The San Francisco call., 1899-09-08
CASEY'S FATE STILL IN
THE JUDICIAL BALANCE
ARGUING FOR LIBERTY BEFORE
JUDGE MURASKY.
More of the Local Wanderings of the
Conspirators Who Made San Fran
cisco Their Headquarters.

The fate of John Casey the Australian
thief, is still hanging in the balance before
Judge Murasky of the Superior Court
Shortly after o'clock yesterday after
noon Judge Murasky opened the hearing
on the two petitions for wrts of habeas
corpus on behalf Of the prisoner The first
petition contested the Jurisdiction of the
court on the ground that more than two
days had elapsed in one continuance
against the defendants objection. and
hence under the law governing prelimin-
ary examinations he must be discharged
The second demanded the release of the
prisoner on the ground that no probable
cause existed, or in any event was proved
sufficient to warrant the magistrate hold
ing the defendant to answer before the
Superior Court for the crime charged
grand larceny.
In support of the first petition 1t was
proved that Casey was taken before the
magistrate on September l. A continu-
anCe was taken against the objection of
the defendant until Tuesday, the 5th inst
1t is contended by Judge Louderback, who
represented the police. that as Sunday and
Monday. which were legal holidays, inter
vened the continuance taken was entirely
within the law. George D. Collins the
defendants counsel, however, read from
the Code, which gives a magistrate the
right to hold court for the purpose of pre-
liminary examination not only on holi-
day but on Sunday as well. Hence he
claimed the statute had run against the
Jurisdiction of the magistrate and he was
deprived of power in the premises. In
support of the second petition Mr.. Collins
pointed to the fact that the clothes al
legged to have been stolen by the defendant
were in fact sent to his apartments with
out his solicitation, and If he took them
and kept them, the evidence even failing
to substanttate these claims, he was not
guilty Of larceny as charged
| n will fny- ln
police to-day and then Judge Murasky
will render his decision
The police in their Investigations of the
movements Of the conspirators did not
cOnflne their attention to Kelly and his
family. The thieves were far too clever
10 choose rendezvous, and they made 1t
ties of their business demanded. They
seldom met at one another's houses, as
they had been careful to choose habita-
tions in the residence districts where the
presence and doings of strangers are
quickly noted. The gang found it expe-
dent also to frequently change the To-
Kelly first went to the Russ House, and
from there to 1104 Devisadero street
Shortly after he and his interesting fam
ily were domiciled at Ills Pierce street
and then again the police found that he
had moved to lilo Bush street. 1t required
great deal of patient labor on the part
of the police to discover these facts but
subsequent developments.
Caseys spirit was as rowing as that of
Kelly. When the Australian crook first
came here he went to the Palace Hotel
He was professional" man, and moth
ing less than the best in accommodations
would suit him. He was simply trying to
get his bearings, and the next time the
police heard of him he was living al SIC
Powell street as f. Dunne He thnn
moved to 9l1 Bush street, to be in the
same neighbCrhood with Kelly ana Au-
gustus Howard. Murphy was less ambi-
tious than his fellows, and the south side
was better suited to his tastes. He first
registered at the Grand Hotel. and shortly
after found apartments in a lodging house
at Third and Stevenson streets
The police have in their possession a
letter which throws a curious side light
on the history Of the malefactors and
their families. 1t will be remembered that
Mrs. Kelly left here on February "a, 1899,
for the Colonies On May she sent a let
ter to her father, who was then in this
city. She stated that she had had a dis
tressng dream about her father, and she
wrote to learn the condition Of his health
The letter forms scrap in the mass of
evidence which has been accumulated
against Kelly by the police