The San Francisco call., 1899-07-28
4 COMEDY Of i.
ERRORS IN THE
POLICE COURT
Officers and Judges at
Variance.
THREE WARRANTS REFUSED
ACCUSED OF LARCENY BY TRICK
AND DEVICE.
Bunko Men Are Still Held on Charges
of Vagrancy, Which VIII
Come Up for Hearing
To-Morrow.
THREE WARRANTS REFUSED
ACCUSED OF LARCENY BY TRICK
AND DEVICE.

There was a comedy Of errors in Judge
Mogan's court yesterday when the cases
OF s Evans. alias Nevills Ben Franklin.
alias HOstetteT and John Lee. alias Fos-
ter, were called They were charged with
vagrancy. and Franklins : case was hrst
called. but Prosecuting Attorney Joach-
imsen mistook Lee for Franklin and the
case was almost concluded. when the mis-
take was discovered. and the prosecuting =
attorney asked Evans 10 step forward.
Before any evidence was taken. Evans
explained that he was not Franklin. \
search was then made for Franklin and
he was found doing i'm the jury box.
This seems TO be d comedy Of errors. -
said the Judge, and I wish you would
bring Franklin to the dock. So that there
can be no mistake this time Franklin
stepped into the dock and then Attorney
Mack asked that the three cases be con-
rnued till Saturday and they could be
Sin all over again. The request was
granted.
The three defendants are all well-knOwn
uunko men and were arrested in the sa-
loon 4lZ kearuy street by Detective IIl-
Ion and POLICEMAN McGray Tor swinging
stranger, Donald LeIdlS. obJ OF N'g ll
a dice game. When the case was called
before Judge MOgan Wednesday. the de-
f-udanls having been charged with petty
larceny by trick and device. Leidlg said
Le would not swear TO the complaint
charging trick and device. as he had lost
was done by fraud in the shape Of loaded
dice The Judge accordingly dismissed
the case and a charge OF Eagrancy Was
made against the men.
The police we're dissatisfied with the ac-
ton o. Judge M1gau- COnuending that he
should have heard the evidence and then
decided whether there was any trick or
device. and yesterday morning Leiulg was
taken before Chief Lees. He told the
story Of now Franklin and Lee ap-
preached him on kearny street. asking
him 10 tell them where they could find
the subtCeasuTy and finally landing him
in the saloon. where they were joined by
Evans. and the three started throwing
dice for drinks and then for money. Lei
dig refused at nTst u join in the game,
but was finally induced TO do so, and IN
a few minutes lost $50.
The Chief was satisfied that a charge
OF trick and device under section 332 OF
the Penal Code would stand and sent for
Prosecuting Attorney Carpenter OF Judge
TreadWells court. The facts We're eX-
planned 70 Carpenter and he cOnCuTTed
with the Chief and consented TO issue the
complaints in mis- court. The complaints
We're written out and Detective Dillon
went with Leidig 10 Judge Treadweu to
get them sworn TO.
The Judge refused 10 sign the COM
plants on the ground that an officer OF
his court had informed him that Judge
Mogan had already refused 10 issue the
Complaints. Dillon asked the name OF the
officer Of the court. but ne did not give
t. Dillon alleges that he Judges in
f9rman- was man named TODD MCDon-
aid who is credited with being an expert
dice throweI So the matter stands at
present.