The San Francisco call., 1909-04-06

any action in regard TO the recovered
stolen property until Friday next,
when the writ is returnable before
Judge Seawell. Al that time the court
VIII be asked to make the order per-
manent and peremptory.
The effect Of the issuance Of an al
ternative writ based on the petition
was 10 hold up the trial Of Rex y.
flsmlin. William Corbin, Al Mckinley
and Jere Van Wormer in the police
court on the charges OF grand larceny.
Judge Deasy continued those cases TO
Saturday next
WOULD RESTRAIN JUDGE
IS The magistrate upon whose war
rsnt the hlched property was recev-
cred from the safes and desks of the
United Railroads Judge Deasy retains
control Of the property. Il is for him
10 determine the ownership and order
Il returned 10 whomsoever il belongs.
This is what the United Railroads
wants him restrained from doing 1t
asks that he be enjoiued from in any
manner determining the ownership OF
The papers. from making delivery of
tAem TO anybody. from breaking the
sell Of TIE packages in which they are
contained. or from doing anything in
relation 10 them. save to return them
10 the United Railroads
an IFS petition the United Railroad ds
traVerses at length the facts connected
with the seizure Of the city's records
from its Offices March %. II is as
serted that Sergeant Muleahey, a mem
ber Of the police force. descended" on
the Off7ceE rf fira corn 4fo- oero,,o
panied by other police officers and by
numerous persons who were neither
saeriffs. police officers or peace officers.
There were present. the petition goes
on. numerous so called special de-
tectiNes' OF William J. Burns. who
himself was not a sheriff, police officer
or peace officer. but who was and is
The agent. tool and social companion
Of the personal enemies and business
rivals Of Patrick Calhoun"
TERN RAID INTRUSION
Il is alleged that the detectives. over
the protest of the officers OF the rail-
road corporation. ransacked and
searched private Offices. safes, desks.
cabinets and other receptacles and took
away many papers. The raid in search
of records stolen from the city and
The recovery thereof is characterized
in the petition as unnecessary and a
the Offices in which the property was
contained were subjected TO prying
fnQuisition and minute scrutiny" Will
ful and wanton destruction OF prop
ertv is complained Of and IL is also
asserted that possession Of the Offices
was maintained for approximately "A
hours against the protests OF the
United Railroads
Nowhere in the petition is il asserted
Re hf- de-
tectiyes is the property OF the United
Railroads. II is admitted. however,
that IL was taken by force from the
safes and desks OF the company. The
recovered records are referred to as
goods, property. papers and effects
then and there in the Office" There is
discreet silence as TO how they got
tlrere, or who put them there, or whom
fhey were stolen from.
PURELY TECHNICAL GROUNDS
The grounds upon which the United
Railroads seeks to prevent Deasy from
doing anything with the records are
purely technical. Il is contended that
the. search warrant upon which the
property was recovered was void and
sllegsl because there was no showing
evidence complaint. examination. depo-
sition. paper. writing or affidavit" be-
-ore Judge Deasy sufficient to confer
Jurisdiction II is also asserted that
he search warrant did not particularly
describe the place to be searched or
the things 10 be seized; that the war
rant was not issued upon probable
cause. and was not supported by oash
or affirmation and that no criminal
proceeding was pending in any court
b. sed upon the alleged theft
The petition goes on 10 assert that
I'm sworn statements Detective Burns
stated three places in which the docu-
mcnts searched for were being held
the Balboa building. the office Of
Luther c. Brown in the Pacific build
ing and the Office Of William NJ. Abbott
in the Oak and Broderick streets build
ing. This is claimed TO be in violation
OF the constitutional right of the
United Railroads TO be protected from
general search warrants.