The San Francisco call., 1904-04-12
SELF F-ARRESTED DEFENDANT
EMBARRASSES LEGAL MINDS
Dsturbs Peace, Takes Himself Into Custody Prosecues
and Defends His Case and Is Given "a Hours by Judge
Cohlan, Who Reminds Him of Unrecorded Offenses

| guide that assaulted William Cluff,
the well-known merchant, one night
recently in an O'Farrell- street play
| house, is alleged to be insane by his
mother, who says he had been acting
| queerly for some time prior to his ex
traordinary attack upon Mr. Cluff
Judge Mogan has remanded Ward for
examination by the Lunacy Commits
sioners, and will act in accordance
with their report tomorrow.
While sauntering along Mission
street with a young woman last Sat
urday evening Herbert Wilt was
breathing soft nothings and relishing
their effect upon his fair companion
when he suddenly heard her character
sssailed by a masculine voice heavily
laden with anger Turning around, he
stood face to face with Charles Gale,
whose vituperative oratory continued
to flow until words gave way to deeds
i and he delivered a sounding slap upon
! the smooth cheek of she who had pro-
voked his wrath. Without waiting to
consider possible consequences Mr.
Wilt swung his right fist upon Mr.
Gales left jaw and Mr.. Gale went down
and out. He was taken to the Re-
| ceiving Hospital, where the surgeons
treated him for a fractured skull, and
the man that struck the blow that may
prove fatal was taken to jail
In the court of Judge Mogan yester-
! day the defendant told the story here
inbefore narrated, and there was no
contradictory testimony. A report
from the hospital stated there was
probability of Gales recovery, and the
Judge continued the case till April %.
The young woman in the case did
not appear in court, but it is under
stood that jealousy of Wits atten-
tions to her and her attentions to Wilt
was the cause of Gales intemperate
conduct
While arresting V. n. Stannells for
disorderly conduct Sunday afternoon
on Steuart street Patrolman Clifford
was obstructed in the performance of
his duty by Gus Anderson, and in the
three-cornered fight that ensued the
officers star was lost and his helmet
crushed. But he succeeded in landing
both his opponents in prison, and
Judge Mogan will sentence them to-
day.
While returning from lodge at an
early hour Sunday morning William
Kenney found it convenient to travel
through an alley upon which abuts the
rear of a boarding-house whose front
is numbered 14S on Fifth street. The
rays of the soft and fulsome moon that
/ bathed the armament with glory
failed to illuminate the cobble pave
ment over which Mr.. Kenney toiled
with uncertain steps, and when he
fell over an empty packing case and
awoke the echoes he barked his shins
and howled his anguish.
The clatter and the cry awakened
| Nestor j. Espinosa, son of CASTLE,
who occupied one of the back rooms of
14S Fifth street, and burglars was his
first imagining. Grasping a trusty
sword cane he sprang to his window
and gallantly prepared to protect mis-
property at, the cost of his life, if needs
be- Mr.. Kenney was endeavoring to
extricate himself from the wreck of
the box and interspersing his struggles
with profane outbursts. when his head
was sharply smitten with the sword
nosa, who still labored under the de-
lusion that he was protecting somebody
or something He, too, altered curse
words as he swung his weapon, and
when William Smith, also of 14S Fifth,
rushed into the alley he found the
atmosphere of blush tinge. Mr.. Smith
also contributed to the battery of Mr..
Kenney, and it is believed that other
boarders that subsequently arrived did
! likewise. At any rate Mr.. Kenney's
head was cut and bleeding and he was
in a generally usedup condition when
the police appeared. Espinosa and
Smith were the only persons arrested,
however, the former for carrying a
deadly weapon and the latter for bat
terry.
Judge Mogan heard portion of Com
plainant Kenney's side of the case yes
terday and will hear some more of it
next Wednesday.
For keeping a lottery place at 121
Geary street George Lewis was fined
500 by Judge Mogan and the municipal
! treasury was at once enriched to that
amount.
Judge Mogan dismissed March Him,
accused of aiding and. apetting a lot
terry, and incidentally conveyed a hint
te Police Sergeant Christensen concern
| ing the futility of making arrests with
out having evidence sufficient to justify
conviction.
March Him was arrested because he
had in his possession five copies of as
many drawings in a Chinese lottery,
and the Judge said the police had no
more right to take the man into Gus
tody than they would have to imprison
white man caught reading a news
paper containing the result of a draw
ing Of the Mexican lottery.
"It is by bringing in such cases as