The San Francisco call., 1904-11-23
ATTORNEY PROPOUNDS.
SOME POSERS.
Are Japanese Curses Necessarily AbusYe?
When Wagon Is Overloaded Is Horse
in a Similar Condition?
BY JAMES c. CRAWFORD.

After carefully scanning the formal
complaint in which B. Oshi. a japanese
teamster, was accused Of cruelty to
animals, the attorney for the defense
entered an oral demurrer.
May IL please the court" he said,
the verbiage Of this document makes
it incompetent. It charges the defend
ant with 'willfully and unlawfully tor
menung a certain animal, TO wit, a
horse. overlooking said horse and abus-
ing the same These allegations are at
variance with the testimony Of the
complaining witness, Humane Officer
Hooper. who has just swore that the
horse was not carrying a load. but was
attached TO a wagon laden with trunks
Therefore. your Honor, my client is not
guilty Of overlooking said horse un-
less he gave the animal too much food,
which I VIII confess. the great kind
ness Of his nature might have led him
10 do. Again, the prosecuting witness
testified that the defendant swore at
the horse. said swearing being speci-
fed in this complaint as abusing the
same Now. as my client cannot speak
English and the horse driven by him
vas an American horse, could oaths ut
tered in q language unintelliglble 10
their object be reasonably VIII not
say Iegally-designated abusing the
same'2 II the horse did not understand
what the man Said TO him. how could
the horse have been abused by what
the man said2 We will cOncede that
the defendant swore at the horse. but
we object 10 having said swearing
termed abusing the same. 1 move for
dismissal on the ground OF the general
ambiguity Of the formal charge
Police Judge AIogan has taken the
written complaint and the demurrer
under consideration.
Eisitacion Valley was numerously
represented in Judge COnlan's court
where Mrs. Maria GoteIa and Mrs Jes-
sic Gambogg1 accused each other OF
disturbing the peace Each Of the Ia
dies was accompanied by a crowd Of
rnatrons ready and willing 10 testify IN
her behalf. but the Judge mercilessly
dfsspuointed most of the ladies by hear
ing only what the two principals and
-heir respective blood relatives had 10
say.
There was 10 dispute as TO the origin
II the conflict. both sides conceding
that il was a fight between the Gotella
boy and the Gamb0ggi boy. but Of the
s-bse0ueur proceedings there was no
statement that went unprotected Mrs
Cau7boggf and her witnesses swOre
positively that she did nothing, either
by word or deed. 10 warrant the attack
made uDon her b. Mrs. GOtella, who
knocked her down and kicked her
while nrostrate. Mrs Gotella and her
contingent averred. on the other hand,
thar no living saint could have avoid
ed reraliating with violence for the
-ongue-Iashing administered by Mrs
Gamboggf TO the entire Gotella family
Moreover. Mrs. Gotella did not knock
Mrs. Gamboggi down. nor did she in
dulge in kicking. Her assault upon
Mrs. Gamboggi was strictly confined TO
hair-pulIng. Nor did Mrs. Gamboggi
supfnelv submit 10 having her coiffure
disarran-ed- In the clinch she did
some severe short-arm- work.
So radical indeed. was the conflict
Of testimony that the court was obliged
10 resort TO record-raking. and that's
where Mrs Gotella came out second
best While the character Of Mrs
Gamboggf withstood the fierce rays Of
the police searchlight without whiting
In the least. the same investigatory
process ruthlessly shattered Mrs. Co
rela's reputation for law-respecting.
It was disclosed that she once COM
PEELED an impromptu dismissal Of the
Vfsitacion Valley Public School by her
invasion thereof in quest Of vengeance
f0r the deserved punishment Of the
very boy whose fistic encounter with
the Gam boggf boy led TO her Amazon
ian attack upon Mrs. Gamboggi. So
the Judge dismissed the charge against
Ms Gamboggi. pronounced Mrs. Co
tella guilty Of peace disturbance and
promised TO sentence her to-day.
Captain Carl Cass Of the scow
schooner Hettie and Nettie recounted
how he vas robbed OF a gold ring and
SO cash by Miss Ida Nelson in a Pa
cifc street dance hall. and the defense
took him in hand for eross-examina-
tiOn.
You know Miss Nelson?" inquired
the attorney.
Ave doe"
Are you a mariner"
NO. aye am not marryin' er."
Judge Mogan spent three and one
quarter minutes Of his valuable time in
making Captain Cass comprehend that
the lawyers query did not relate to