The San Francisco call., 1904-04-13

ger celebrated her acquittal by enter
ing civil suit against Mrs. Nc
Carthy and being awarded $4,000 dam
ages, not one cent of which she has
been able to collect. From the Mayer
Mccarthy feud grew side issues that
gradually involved the majority of
their respective friends and proved
rich picking for the Police Court law
yers.
SO distracting was the testimony In
the Daw- Heller case that his Honor
Cabaniss got the sides mixed and pro-
nounced the complainant guilty; and
when her attorney vigorously protested
the court squared matters by dismiss
ing the defendant. Mrs. Daw swore
that the Heller family made her life
a burden by casting rocks through the
windows Of her domicile, and Mrs. Hell
Ter submitted in evidence the fragments
OF a glass pitcher which, she alleged,
had been hurled at her by Mrs. Daw.
The Judge ungallantly suggested that
the fact of Mrs. DAVIS aiming the
pitcher at Mrs. Heller assured that
lady immunity from being struck with
the missile, as woman never hits the
object she throws at.
While Mrs Heller was testifying in
her own behalf Mrs. Daw sat among
the witnesses and groaned most mis-
erably to express the horror conveyed
to her by the defendants statements.
An attempt by one of the attorneys to
prove the existence of a tender attach
ment between a policeman and one OF
the younger witnesses was baked by
the court declaring that the love af-
fairs of the witness had nothing to do
with the case.
After listening to tedious testimony
and equally tedious arguments in Mrs.
Heiler's case against the Magers, the
jury in Judge Fritz's court convicted
the woman and acquitted the man
Mrs. Mager will be sentenced to-day.
Three persons accused of murder
faced Judge Conlan yesterday. Mrs.
Cordela Botkin was one of them, and
the other two were Fred Tobelmann
and Thomas Fallon, each charged with
staying his wife Tobelmanns exam
ination was continued till next Wednes-
day, and Fallon viii face the bench
again to-day.
From Bernal Heights came wit
nesses to testify in the peace
disturbance case of Mrs. Sum-
merville against Ellen Kelly
and Judge Cabaniss gave them
patient hearing. The prosecu-
ton alleged that Mrs. Summerville had
tapped the window of Mrs. Kelly's
kitchen and that when Mrs. Kelly
responded she was informed by Mrs.
Summerville that she CMrs. 50 would
send her CMrs. K.) to join her (Mrs.
K. 81 husband at San Quentin. supple
menting that threat with another to
the effect that she CMrs. So would
derive great pleasure from the act of
carving her (Mrs. K) with knife
Mrs. Summerville denied that she ever
uttered the remarks credited to her by
Mrs. Kelly.
What started this rumpus, any
way?" demanded the Judge.
Then came Mrs. Strosser and Mrs.
Coleman TO testify that the Kelly chill
dren and the Summerville offspring
were at outs and that their respective
parents took sides. Of course. Further
inquiry ELECTED the information that
not one Of the youngsters referred to
was over three years of age.
"I1l have to think this thing over"
was the Judges wearily uttered opin-
ion.
Judge Fritz has reserved his decision
in the assault case in which Policeman
T. J. Larkin is complainant and John
Nolan Jr., a California street stable
man. is defendant. The officer shows
no evidence of having been roughly
treated. but Nolan exhibits a broken
nose and other facial disfigurements
as a result Of the encounter.
Pablo Castro's three little children
appeared in Judge Mogan's court and
with big round eyes mutely appealed
for the liberation Of their father. who
insisted on resuming sleep upon
bench irPortsmouth square after Spe-
cial Policeman Gardner had awakened
him three times. After glancing at the
little ones. and learning that the de-
fendant had a sick wife at home. the
Judge discharged him with a repri-
mand.
Book steam beer was the undoing Of
Samuel Lemkins, a vegetable peddler,
for after imbibing several glasses of
the enticing beverage he drew from
his trusty six-shooter and
fired five shots. soaring many people
who witnessed his performance as he
drove along San Carlos avenue.
After drinking that last steam I be-
gan to imagine I was a stage coach
driver pursued by highwaymen," said
Samuel to judge Mogan, "and that's
why I fired the shots"
Five dollars and costs.
Judge Mogan held John Condor, alias
Jimmie the Whale" TO answer a
burglary charge in the Superior Court,