The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-07-15

II
W company the Calhoun news
paper and Superior Judge Mo-
gan so anxious 10 keep Gus Johnson,
confessed pickpocket. out of the peni-
tentisry2
That unusual influence was used 10
get Johnson admitted 70 probation. that
the mans hackers were so insistent
on clemency that Judge Everett Brown
OF Alameda county had TO bar>his doors
10 them and order that they play their
game in open court. and that Johnson
had = reputation as hanger on at
questionable saloons and acted as an
experienced "stalI' when his victim
was robbed on a san Pablo avenue car
IN Oakland, developed yesterday when
an investigation was pressed into the
case Of the man whom the United Rail-
roads has marked for its consideration.
Judge Assists "Waiter"
Superior Judge E P. Mogan Of san
Francisco was one Of Johnson's active
sponsors The judge said yesterday
that he had known the pickpocket was
& waiter" in various places in this
CITY Johnson's chief employment here
was as z bar tender. II was learned.
and the only place al which he could
combine the work OF q bar tender
with that OF 3 waiter was in Pratt &
Tiernev's notorious Mason street re-
sort before the IRE. a month ago Judge
Mogan hrst interested himself IN John
sons case
District Attorney u. H. Donahue OF
Alameda county could not accept with
any satisfaction the admission of John
son 70 probation. Police Captain Peter
sen Of Oakland said he had word that
Johnson was confirmed crook. but
Probation Officer Ruess took the view
that the man had never been in trouble
before and that his mind was weak
as the result of an accident in child
hood.
Evidence Showed Guilt
District Attorney Donahue reiterated
yesterday his statements that Johnson
should have been sentenced to the peni-
tentisry.
a pickpocket is too dangerous a
character to be released on probation"
said Donahue. -On that ground I op-
posed clemency yesterday. The evil
dence. as I saw Il. all pointed 10 guilt
on the part OF johnson. He followed
his pal. McCauley, 10 the street from
the san Pablo avenue car and started
10 run as soon as he saw Perry, the
man who was robbed, also alight. I ar
gued that Johnson was aware Of the
picking Of Perry's pocket. that he had
sostled him in the car and that from
his own guilty conscience he ran away
as soon as he saw Perry on the pave
ment beside him.
Not Law for Pickpockets
The probation law was not meant
for pickpockets. regard them as be-
longing 70 the most dangerous classes
OF criminals. Judge Mogan called
and broached the subject Of Johnson.s
release a month ago. but talked very
little with him at the time The evil
dence submitted justified placing
johnson on probation from a judicial
standpoint II had to be considered in
his case and / would not be construed
as criticising Judge Browkn's deci
sion. Had I been on the bench myself
under the circumstances I would have
undoubtedly arrived al the same de-
cision-"
Prisoners Friends Warned
7 had TO caution people from the
bench against attempting to see me
in my chambers about johnson" said
Judge Brown. This is a policy Of
long standing with me. but had to be
emphatic about il on this occasion. The
report Of the probation officer classed
johnson as second risk. showing
that he had never been in trouble be-
fore and that his connection with the
robbery might have been slight after
all The testimony and the evidence
given was all in, his favor.
7 am reluctant to place a pickpocket
on probation. but 1t was the only thing
to be done in this instance The names
of the witnesses and their positions
had nothing to 90 with &C. Their tes-
timony was weighed and tested care
fully, exactly as testimony is weighed
in any case. The conditions OF john
sons porbation were made unusually
severe in order to reduce chances. He
wiz report TO me once q week. as well
as TO Probation Oficer Ruess--
Ruess DisIi<ed Risk
Probation Oflcer Ruess said: John
son was reporteda a second risk because
his mind had been weakened by bad ac-
cideuts in his infancy. He is 30 years
nf age and ff he Rad been a con