The San Francisco Call. Newspaper, December 8, 1897, Page 14

14 THE SAN FRANCISCO CALL, WEDNESDAY, DECEMBER 8. 1897 NED GREENWAY WITH THE "POSH" He Appears in Judge Camp- bell's Court as Com- plaining Witness. Tells the Story of How He Was Bunkoed by Robert Law- less, the Ex-Jockey. The Jury, After Fifteen Minutes' De- liberation, Brings in a Verdict of Not Guilty. «I thought the joke wason me,” said Ned Greenway, leader of the four hun- dred, in Judge Campbell’s court yes'er- day afternoon, ‘‘and I wasn’t particularly anxious to prosecute ihe case.” The case was that of Robert Lawless, the ex-jockey, who was charged with ob- taining §8 75 from Greenway on Novem- ber 8 by trick, artifice and fraud. The defendant demanded a jury trial, and last Thursday the jury was impaneled, but as Greenway failed to appear, owing to being seized with ‘‘cold feet,” as alleged by defendant’s counsel, Archie Campbell, nephew or sixty-second cousin of the Judge, the case was continued till yester- day afternoon. C. D. Martimi, one of the jurors, failed to appear, and it was agreed to try the case with the remaining eleven. A bench war rant was issued for Martini’s arrest, and bis bonds were fixed in $300. After Prosecuting Attorney Spinetti bad briefly opened the case Greenway was called to the stand. He did not appear in the least disconcerted by the presence of the *push,”’ who crowded the courtroom ana gave his evidencs with easy grace and nonchalance. *Iam the representative of a cham- agne-house,”” he said in answer to the rosecuting Attorney. ‘I was quite sick last Thursday and was confined to bed in the Bohemian Club. ti8 not true that 1 was seized with ‘cold feet.’ **On November 8 I received a telephone communication purporting to come from T. 8. Williams, president of the California Jockey Club—a personal friend of mine— to the effect that some one would call with a package for bim, and 1f there was any charge to vay it I said, ‘All ngnt.’ went out of my office for a' few minutes, y 10 look out for the package, and when I returned he told me that a young man had been there with = package, but the charge was ‘100 steep’ for bim. 1 waited til twenty minutes past4 and the defendant came in. He handed me a package, saying it wasmed cine for a horse and 10 keep it in a dry He said the charges were $8 50 and cents for himsel. I gave him the money and he wrote out a receipt. Ithen telephoned to Williams and he said the package could not pe for him. “I met Williams in a day or two and explsined what had occurred.” Did he pay vou the money?'’ asked | the Judge. ‘‘He offered it to me, sir, but I refused it,” replied the witness with offended dig- nity. Continuing he said: *I had a conver- sation with the defendant in the City Prison after his arrest. He asked me not to do anything till his father had spoken tome. Isaid nothing to him. He was shown the package and said he recog- nized the handwriting on the paper. In cross-examination he said: *“I did not acoept the money from Williams. I thoughi the joke was on me and I wasn't paricularly anxious to prosecute.” Re-examined he said: *‘I thought the matter stiould be reported to the pciics, and did so, afterward swearing to the com- plaint.” Everett Harris, the belibov, and Police- men T. B. Gibson and T. Sullivan were also examined. ment, the prosecution was permitted call other people who had been victimi by Lawless and Joseph Scanian, Tenth street. Charles O'Donn-ll, driver of an express wagon, and L. Osborne were called and testified, each producing the package on which he had paid charges. Archie Campbell moved that the Judge instruct the jury to acquit the defendant on the ground that the prosecution had not established a prima-facie case, which they couid not do unless they got the evi- dence of Williams to show that he had not sent the telephone message to Green- way. The Judge denied the motion, saying it was better to let thecase go to the jury. The defendant did not take the stand and counsel went on with their arguments, Archie referring to Greenway as “the leader of the four hundred, who treads on velvet carpets and seeks to send this poor boy to a dungeon cell.” The jury was instructed by the Juadge and afier fifteen minutes returned with a verdict of not guilty. Lawless was promptly arrested on another charge. Then, after a long argu- to THE SAFE 700 STRONC, An Unsuccessful Attempt to Crack That of August Pistolesi, The Burglars Were Novices or They Could Have Broken the Anti- quated Box. An unsuccessful attempt to crack the safe of August Pistolesi, a grocer at 752 Washingion street, was made last Sunaay morning. Pistolesi says he noticed a Chinaman banging around the store Saturday even- ing and when he asked him what he wanted received a non-committal answer. The grocer thinks that while he was put- ting out the lights and