The San Francisco Call. Newspaper, February 9, 1902, Page 8

- Amount Term in Stolen. Prison. $12 0—John H. Wood, allas Frank Graham, an ex-soldler, stood up Phillipe Grell at the corner of Pine and Sansome streets on the night of December 11 and robbed him of a watch | end ring. Grell resisted and held Woods till police arrived. | Woods was convicted and s entenced to Folsom ..Life; or about 5 years. Nothing—Fugene Cazeneau held up Charles Romano with a pistol in | the early morning on Broadway. Romano grabbed the pis- | tol and kept Cazeneau covered till police arrived. For this | essault, which netted Cazeneau absolutely nothing, he was 2 years | i $1 about midnight on Third street, for which crime both | were convicted and sentenced to Folsom. Frank Johnson 7 years | William Collins.......... . e rarehiarelos oo A PERTR $100 00—Robert Thompson waylaid &farmer in the doorway of an alley off Fourth street, knocked him senseless and robbed him of years | stenographer for the Standard Oil Company, at the corner | of Jackson street and Van Ness averue, shortly béfore | midnight and robbed him at the point of the pistol. ¥ Then they boldly passed the police station, one block/away, where their suspicious actions attracted attention, and Nel- son was caught with the pfunder. Davis was taken later end both were convicted / Frank Nelson to Folsom........ vears sdward Davis to San Quentin L2 = Z vears Williams waylaid a saflor in a doorway ack Davis streets one night in December, knocked him | d robbed him. Was caught before he could escape. and after being convicted was sentenced to Fol- $18 00—Albert R. Davis, held up and | robbed Ja Small. He was pursued and caught by the J after being identified by his- victim w con- | ent to San Quentin 10 vears | ..201 years estion every one is If and everybody g of apprehensio And not withoat body knows, for the the winter in San Chief of ¢ Detective worst in vears ed fn a double »of that the ques- me something more ter of idle jest he most hard- in the West Police. and robbing the and in m hem wh red did expectations. more than a hundred and nearly fifty ar- for this crime sihce ovember. In the same one hundred and fifty ave been taken prison- up on innumerable charges , which the 1lied of closely e accused 1 t are guilty rimes. are women mplain to ak 50 densely crowded with awalting trial that the that they have beca don several important ts d other undesir- re looked upon with there is mo place t 1 g the long periods tk se before they be brought an able congestion of the jails rand Jury to action, and Colonel Chs Sonntag. Presiding Superior Judge and assign four more Judges to elr turn have been try- 3 n olice make themselvcs oers by passing long of highwas ree months been sen- Folsom and ggregating over two hun- t g theft of $135 50 combined plunder One man n San Quen netted him abso- Another thug, who tim down and robbed him secured In zny p t r, only went half a k w t spoils of his crime before lodged in jail His were speedy and years in San Quen. was to catch such murderous foot- pads as thes Witt- T r the oui- citizen: two weeks ago Policeman of Missic strict was shot thres mbers of the ernity of low W wh who have been Fr isco from their Zast through the combined ce and the 1son’s deatn g series of isational de- own the peo panic r became hrown into If the thugs w to kill even the s, what hope was unarmed citizen? shooting of Ji zen, recently ph ar- Policeraaa the Mission m Pedro stopped to in- as to his where- who was in eitizer’'s watching the younx tain actions for d to investigate, but nnouncement that a policeman he sed man's s rome Now thoroughly convinced with, man to a criminal to deal led upon the fleeing when Pedro, who was ckbon ca emed quite likely s pursuer, did not stop, the po- hiceman fired, as he says, at the ground, but the bullet hit the fugitive im the back and he was found several hours later ng dead upon the sidewalk more than = block from where he had made lis escape. Following =o quickly upon the heels of the m rder of Policeman Robinson, this ragedy thrilled the city with horror, It was the very reverse of what would have been expected under the cir- cumstances. The sudden and hitherto unsuspected possibility that the belated wayfarer would not be able to distinguish iend from foe in the darkness made the »ok doubly foreboding and gloomy e man who is out late at night has to consider only four possibilities wherein he may fear danger is lurking. He may be stopped by a friend who recognizes him. He may be