The San Francisco call., 1905-04-05
COURT LENIENT
WITH NEW BURCH
Judge Seawell Holds AttOr-
ney Was Provoked When
He Called Byington a Name
ARGUMENT CONCLUDED
City Prosecutor Says Cigar
Men Seek Relief, Though
Hands Are "Unclean"

The stenographer's notes saved At
torney A. S. Newburgh from punish
ment for contempt of court by Judge
Seawell yesterday. Monday afternoon.
during the argument on the pool-sell-
ing cases, District Attorney Byington
called Newburgh a Laughing hyena"
and Newburgh replied in thunderous
tones that Byington was dirty dog :"
Newburgh's remark astonished Judge
Seawell, who did not hear Byington's 8
original pleasantly, and the court or
dered Newburgh TO show cause why
he should not be punished.
NeWburgh protested that Byington
had started the trouble and should be
punished alone. Judge SeaWell said he
had not heard Byington make any un-
dignifled remark, hence Byington must
go unpunished. But the stenographer
caught Byington's remark, and when
Judge Seawen was informed of the
fact he decided that Newburgh was
not so much TO blame after ALL
When the matter came up yesterday
Newburgh made further apologies TO
the court for his conduct Judge Sea-
well then said he had been informed
by the stenographer that the District
Attorney did start the controversy and
as Newpurgh had spoken in the heat
OF passion and had meant no offense
TO the court the contempt proceedings
would be dropped. He warned counsel,
however, to maintain proper decorum
in the future.
Police Captain Duke was called and
testified that he had ordered fourteen
men TO raid the pool-rooms of Zick
Abrams He said he was instructed
TO do as he did and was acting within
the law. His testimony in this case
was allowed to stand as applying to
all that will be effected by the decision
% . Tn
William Bryan. secretary of the Grand
Jury, also testified as TO the sale of
pools by Abrams. Argument on the
merits of the case was then opened.
Attorney Newburgh said the action
of the police in blockading the cigar
stores was unlawful and in violation
Of the constitutions of the State and
the United States. He said the police
had no right Of entry TO any place of
business unless authorized by warrant
properly issued by a properly quail
fed court II allowed TO continue in
their course he said the police were
destined to become the despots of the
land and liberty would be at an end.
Attorney Michel, from the Office of
George D. Collins, closed the argument
for the booksellers, attacking the val
idity of the ordinance under which
the police are operating.
District Attorney Byington, in his
reply, said the applicants for writs of
injunction were not entitled to relief
from a court of equity for they had
not come to court with clean hands.
Not having come to court with clean
hands they could not, in the first place,
get standing in court of equity and in
the second place could not in an action
in equity attack the validity of any
statute or ordinance. And the court,
said Byington in conclusion. viii never
enjoin an officer of the law from max
ing an arrest. for the person arrested
has a remedy at law and equity can
not be invoked where a remedy at law
can be found.
The cases will be submitted this
morning after proof of an amendment
( TO an ordinance has been made.