getting ready to close the store the Chinaman sneaked in and concealed himself. Inthe morning the front doors were partially open and the back door entirely open. Through this entrance it is supposed that the ac- complices ot the first man made their en- trance. The burglars were evidently novices in the art of safe-cracking, as they were un- able to get into the somewhat antiquated safe in the store. The hinges were taken off, and the men being unable to get the door open, then attempted to pound it in with an ax they found in the building. When they found it impossible to break in the heavy iron door they tried to pry off the top of the safe, but were unsuc- cessful in this also, though they made quite a crack in the safe. A Chinese woman living in the third «tory of the building heard the pounding, but thonght it was an earthquake, The men took nogoods from the store and seemed to be after money alone. There was about $100in the safe. Tue police nave been notiried of the at- tempted robbery and are working on the case. 1 sued by J. D. Burdick, & }quor salesman, to | recover for personal injurles the sum of $10,- | 000. The complaiut alleges that tae plainiff while watking in front of the defendants’ | place of business on June 17, 1896, was se- | verely injured and confinea to bed by | having a ‘heavy sign in the form of a lion’s | | | | ELOPED WITH A STRANGE AN Henry Holz, a Brewer, Asks the Police to Find His Wife. heed, weighing seventy-five pounds, fall upon foot, and that the accident was due to the negligence of the defondants, from whom he now asks the stated damages. WAS A CRIME COMMITTED? The Police Investigating the Reported Drowning at the Ocean Beach. The police are making an effort to find who the man is who was supposed to have been drowned 1n the surf near the Cliff House on Sunday myrning. | L ; ol bat day four | She Disappeared Last Friday Shorily before shffrise on t men in a hack drove up to the Golden With HE‘I TWO Miflfll‘ | Children- Gate Villa on the ocean boulevard and | tried to induce the bartender of the place to give them liquor on credit. They re- mained in the saloon a short time and then went away. About fifteen minutes later three of the | men came back. One of them was | drenched with sea water, and he and his | companions said one of iheir number ran i Before Leaving the City She Dis- posed of Their Household into the surf and was carried out by the : undertow and lost. The man who was Furniture. wet said be ran in after able to save him. The hackman told the same story as the | three men he had in nis carriage. - One of | the men was known to the bartender usiH ““Sheeney’’ Lewis, and they called another | Adam, but the others were strangers. The | yesterday afterncon and invoked the aid three men shortly” afterward drove off in G s §ogas be g ? | of Chief Loes and his men in finaing his him, but was un- With tears streaming down his face, enry Holz, a brewer living at 449 Te- hama street, visited police headquarters It is believed by the proprietors and | Wife and two children aged 8 and5 years. “I know she has left me for another,” employes of the Golden Gate Villa that a | the vicinity of my home, and I demanded to know what ne was doing t replied in a carele-s way, started to question him he walked away. ““Whnen I accused my wife of receiving his attentions she became indignant and threatened to leave me. *1 begged her on account ot our chil- | dren mnot 10 break up our happy home, and she finally conseated. For several years past I have worked in breweries in this citv and have always provided for my wife and children. Recently I no- ticed that my wite was rather cold toward me, and becoming suspicious I deier- mined to watch ber. Convinced that the stranger had won her affections I laid in wait for him, intending to kill him, but unfortunately I dia not meet him.” Holz is determined, however, to slay the usurper of his happiness. | “I bave purchased a revolver for that purpose,” Le remarked when teliing his troubles, “and when I meet him he will have to wer for stealing my wife and children, Holz believes that the eloping couple are in San Jose. He has wired the Chief of Police of that place to arrest them and hold them pending his arr val. A BIG MAN-EATER CAUGHT, Taken by the Fishermen on the U, S. Grant After a Hard Fight, The men on the fishing-boat U. 8. Grant, owned by Achille Paladini, caught a man-eating shark yesterday afternoon. | He becama entangled in a net with other | fish, and the men bad a lively time land- ing him, as he fought desperately to keep from being taken. He measured eight feet from tip to tip, and was evidently quite an old one, as he had three rows of teeth. He was a wicked- looking customer as he lay on the deck of the boat anchored at Fishermen’s wharf, and attracted considerable attention from the