approached by a stranger seeking information of time or place. He may be halted by a policeman thinks his actions need investigation. Ha may be held up by a footpad, or al of them, bent on robbery or vio- who Those are all, but with two tragic deaths as the outgrowth of thé last two possibllities, thousands of men, and women, too, who are kept out until th small and early hours by pleasure-seek- ing or duty and whose way toward home lies through dark and unfrequented dis- tricts are trembling with fear and won- dering what.are their rights, under the circumstances, that will insure their safe- ty. And so it is that the question of what you ought to do if you are stopped by a footpad, which was {he by-word and: jest of the city ups took place, has very serious problem The question has been asked by the Sunday Call of the men best qualified to answer it; the men who have been held up and plundered by the thugs, who tei now grown into a what they would do it held up again, and the men of the law who have been engaged tor years in the busi- ness of thief-t And the gueston has been answered “l(»h st ling variance of circumstanc. and opinion by Chief Wittman, who!tells the rights of the citizen, the rights of the policeman, the rights of -the footpad and what to do if you meet this man; by Dis- trict Attorney Byington, who outlines the law on the subject; by Chief of Detectives Seymour, who describes the zone of dan- ger; by Policeman Taylor, who shot and captured Henderson, the leader of the desperadoes who kilied Policeman Robins son, after a sensational running fight and who points out some of the risk: the po- men are subjected to by w ng citi- zens' clothes; by Attorney Stephen Cu: tello, who encountered the Henderson g4ng on the fatal night, and not only de- clares that he is carrying a revolver for instant use when the next attempt . made to rob him, but who cites an inci- king. dent which shows how thoroughly the citizens are aroused over the recent crimes: by Rix N. Hamlin, who was stood up once without resistance and sa he would do the same a, n: and by Samue D. Palmer, another victim of a lone high- wayman, who alsc has theories of his own “Let’'s dispose of sald Chief Wittman absolutely none, celves his the footpad first, “Ie has no rights; moment he con- 2 crimes his rights cease man’s hand Is set against him, ‘or H]Em to be. He only needs to execute his vicious plans to plac i r»nl;;:-l\' beyond the pale of the law ® Pl “If you should meet this g would you do? If he tpemun is armed, and of course he is, for he would never think of operating without a weapon—if he is armed, and you are at can you he better part of wisdom s to stand and deliver. is determined to ve your money - nd if you resist he kill you, and en what~ good is ar money? T 's: what I would do if 1 stopped by pad. Effective - re- sistance is so mucn a matter of circum- stance that no set rules can be applied He may be bigge than you., He may keep S0 far out of reach that you can- not grapple with him and disarm him before he can shoot. Unless he is * ' a hardened or a o practiced criminal he may be almost as badly frightened " you “are. ~Nearly every footpad counts on success through the elements of sur- prise and boldness. He comes upon you suddenly and startles you out of the thought of resistance. 'If you can turn the tables on him suddenly you may find the elements of surprise and boldness quite as strong in your favor, but:if the footpad is desperate enough to attempr 4 hold up he is usually desperate enough to shoot. “On the other hand you have the right to kill any man who stops you with felon- jous intent. The law gives you that right and protects you in it. If a man enters your house to burglarize it, or with other felonious intent, you can kill him, and you have the same right if he tries to take your property from your person by force, or a show of violence of any sort, but you have no right to carry weapons of any kind unless you first recelve a per- mit from the proper authorities. “In these strenuous times, however, the best way is not to carry much money or valuables at night, so that if you are un- what were foot- when the first hold* THE SUNDAY CALL S i ] TSE— - PP e T AR A po fortunate enough to be held up,you won't suffer much loss. And, as T said before, because the footpad counts upoh boldness and surprise as the chief elements in his attack, it is best to walk close to the outer edge of the sidewalk to guard against sudden attacks from dark door- ways or blind alleys. When the