The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-09-27

ply, cattle buyer, had quarreled with
the offspring of Daniel J. Leahy, con-
tractor, the mother of the Murphy
youngsters and the maternal relative
of the Leahy juveniles clashed and
then the two husbands and fathers
mixed in. 1t was an interfamily con-
f1ict when the arrests were made.
Mr.. Leahy testified before Police
Judge Cabaniss that Mr.. Murphy
struck him on the head with a slung-
shot, but Mr.. Murphy averred that his
only weapons were his lists. He also
insinuated that he would not consider
himself much of a man if he felt 1t
necessary to resort to the use of dead
ly. weapons in order to defeat Mr..
Leahy. The insinuation brought a
smile of admiring approval to the
countenance of Mrs. Murphy, but Mrs.
Leahy did not seem to relish it, nor
did it serve to tranQuilize the acerbi-
tous facial expression of Mr.: Leahy.
Each family. accused the other of
having provoked and pressed the fight
and the testimony wa5 so very con-
f1icting that the Judge candidly con-
fesSed inability to ascertain with any
degree of exactness where the primal
responsibility rested. Mr.. Murphy's
story was the clearest. He was enjoy
ing a post-prandial snooze, he said, at
his home, 3124 Twenty-fifth street,
when sounds of warfare waited
through an open window and awaken
ed him. Identifying some of the an
gered voices as belonging to his house
hold, he leaped from his couch and,
without taking time 10 don either
shoes or coat, flew to the scene of
strife. There he found his progeny
holding its own against the Leahy
ditto, but opposing his better half were
both Mr.. and Mrs. Leahy. What else
could any man in his place do than the
thing he did? He smoie Mr.. Leahy,
but not with a slungshot The accusa-
ton that his hand contained aught but
fingers when it landed upon Mr..
Leahy's head only served to convict
the accuser of malice most unscrupu-
lous. Would the court kindly remem-
Der that?
Without promising to remember any
thing, the court dismissed the case.
After dismissing the case of the
Auto Livery Company against L. j.
Crowell, who was charged with having
refused to pay $25 automobile hire,
Judge MCgan expressed regret that
Max Resented, the chief complainant,
was not in court to hear something
concerning nlnSelI.
Several months ago." said his
Honor this man Rosenfeld, as fore
man of the Grand Jury, took occa-
sion to censure this court, alleging
that l dismissed too many cases with
out considering their merits or consult
ing the public welfare. His comments
were published in two newspapers, and
l went before the Grand Jury and re-
futed them and challenged him to sub
CT re- single of his statements
That challenge was never taken UP,
and l heard no more of Mr.. RoSenfeld
until last Thursday, when he ap-
preached this bench and requested that
l dismiss the case in which he as man
ager of the Auto Livery Company was
complainant and L. J. Crowell the de-
PENDANT. He stated that as Mr.. Crow
ellis mother had paid the s25 he had no
further desire to press the case. In
other words, Mr.. Rosenfeld asked me
to do the very thing which he had CEN
sured me for doing while he was fore
man of the Grand Jury. He tried to
use this court as a collection agency.
In dismissing this case l want to have
1t understood that my action is not
pompted by Mr.. Rosenfeld's appeal,
but because l consider the defendant a
decent gentleman who resented what
he sincerely regarded as an attempt to
eXtort."
Grace McNaughton also settled
case out of court and then sent notif1-
cation to Judge Conlan that she would
like to have him order the delivery to
a pawnbroker of a certain ring, the
possession of which was in dispute.
The Judge, however, informed the
young woman's attorney that the ring
would not be given up to anybody un-
till she appeared in person and ex-
hot e he NJ l1x1t1 filizinc the
court as an intimidatory machine.
Acting Fire Chief Dougherty, who
had Herbert G. w. Meyerfield arrested
for summoning the department to
pump out a flooded cellar, accepted the
defendants plea that neither mischief
nor malice prompted the turning in of
the alarm.
AT the same time, your Honor"
said the Acting Chief to Judge Cab
aniss. Il would like to have the public
notified through the press that only
in case of fire or a collision between
trains or street cars is it legal to call
out the Fire Department Many good
citizens apparently labor under the de-
fusion that the department may be
summoned to serve as a. pumping corps
in the event of flood, and / would like
to have them understand that they
are mistaken as to the scope of the de-
partment's functions
The case against Mr.. Meyerfield was
then dismissed
Hot Box Suey a forlorn looking Chi
nese. denied that he was attempting to
commit arson when q policeman caught
him in the act of starting a bonfire
upon a wooden floor and against a
wooden partition in a Washington
street rookery. His defense, as filtered
through an interpreter, was to the eff
feet that several years ago, while en-
pIoyed at an Alaska salmon fishery, he
acquired a cold which has chung to
him ever since, and that it was with
intent to mellow his chronic chill, and
with no incendiary motive, that he
made the blaze which might have re-
suited in the destruction of Chinatown
if it had not been quenched in its in
cipiency. Judge Mogan opined that
prison would be a good place for Hot
Box Suey to nurse his cold, and prom
Used to fix the term to-day.
Thomas Moore averred he could trace
blood relationship to the Irish bard Of