The San Francisco call., 1904-07-23
EDUCATED CANINE PERFORMS
TO ENLlGHTEN JUDGE FRITZ
Exhibition Proposed as Means of Settling Dispute as to
Animal ownership, but He Dances With Equal Zest for
Rival Claimants, One Of Whom Feeds Him Dou shnuts

depositing garbage upon a public thor
oughfare. Police Judge Conlan, who
owes exclusive allegiance to neither of
the municipal departments aforemen-
toned, dismissed the case and advised
the complaining policeman to lay the
matter before the Mayor, with a view
of inducing that functionary TO get the
Board of Public Works and the Board
of Police Commissioners together for
the purpose of adopting a common pol
icy in regard to the removal of bottles
from garbage boxes on the public thor
0ughfares.
For about two minutes William st.
CAR Gloster, charged with murder,
was free man. When he was called
for arraignment before Judge Fritz
there was no formal complaint on file,
nor was any one present to prosecute,
so the Judge dismissed the case, but
ere Gloster could leave the courtroom
he was rearrested and taken back to
the City Prison. where he was held
while complaint was filed. Then the
hearing was set for this morning.
Gloster struck A. ]. Funk in the face
while the two men were walking along
Kearny street at 4 O'Clock last Sunday
morning and Funk fell, his head strik-
ing the stone curb with such force as
TO fracture his skull. Patrolmen
Dougherty and Springett arrested
GlOster and Detectives O'Day and Null
cahey were detailed to make further
investigations. All the officers testi-
fed at the inquest. where the verdict
was manslaughter, but the charge of
murder originally booked against Clos
ter was not altered.
In explanation Of their neglect to file
a complaint the detectives stated that
since the inquest they had not time to
prepare the case. The Judge told them
that the verdicts of Coroners' juries
are not considered in the courts and
that the police should prepare their
evidence for the preliminary hearing
instead of for the Coroner's inquiry.
Henry Fritz was arrested for disturb
ing the peace on Ninth street and gave
$50 bail for his appearance yesterday
before Judge Conlan. He appeared in
court all right, but while awaiting the
call of his case he went out to take a
drink, and the beverage indirectly cost
him his bail money, which was forfeit
ed when he failed to respond to the
/ shouting of his name by the bailin
Then a bench warrant was issued for
! his arrest.
Judge Fritz dismissed the charge OF
practicing medicine without a license
/ which for several months the State
! Board of Medical Examiners. had been
pressing against DR.. z. Schmoll, grad
uate Of the University of Basle, Switz-
erland, and former fellow of the Johns
Hopkins University. DR.. Hirschfelder
| Of the City and County Hospital testi-
! fed it was at his invitation that DR.
Schmoll came to San Francisco, and
that while awaiting a license to prac-
/ tice he examined some patients. but did
not prescribe for them. The Judge de-
! cided that while the defendant might
have technically violated the law he
did not do so deliberately. The testi-
mony Of a French boy called by the
! prosecution proved a boomerang, fol
| it was to the effect that DR.. Schmoll
had resolutely refused to treat him.
Three able-bodied male vagrants were
! given six months apiece by Judge Fritz
who opined that the healthy man who
prefers vagabondage in the city to hon
est industry in the fruit orchards
where such men are much needed just
now, is unfit to mingle in civilized So
ciety. The forlorn trio was rounded uI
by Patrolman Brown, whose work was
| commended.
Joseph O'Donnell who stole an arm
chair from a Mission street furniture
store, was given four months impris-
onment by Judge Fritz.
With Judge Mogan confined to his
home by illness and Judge Cabaniss
away on vacation, there was double
duty for Judges Fritz and Conlan yes
terday, but the calendars were cleared
with neatness and dispatch. Judge Mo-
! gan's vacation begins to-day and Judge
! Cabaniss returns TO toll next Monday.