The San Francisco call., 1901-12-28
JUDGE w1THHoLDs SENTENCE.
Desires to Confer With Lieutenant
Before Surrendering Rioters.

Before Surrendering Rioters.
The thirteen soldiers who took part in
the riot Wednesday night at Tarpey's sa-
loon on Baker street and were convicted
by Judge Conlan Thursday on the charge
OF disturbing the peace are still in the
City Prison awaiting further develop
mentS
Yesterday morning sergeant with a
provost guard called upon Chief Wittman n
with a letter from Lieutenant Charles E
KiIbcurne Jr. of the Fourteenth Infantry,
acting detachment adjutant, asking him
to hand over the thirteen men to the
gUsrd and they would be tried by court
martial. The Chief referred the note to
she Judge. who later had a consultation
vita the lief It was decided, in view
Of the riOt Thursday night, not to hand
over the men to the military authorities
until some definite understanding could
be arrived at regarding cessation of the
riCtng.
TN~den the men were brought into court
Cor sentence the Judge said:
1 have concluded that the defendants formed
part Of the rioters and feel did right in con-
Victing them a more serious charge should
have been placed against them, as 1 understand
there was repetition Of the riOuing last night
and IL must be stopped The punishment OF
tWenty-four hours in the guardhouse at the
Preside is inadequate and il must be more
severe People in that vicinity are entitled to
lo-otecrion of their lives and property and to
assistance in doing it.
After last nights riot have consulted with
the Chief OF Police and suggested that the
men should be charged with rioting instead Of
disturbing the peace. which is absurd in the
circumstances. Usually 1 DO not care 10 in
terfere with the military authorities. but it
would seem that soldiers have no fear OF the
punishment inflicted upon them and II does not
act as e deterrent. These men think they can
get filed up with liquor. commit any depreda-
tion they like and 90 back to the Preside and
get on with tWenty-fOur hours in the guard
house There ought be e much more severe
sentence, and unless the defendants are going
70 the Philippines at once I shall give them
as long a sentence as the law allows They
must be made 10 understand that they cannot
smash Up people s property with impunity.
Addressing himself to the sergeant in
charge Of the guard, the Judge said:
will take this matter under consideration
Until tomorrow, and I want you to present
my compliments 10 Lieutenant KiIbourne and
ask him to be in this court tomorrow morn
ing when the Chief Of Police will be here
and consider what IS best TO Be done
The cases viii be continued until tomorrow.
Michael McGrath, a soldier appeared
before Judge CabaniSs yesterday. He was
ernoon IN a half-drunlzen condition and
was boisterous and making threats as TO
what he would DO TO the cops" Police
man Rocker was notified that McGrath
was using language calculated to incite
q riot and he demonstrated with him and
advised him to go to camp McGrath
used the foulest language to the ofncer
and wantel 60 hght him. He was arrest
ed after a struggle for disturbing the
peace. He tod the Judge yesterday that
he was booked TO 60 to the PHILIPPINES in
fifteen Gays and the Judge sentenced him
70 spend that time in Jail