The San Francisco call., 1904-04-24

volved in the case of Giovanni Fossa,
who is to be arraigned before Judge
Cabaniss tomorrow on a charge of
murder filed by District Attorney By
! ington.
Fossa killed Vincenza Lavagnino by
throwing him downstairs in a house
on Chestnut street one night several
months ago and after hearing the evil
dence Judge Cabaniss held him for
manslaughter. The District Attorney
however considered the testimony suf-
ficient to hold the defendant on the
capital charge and accordingly filed in
formation against him for murder. 1t
was then discovered that the Supreme
Court had just decided that when a
person has been held by q committing
magistrate to answer a certain charge
IL is the duty of the District Attorney
to act in accordance with that charge
and not to undertake judicial func-
tions in any way. This decision re-
stored Fossa to the position in which
Judge Conlan had placed him-a de-
fendant held to answer for man
slaughter-but the District Attorney
he again filed information for murder
assigned to Judge Cabaniss.
1t now remains to be seen whether
Judge Cabaniss will consider the tes-
timony sufficient to justify him in up
holding the decision of Judge Conlan.
or whether he will agree with Bying-
ton that the evidence is strong enough
to warrant his holding the defendant
for murder.
Two men are in the hospital with
probably fatal injuries as the result of
a shooting which occurred Saturday
night, April 16, in the Hughes House
on Sixth street between Mission and
Howard. One of them, George Pear
son, a teamster, shot the other,
Charles Ford, a glassblower, in the
mouth and then in an effort to avoid
arrest jumped from a third-story win
dow to a stone sidewalk forty-five feet
below, sustaining damages which may
result in death. He is charged with
assault to murder, and, If he survives,
the case will be heard May by Judge
Mogan, who yesterday learned that
there was a worthless woman at the
bottom of the tragedy.
Her name is Clara Evans, and Pear
son and Ford were rivals for her tickle
affection. Pearson was visiting her
apartment in the Hughes House when
Ford, accompanied by a seafaring
friend, raped on the door. Pearson
responded and when he saw his rival
he drew pistol and dared him to en-
ter. Ford accepted the challenge and
Pearson fired. The bullet entered
Ford's mouth and is still buried some
where in his head, the Receiving Hos
pital surgeons considering its removal
too risky to attempt. The wounded
man fell, the sailor ran away, the
woman screamed and swooned and
Pearson sought TO escape via the stair
way until he saw that route blocked by
the burly form of Patrolman McEntee.
Then he re-entered the woman's
chamber and leaped through the win
dow. His legs are broken and he is
injured internally.
Since the occurrence the woman has
been in a state of nervous prostration,
and the sailorman, who was the only
other witness of the shooting, has sue
ceeded in batting pursuit.
Charles Hall, vagrant, lied to Judge
Fritz and was given six months i'm
prisonment for 1t. Charles declared
that he was employed as harness man
in the stable of a wholesale grocery
firm. and that his character could be
vouched for by the foreman Of the es-
tablishment, George keenan,. The bail
iff was instructed to telephone to the
stable, which he did, and received the
information that no such person as
George keenan, was known there, nor
had Charles Hall ever been on the pay
roll.
What do you say to that?" asked
the Judge, and Charles hung his head
and confessed that he had prevari-
Gated.
IF you had told the truth you would
have Jared better" remarked his
Honor. by way of preface to handing
Charles the maximum penalty.
Charles A. Carroll, charged with con-
Quoting lottery place at All Fourth
street, was arraigned before Judge
Conlan and demanded and was granted
jury trial. He was arrested by Pa
trolmen Egan and O'Connell, who stat
ed he informed them that he was i'm
mune from police interference because
he was representing a large and we'll
known lottery agency.
Accused Of disorderly conduct. Louis
de Marini told Judge Cabaniss that a
mistake had been made in the matter
of his arrest, as he was not the person
who had hauled down and DESTROYED
the banner borne by picket" in front
of a Mason-street restaurant that was
under boycott by the Cooks and Wait
ers' Union.
do you know the man who did COM
NIT that offense?" the Judge inquired.
Il do" replied the defendant; hes a
corn doctor and 1 can bring him here
to testify that I'm innocent"
Good enough" quoth the court. "I'n
give you till Monday to produce the
chiropodist."
Patrolman Edner was pacing his
weary round and passing a sailors
boarding house at Front and jackson
streets when abruptly emerged from
the doorway thereof the bulky form of