The San Francisco call., 1904-08-11
HUTTON TRIED
FOR CONTEMPT
Police Commissioner Defeats
One Citation Against Him,
but May Lose the Other
INJUNCTION is VIOLATED
Judge Cook Holds the Pros
ecutiOn Has Made Out Case,
but Grants Further Time

Police Commissioner H. w. Hutton,
Special Chief Of Police for 1929 Du-
pont street." succeeded in getting one
Of the charges Of contempt Of court
against him dismissed by Judge Cook
yesterday. On the second charge the
Judge held that a prima facie case had
been made out by the prosecution and
Hutton was given till August 2s to pre-
sent his side Of the case.
The contempt consisted in the al
legged violation of the injunction
restraining the police from inter
fering with the business of Jean
Pom, proprietor Of a restaurant at
1l2S Dupont street In the first case
Hutton was charged with ordering
several policemen to raid the premises
IN rear Of the restaurant on May 21.
II was shown that three warrants OF
arrest had been procured, designating
the women 10 be arrested, and the
Judge held thai this was not a viola
ton OF the injunction.
In the second case, Mary Duran was
arrested on the night Of June by Po-
hcemen Barry and Fennell after she
had left Pon's restaurant. Captain
Duke testified that he went to Huttons S
Office on June Z as Hutton had found
fault with him and the men under him
Eg
gard 10 1129 Dupont street. In accord
snce with Hutton's instructions, he is
sued an order to Sergeant Bpophy and
Corporal FRAZIER TO arrest every wom-
an seen coming from 1929 Dupont
street, and Immediately after the ar
rest the arresting officers were to tele-
phone 10 S. L. Gummel, sos Valencia
street, who would swear TO the COM
plants and warrants, which would be
returned as II the arrests had been
made on these warrants. The order
was produced in court.
Strenuous objections were made by
Attorneys T. D. Riordan and Hiram
Johnson on behalf Of Hutton against
the introduction of the order on the
ground that IL was a privileged COM
munication, but the Judge overruled
them.
Sergeant Brophy, Corporal FRAZIER
and Policemen Barry and Fennell tes-
titled 10 receiving the order and the
two patrolmen TO making the arrest Of
Mary Duran in consequence Of it, The
woman herself testified that she fire.
quented Pon's restaurant and had just
eaten a meal when she was arrested
after leaving the restaurant
Attorney Johnson moved for a dis
missal Of the citation. claiming that
the proceedings were farcical and that
there was 20 willful violation of the
A4ll Llll- ne QtubuuEtu ron resort
IN unmeasured terms and cOntended
that Hutton was simply doing his duty
as a public official. Attorney George
D. Collins replied, cOntending that a
violation Of the injunction had been
clearly proved against Hutton and it
was unnecessary TO argue whether il
We willful or not
The Judge. in denying the motion,
said that there had been nothing to
show that Pom was not conducting a
legitimate business and il did not mat
ter who his patrons were. 1t had not
been shown that Pom had any connec-
ton with the premises in the rear The
evidence showed that Hutton had
given orders 10 arrest. without war
rant, every woman coming from 1928
Dupont street and such order was
IN direct violation Of the injunction.
From the evidence before him a prima
facie case had been made out
RiOrdan asked for time to present the
defense. and as he was to leave the
city last night FOR two weeks the case
was continued till August %