The San Francisco call., 1904-07-22
SUPERIOR COURT RESTRAINS
AN ORDER OF POLICE COURT
Judge Conlan Instuctsa Pawnbokeo Restore Its Owner
a Golden Emblem Which He Did Not Pledgen Person,
and Judge Kerrigan Enoins Enforcement of Instruction

Superior Judge Kerrigan has re-
strained Police Judge Conlan from en-
forcing his order that a Kearny- street
pawnbroker restore to Elbert c. Laws
one diamond-studded gold badge which
the latter alleges was pledged for a
loan of $50 without his knowledge or
consent. The injunction suit Will be
thrashed out in the higher tribunal
some time next week and until 1t Is
decided the knight of the three balls
! will retain possession of the badge.
According to the testimony on which
Judge Conlan based his order, the
badge was presented to Laws by Aerle
No. 81, Fraternal Order OF Eagles, Oh
which he is a past president, and was
borrowed from him by one Carl
! Schwartz, it's designer and maker.
whose ostensible purpose was to use 1t
as a model for the manufacture or a
duplicate Soon afterward Mr.. schwartz
abruptly left the city and then 1t was
discovered that for some time prior 10
his departure the jewelry business con-
Quoted by him on Market street was
in shaky concItion and that he had
pawned for $50 the badge lent TO him
by Mr.. Laws, telling the pawnbroker
that its owner needed the money to
meet some pressing obligations ana
was ashamed to dispose of the badge
himself. The pawnbroker in whose
possession the emblem was found re-
fused to give it UP unless he received
the principal sum with interest that he
had loaned on it and Mr.. Laws appeal
ed to the courts to- aid him in it's re-
covery.
Judge Conlan held that the pawn
broker had no legal right to keep the
badge, inasmuch as it was inscribed
with the fact that it had been pre-
sented to Mr.. Laws and was not onered
in pawn by that gentleman in person
So the pawnbroker was ordered to re-
store the badge to Mr.. Laws and in
stitute proceedings against the alb
sentee Schwartz for recovery OF the
money advanced to him. Instead or
doing that the pawnbroker's attorney
hurried to the City Hall and obtained
the restraining order from the Superior
Court.
! Just where Schwartz is at present no
one connected with the case seems to
know.
Joe Pcdesta, who has attained some
| local fame as an amateur lightweight
boxer, told Judge Fritz that he Will
endeavor to pay his wife, from whom
he is separated 81 a week for the sup
| port of their infant child, although his
weekly salary as a grocer's assistant is
| only 49, and he has ceased depending
upon his flstic art for money getting.
Moreover. he did not believe the woman
should be allowed to handle The money,
as she is giveS to beer-tppling and
{ even more reprehensible falhnss' one Oh
them being a penchant for takin. trips
! to Canada with a map who is not her
father, although she told all her friends
that he bore that relationship to her.
However, he would endeavor to abide
by the decision of the referee, although
he reserved the right to believe that a
draw would have been more in the line
of justice.
Among the defendants sent to the
Superior Court by Judge Mogan were
Harry Scott, Edward Wood and Ed
ward Burke, for holding up Florain
Andre and robbing him of $50. with
bail fixed at $1,000 apiece; Frank
Jackson, for stealing horse and bug
gy from the Haslett Warehouse Com
pany bail of $4,000.
Judge Conlan held E. r. Bratton for
forgery in $4,000, and Walter Jen-
kins for waylaying and robbing three
Chinese in Union Square in $4,000.
Edward F. Beach, a carpenter. was
ordered by Judge Mogan to pay his
wife $40 a month for the support Of
their infant child. The woman stated
/ that she has been married thirteen
months and that her husband was
good to her until he went to Woodland
to work and there became enamored
to the city with him and installed in
his fathers house, where he also
dwells.
Mrs. Gertrude Hoffman of 172 Dor
land street failed to convince Judge
Mogan that Ong Comic, a washerman,
was responsible for her alleged loss of
two diamond rings that disappeared
from the casket of jewelry which she
placed for hiding in bundle of soiled
linen. 1t was proved that Ong found
the box in the bundle and that he
marked on the cover of the former
the number of articles it contained. all
of which were restored to Mrs. Hoff-
man when she applied for them at the
laundry. The Chinese was discharged.
Miss Rose Decker of 326 Mason
street showed such slight respect for
the dignity of Judge Fritz's court that
she was fined $5 for contempt. She
was accused by Miss Pearl Rodgers of
illegally OBTAINING trunk containing
that young woman's wardrobe and
when the complaint was read to her
she laughed it to scorn. Then she in
sisted that yesterday was Friday, de-
spite the Judges assertion tnat IL was
Thursday and carried her impudence
so far as to fatty refuse compliance
with the courts order that Miss Rod
gers be permitted to obtain some nee
essary articles of apparel from the
trunk. But not until she conveyed her
disorderly conduct to the corridor did
his Honor command that she be
brought back and charged with con-
tempt. She paid the fine.
Frank Kato, a Japanese cook, was
given three months imprisonment by
Judge Conlan for having annoyed
Miss Matilda Gunzberger, a waitress,
until she found his arrest essential to
her comfort. They worked together
at 800 Mason street, where Franks at
tentions to Matilda became so irri-
tating that she complained of his con-
duct to their common employer and
his dismissal was the result. Then he
made a practice of bounding her and
alternating professions of admiration
with threats of violence.
II Preparatory to departing on vacation