highway- man observes that you are on your guard he is likely to fear that you are also armed, whether you are or not, and to give you as wide a berth as you are en- deavoring to give him. Besides, the outer edge of the sidewalk glves you a wider field of operation, if a chance offers for effective resistance and you decide to take advantage of it. “The rights of the policeman are the same as the rights of the citizen. - The rules of the Police Department require him to carry a revolver, but he is not al- Jowed to use it except in defense of his life or to prevent the commission of a felony or the escape of a man he has seen commit a felony or a man whom ke is sent to arrest on a warrant. He has the right to stop any eitizen whom he may think is acting in a suspiclous man- ner and require him to give an account of himself, where he lives, what his busi- ness is, ‘where he has been and where he is going, and if the answers be not satis- factory he has the right to search the man he has stopped, of accompanying to the address he has given as his home and of taking him to the police station for further investigation and a closer search if_the circumstances seem to warrant it. In view of the tragic death of Joseph Pedro, what is a citizen to do when he is accosted by a policeman in _citizens’ clothes? How s he to tell that he really is a policeman and not a footpad? These questions were put to Chief Wittman. ~Easily enough,” he answered. “Every officer is obliged 'to call out that he is a policeman and to exhibit his star when approaching any one on the street while he s In citizens’ clothes, and no good cit- izen will refuse to stop and answer all questions honestlv and frankly. He will be glad to tell who he Is, where he lives and what he is doing, and he’ll be proud to know that the officer is 8o wide awake to his duties. No; no honest, upright cit- izen is ever afrald of an officer. Ordin- arily it is only the criminal—the man who knows he is guilty and has something to answer for—who runs away. The possibility that the daring footpad might adopt the same methods and mas- querade as a policeman, which was feared by Joseph Pedro and which is a :rowlns dread with hundreds of other men an women, was suggested to the Chief. He laughed at the possibility. n , in all my years of experience in the Police Department I have never yet heard of such a thing,” he sald de- clsively. “No; that is the very last thing any one needs to be afrald of. The foot- cad would be taking too many risks. e might find that the man whom he had stopped was a bona fide policeman “And we want the footpads to hold up the policemen. That is one of the rea- sons (I ordered them to wear -citizens’ clothes. If they would only stand up a few officers we would soon clear the city of the vicious element. Another reason WHERE MOST OF THE HOLD-UPS TAKE : PLACE. By Captain of Detectives Seymour. | There have not been so many hold-ups in years as have occurred this | winter. They are due to a varlety of causes. First, the strike is accounta- ] ble for a great many. Then a large number of soldlers are being dis- | charged from service in this city. They soon spend their discharge money and turn to the highway to recoup themselves. Then the rigorous weather in the East and in the Klondike particularly drive the criminals this way for the winter. Most of the men who have been robbed, however, were drunk or befuddled with drink. The records of the cases prove that, and most of the hold-ups have occurred in the district bordering close upon the Hall of Justice, where the saloons are so numerous. As to the wisdom of officers in citizens’ clothes, you will have to see the Chief. That is his order. l -+ me time calling out that I was an 2 the officer. “Lucky for you I called out first before firing,” sald the druggist when he rec- ognized my voice, for it was he who, hearing me in the store, had grabbed a sun and rushed out from another room was that the citizens’ clothes were abso- lutely necessary, not only to catch the footpads, but to capture burglars and those guilty of grand larceny as well. “When the men are in uniform with the star in full display they can be dis- tinguished for blocks even on the dark- est nights by their general outlines, if bPrepared to shoot. y no other signs. The thieves know this The door had been left open Suflu b{ and lay low until the officer has passed &ccident and in line with my duties along his beat. Then, setting a man to Was obliged to investigate. Had I been watch him, they have