The San Francisco call., 1903-12-10
the other for pilfering gold pens from
the store of H. S. Crocker & Co.

The notorious Jack Evans was or
dered into custody yesterday by Judge
Fritz pending investigation of the con-
stitutionality of the law under which
he is being prosecuted by Mrs. Lovinia
Raemsch, who alleges that he sold per-
sonal property on which she held a
chattel mortgage. The woman man
ages an apartment-house over the
saloon owned by Evans at 131 Taylor
street, and her complaint is a develop
ment of the trouble which has existed
for some time between him and his for
mer mistress and her mother. Evans
has been in the courts on various
charges of assaulting women.
Josephine Winship, convicted of hav-
ing stolen $40 from William Duffey,
was fined $50, with the alternative of
fifteen days imprisonment, yesterday
by Judge Cabaniss. Miss Briggs, an
agent of the Society for the Prevention
of Cruelty to Children, appeared in
court and requested that the organiza-
ton represented by her be authorized
to take permanent charge of the de-
fendant's four-year-old daughter, as
the woman did not seem to be qualified
to rear the child properly. The appli-
cation was taken under consideration,
and in the meantime the little one will
remain in Miss Briggs custody
Mrs. Isabella Hansen was the defend
ant on a charge of disturbing the peace
of Decatur street in general and Mrs.
Mamie Peters tranquility of mind in
particular. Mrs. Flanagan, who is
Mrs. Peters mother-in-law, was wit
ness in chief for the prosecution and
her testimony depicted Mrs. Hansen as
person who would be disturbing
quantity in any we'll regulated neigh
borhood. Indeed, Mrs. Flanagan went
so far as to opine that if Mrs Hansen
were sequestered on a coral island in
mid Pacific she would manage to make
her environment lively.
The specific complaint of Mrs Flanni-
gan, however, was that while on her
way home from attending wake she
overheard Mrs. Hansen speak in dis
paragement of the worth of Mrs. Pc
ters, and that when Mrs. Flanagan
protested and attempted to defend her
daughters character she was made the
recipient of a TRADE of abuse from the
defendant
After hearing the narratives of Mrs
Flanagan and others, Judge Cabaniss
told Mrs. Hansen that there was one
of three courses open to her-live at
peace with her neighbors, leave Decatur
street or go to prison. Then he gave
her a day in which to decide which of
the three courses she should follow.
Incidental to the hearing of Mrs.
Flannigan's testimony it was learned
that eleven children have been born to
that matron and that ten of them are
alive
"A lady after President Roosevelt's
own heart" was the courts comment.
George II. Buttle was driving a pair
of spirited young horses on Market
street, opposite the Palace Hotel, last
Monday afternoon, when the team
crashed into the rear of an automobile
of which Charles F. Tammany was the
sole occupant and necessarily the
helmsman. Then, as the evidence
heard yesterday by Judge Cabaniss
went to show, Mr.. Tammany leaped
from his machine and grasped the
bride of one of Mr.. Buttle's horses,
whereupon Mr.. Buttle struck Mr.. Tam
many on the head with whip. A
charge of battery was entered against
Mr.. Buttle by the arresting policeman,
but Mr.. Tammany and a special
pleader appeared in court and de-
manded that an additional charge of
malicious mischief be filed against the
defendant, inasmuch as his horses had
smashed the rear panel of the auto
Judge Cabaniss declined to enter
tain the malicious mischief PROPOSE
ton, and opined that carlessness was
the worst offense that could reason
ably be charged against Buttle, who
apparently was unable to control his
horses when they smashed the choo-
choo car. The charge of battery was
also pronounced not we'll made, as
Tammany had no right to arrest
Buttle, or to grab his horses bride
with that purpose, because it had not
been made clear to Tammany that
Buttle had committed an offense JUS
tifying his arrest.
In dismissing the case, the Judge
said that the conflicting rights of auto
mobolists and drivers of horses were
| becoming more evident daily, and it
was the delicate duty of the court to
bar discrimination in it's rulings on
such disputes. THE automobilist has
unquestionably come to stay" said the
Judge, "and in this court he will find
protection from imposition from per-
sons who may harbor foolish preju-
dices against the horseless carriage. At
the same time, the driver of the time
! honored beast of burden will get JUS
tice, TO more and no less, when he
comes before this court, either as COM
plainant or defendant, in a case of
| conflict with the driver of an automo-
bile
d. A. Phillips, who said he came from
| Brooklyn n. Y, was before Judge Mo-
gan on a charge of annoying the at
| taches of a Market street boot and
| shoe store from which he had been dis
! missed because there was no further