The San Francisco call., 1904-10-30

that 1t would be unjustly diScrimina-
tive to convict one person of battery
where two had battered. and the case
was dismissed.
Thomas King. may God have mercy
on you for killing my boy!' walled the
aged mother of John Costello, who died
after being struck in the abdomen with
rock hurled by Thomas King, whom
he was pursuing with an open knife in
his hand. The Coroner's jury exOner-
ated King, but Judge Fritz sent for
COstello's mother and asked If she de-
sired to file formal complaint. She de-
clined to do so and was leaving the
courtroom when she glanced at King
and despairingly implored heaven to
forgive him. He was discharged from
custody.
Alonzo Emilia, accused of disturbing
the peace, was attired in a sweater en-
bellished with alternate yellow and
green stripes and crimson cuffs and
collar as he stood before Judge Conlan
and pleaded not guilty.
You may not be guilty as specifical-
ly charged" said his Honor, glancing
at the defendants apparel, but that
sweater of yours certainly disturbs the
peace of all persons of modest taste
who see it,
As the complaining witness, the de-
fendant's wife, was unable to speak
English, the case was continued till an
interpreter can be engaged to translate
her testimony. Signor Emilia and his
gorgeous garment were returned to the
cage.
Percy Brush was dead broke in
Stockton when Thomas McKenna, re-
Gently of the Klondike, charitably pre-
sented him with river transportation to
San Francisco and Percy showed his
gratitude by stealing Thomas razor
and pocketbook while the twain were
fellow passengers. Percy denied the
theft and claimed that the pocketbook
found on his person was his own prop
erty, but Thomas routed the claim by
accurately describing the contents of
the purse, which included a newspaper
clipping announcing the last divorce
Of saltwater Bill" Judge Mogan
will sentence Percy for petty larceny.
In the breast of Judge Cabaniss is
locked the words that little Emma
Braig breathed into his right ear after
he had requested her to state what
little Mary Burane had said that pro-
voked Daniel Sweeney (colored) to cast
rocks at her. Daniel testified that he
was walking along one of the North
Beach thcroughfares, "tendin to. his
own bizness an sayin' muffin to no.
buddy hn txrn Oir v,,o& i'm
AN stahted a-joshin'," and finally one
of them called him something which
he did not desire to repeat in court. 1t
was then that little Miss Brafg whis-
pered to the Judge the offensive sobri-
quet TO which Daniel alluded and which
the Judge firmly declined to disclose to
an eager press. Defendant was allowed
to go onOhis own recognizance.
c. c. Moss, accused of having plucked
the feathers from live chickens in the
Union Square Market, explained to
Judge Mogan that there was no cruelty
whatsoever in his treatment of the
birds that he executed and dressed. Ere
he began to remove the feathers, he
said, he cut the jugular veins of each
chicken and also, to make death cer-
tain, probed its brain with sharp i'm
plement. The Humane Society officer
who testified that he saw some birds
move after they had been denuded of
feathers by the defendant may have
told the truth, but the court should un-
derstand that for some time after a
chickens life has departed it's muscles
and tendons twitch convulsively as
they relax. The Judge confessed him
self unlearned in ornithological anat-
omy and continued the case till next
Saturday, by which time he shall have
consulted experts in the slaughter of
poultry.
For selling milk deficient in butter
fat w. Townes was fined $25 by Judge
Cabaniss, and James Ferrar, similarly
accused, was discharged after 1t had
been shown that the lacteal fluid dis
tributed by him was so nearly up to
the legal standard in percentage of
cream that its attenuation might have
been accidental
Clyde Sebelle and Charles Picard,
17-year- -olds, averred it was not with
intent to damage the windows con-
IalneQ IN the residence Oh Sdmuel
Johnson, colored gentleman at Sac
ramento street and Leroy place, that
they hurled rocks, but either to MAIN
or slay one black cat that had in
Cured their aversion by its nocturnal
disturbance of the peace. It was
very elusive feline they added, and
when they saw it perched upon the
front stoop of the Johnson domicile
they could not resist the temptation
to attempt its slaughter. Mr.. Johnson
hoped the court would not think that
he was inspired by malice when he
had the boys arrested. He did not de-
sire their imprisonment, but would
like to have them compelled to pur-
sue their cat hunting where their de-
fective craftsmanship would not i'm
peril his windows. Defendants severe
ly reprimanded and case dismissed.
First Mate Saunders of the good
ship Servia donned his shore togs last
Friday evening and betook him to a