people along the water front. LOOKING TOWARD OALIFORNIA. A Large Number of Settlers and Vis- itors Expected Here Soon. W. H. Miils, land agent of the Southern Pacific Railroad Company, states that the prospects for California were never better than they are at present. Inquiries for California Jands have been received from | all parts ot the Union, and indications are that there wil! be a great many visiiors here from the Northwest and from the Eastern S.ates who will spend the winter, if not settle here permanentlv. “During the month of November just past,” said Mr. Mills, ‘“there have been more lard sales than for any one month sicce 1859. The people are beginning to learn that California is agarden spot and they are anxious to get homes here, away from the blizzards of the Northwest and the rigor- of tne Eastern States. “One circumstance which will redound T BLOODY HATCHET. 1 ! 7y 22 LEES AND GUNST HAVE KISSED AND MADE UP. Chief of Police 1. W. Lees and Police Commissioner Gunst have buried the hatchet yesterday in the office of the head of the Police Department. and the white-winged bird of peace roosted Lees was bapoy at the reconciliation, but he spoke of it in ashort, scrappy way tnat indicated that the handle of the hatchet was still above the grass roots and that the spot of its burial was careiully marked. The reconciliation came about when Commissioner Gunst attached his signature to Police Department for the next two years. the commission making Lees the Chief of the Guust, at the annual meeting of the Police Commissioners on Monday, opposed the election of Lees as Chief, and it is reported said some very tart things regarding the veteran head of the force. He was in the minority, howeyer, and when the other two Commissioners stood firm for the reappointment of Lees and Lees was declared Chief for the nexttwo years Gunst graciously acquiesced and added his signature to the commission. That act was a balm to the outraged feelings of Lees and peace megotiations were commenced at once, bui they were and are still of a distant character. Chief Lees said yesterduy that the breach between himself and the Commissioner isnot as wide as one paper published on Mis:ion street would like to make the publiz believe. “My commission.” he said, “appointing me Chief of the Police Department was signed by all three of the Commissioners &t their meeting on Monday, and as yet 1 bave failed to find that there is any great fight on between Mr. Gunst and myself. Ihave been too busy with the nickel-in-the-slot machines and cleaning out the dives to find out how great an enemy I have in Mr. Guast, but when he signed my commission I take it that he is not opposed to me as much as some people have been led to belleve.” ——————— e man was drowned in the surf, and the po- lice believe that a crime might have been committed. They base the belief on the fsct that if a man met his death in the breakers under such circumstances a re- port would have been made of it by his companions if they nad nothing to fear. = L Stopped the Fight. The Excelsior Athletic Club, at Eighth and Foisom streeis, was 10 have given a boxing entertuinment last night. As the first pair of boxers stepped into the ring Sergesut Mc- Manus appeared and, after learning that the club had failed to secure a permit from the Board of Bupervisors, refused to allow them to figat. Tnere were fully 500 people in the house, and they le!t vowing vengeance against the police. —————— Divorce Suit Filed. Kate Tillotson has filed suit for a divorce from her husband, Semuel Tillotson, on tearfully remarked the sorrow-stricken kusband. *“My God, what will become of our chiidren?”’ Hclz, when questioned, said that he went to Sacramento last Friday in quest of employment. He returned yesterday morning and on going to his home he was surprised to find a *To Let” sign on the house. Suspecting something wrong, Ho!z went inside and found the place barren of furniture. 1 at once realized that she had de- serted me,”’ lugubriously remarked Hoiz, “but to think that sbe would deprive me of our darling children!" The indignant husband further said that for several weeks pa-t he suspected that his wile intended to leave him. “Only a short time ago,” be said, “I discovered a strange man leaving my .- Lion Head Out of Place. Wesley & Heidt, proprietors of the metailic cornice works at 224 Mission street, have been bouse, Iasked him bhis business, and he answered that he was a solicitor for sume book firm, “A few days later I again saw him in statutory grounds. E s E1op that cough with Low’s horehound cough syrup, price 10c, 417 Sanscme st.