had on board
The Banning company's launch Linda
was out with w Fl. Woulthrope the travel
ing auditor OF the Southern Pacific, for
fishing trip. A number Of yellowtail were
caught.
Messrs. Vachel and Fox were out with
Hotson in the Putting pig yesterday ard
made a splendid catch of seventeen yellow
tail, one rock bass and one barracuda.
A monster sun-fish over hundred and
twenty-five pounds was found asleep on top
of the water yesterday and gated from the
launch Catalina. Vicenti Moricich, the
owner of the launch will put her on the
mud shortly 10 install a new engine of
eight or ten horse power. The four-horse
engine that is In her now will be placed
in another boat.
Gus Knowles was out for goats yesterday
and made a bag of ten Of the climbers in
a short days hunting.
G. w. Thompson started for the Omaha
exposition yesterday with the Catalina
exhibit.
Personal
C. +. Lewis and wife have taken tent
in Swanfeldt's camp for short stay.