* greatly to tne benefitof California,” con- tinued Mr. Mills, “iis the fact that the yel- low feverscare has driven the thoughts of settling inthe South out of the minds of mostof the peop e from the East who con- templated locating there, if not perma- vently, at least for the winter, The con- sequences will be that a great many oi those people will look toward California, | for herecan be found the best of climatic conditions without any of the drawbacks. Iexpect that there wili be a great many vis- itors to the State this winter.” —————— No License ¥ees to Be Refunded. Phe Judiciary Committee of the Board of Supervisors decided yesterday to Teport ug+inst the refunding to owners of nickel-in- the-slot machines the license fe s paid beiore | the prohibitive order went into effect. ————— Insolvent Saloon-Keeper. George Fisher, a saloon-keeper, has been de- clarcd insolvent. He places his liabilities at $1087 90 aud states that he has no assets. CHARGED WITH CRIMINAL LIBEL Fremont Older, City Editor of the Bulletin, Before the Grand Jury. The Evening Sheet Ordered to Prove That One of Its Statements Is True. Judge Oampbell NaturallyWroth That He Was Said to Have Taken Straw Bonds, The Grand Jury spent most of yester- day efternoon listening to witnesses in relation to a charge of criminal libel that Las been brought by Police Judge Camp- bell against Fremont Older, the local editor of the Builetin. Sidney Killet was arrested some time ago and heid in custody on two charges of having burgiars’ tools in his posses- | sion. | Judge Campbell admitted him to bail in the sum of $1000, or $500 on each charge. Chris Newman, who is an expert in the employ of the Grand Jury, was instructed to look into the bond, and after an inves- tigation reported that Herbert Juige, who qualified as & surety, did not appear on the assessment-roll as the owner of the property he stated belonged to him while swearing in asa surety. The Bulletin published an article stating that Judge Campbe!l had accepted a straw bond in the case and commenting severely on the action of of the police magistrate. Judge Campbell was naturally wroth, and wnen the matter was taken up by the Grand Jury he summoned witnesses to show that the property that Judge had described as his own had been acquired | after the assessment roll had been made | up and that the bond was periectly good. When called on to tesufy Judge Camp- beil told the jury that either he or Olaer should be in jail. If the bond was not good he wanted 10 go to the jail and if the Bulletin charges were faise he wanted an indict- | ment for criminal libel brought against the local editor of the evening sheet. Older and a counle of reporters who were concerned in writing the iibel were cailed to testify and spenta few uncom- foriable moments explaining their con- nection with the affair, | xiert Newman was also called in and told of his investigations. The jury did not decide wnether or not to bring an in- “ictment and may hear more testimony in the near future. RE-ENACTING LAWS. The Committee on Finance and Taxa- tion Framing Provisions for the New Charter. The Charter Committee devoted last night’s session to the question of finance and taxation. J. P. Dunn, chairman of | the sub-committee on these subjects, in- cluded many clauses of the present con- solidation act in bis report, and besides he submitted the entire act of the Legis- ature o 193, known as the ‘“fee bull,” which the Supreme Court recentiy de- clared unconstuitutional. In the same sec- tion 437 of the Political Code on the pa ment of claims has been inserted, a pro- vision by which all claims against the city from its employes which are not pre- ented to the Treasurer within one month after they become due are declared barred forever, un.ess the Supervisors should re- vive the same inside ol six monthe. | The committee adopted the section as presented by the sub-committee. OAPITALISTS AT WAR. Andrew B. McCreery to Bring Suit Against A. J. Brittan. There is war between capitalist Andrew B. McCreery and capitalist A. J. Brittan. McCreery is a multi-mil.ionaire and Brit- ‘an is said to be worth thousands. The trouble is over a note given Mec- Creery by Brittan on May 23, 1896, for $4300, payable thres months afier uate. Suit to recover the amount will be filed to-day. H. H. McPike is attorney for McCreery, who at present is in the East, e Butler Surrenders Himse!f. Jobn Butler, cne of the men who is accused of rubbing Charles Bogart at Ninth and Brau- nan streets early Sundsy morning, surren- dered himsell to Captain Spillane last night and was cnarged with robbery. Foss, his ai- eged accomplice, was ai:charged yesierday oy Judge Low. Butier has been positively ideutified by Bogart as the man who held his «rms while his confederate searched his pock- taking all tue money he und. Woman is never in 30 great and so real danger as she is when she neglects to take proper care of herself and take the right precautions during the period preceding motherhood. 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