a clear field to In uniform he could have recognized me operate. The policeman, even after he &t & (laflt‘e cut‘lln;d against (l? show has detected them, has no chance to Window, but as I was In citizens’ clothes sneak up and catch them unawsres, any other man In his position might have shot first and called out afterward. Still another view is taken of this sub- ject by Attorney Stephen Costeilo, who Wwas accosted by one of Henderson's gang on the night they .killed Policeman Rob- inson. I wasn’'t armed that night,” he sald, “but 1 am now, and if I was held up & second time I think I would shoot, unless And they are too clever to be taken any other way. They would know him for what he is at a glance, and, as he can- not use his revolver except in extreme cases, they are sure to escape. “If he only suspects them and attempts to follow them in uniform, they are on their guard at once and can keep them- selves at a good distance ahead of him there were circumstances to prevent it. ready for instant flight at the first alarm. “I can’t too strongly condemn the praoc— But in citizens’ clothes the thieves cannot tice of officers wearing citizens' clothes A detect an officer so readily and he has & jinstead of their regular uniforms. Both better chance of stopping and searching Joseph Pedro and Policeman Robinson them for weapons or the tools of their craft before they even suspect who he fs. In this way we have caught some of the most expert and notorious burglars in the business this year. ‘“With so many hold-ups and burglaries taking place, the only recourse was to order the policemen into civilian dress. You can easily see the wisdom of that for yourself. The policeman, however, is taking more chances than anybody eise, for he may be held up as a private citizen, or he may be shot as an officer when he makes known h identity, as Policeman Robinson ! Policeman Taylor, the hero of the fight with “Kid”’ Goucher, “Brownie” and Hen- derson of would be alive now but for that fact. Criminals will never fight policemen in uniform. Instead they always give them a wide berth, and Joseph Pedro would rot have run from Crackbon to his dea if he had been in uniform. As it is now. no one feels safe at night. “As an fllustration of this let me cits a little incident ‘that occurred ahortly after these double tragedies. At the lodge I attend the regular business of the even- ing was almost completely lost in the discussion of the recent hold-ups and the shooting. Suddenly some one asked how many men were armed, and fully 9 per cent of those present produced weapons and declared they would use them. That shows how mu: the ‘“Wegg'’ gang, supplies ach the men of the city are g00d evidence of the possibilities of this WIOught up over these affairs.” latter phase of the case. He is @ tall, .On the other hand, Rix N. Hamlin, ‘who was held up by Nelson and Davis at Jackson street and Van Ness avenue and robbed of two dollars at the point of a istol, says that if were held up again e would submit t as readily to the ordeal he did the first timu fine looking young man, with a clean-cut tace and the supple figure of a college athlete. Dressed in a fashionable over- coat and a broad-brimmed Alpine hat of the latest design,”he might be mistaken for anything but‘a policeman. He was - about_us stol | ht . =g Ned G Raan it RN it using a pistol is all right, AT atia i Tived but when a footpad has & gun in your Ot v e ald. Tt {s like face you're it, that's all. Of course I a horse accustomed o the harness. One Would never bé startled at being accosted feels very uncomfortable without the nni- DY & Policeman in citizens’ clothes. ¥ou form. Of cou it has' its advantages. C2D tef thems By Shelr WAL, o o et One can get closer to suspicious charac- A& thelr clothes makes much differ- ters without causing alarm, and the cn o8 "ICE FOE, T e chances of catching a criminal unawares TS® Q7€ WA 07 U8 OCCT o b paimer, are much greater. But it has fits risks, Lp® 08 @008 PR 0 up by a lone for one Is liable to be shot by a footpad or a burglar, as a private citizen as well as officer, or to be shot by the private citizen as a footpad instead of an officer. who stepped suddenly from t a pistol in £ $7, presents a highwaym a doorwa relieved him of the case. “An adventure I had the other night “«q¢I“ele held up a second time T Ullustrates this. 1 found the door of & would do the same thing over again— drugstore at Sixteenth and Market streets quletiv submit.” he sald. “I don't go wide open. At first glance it looked as grmed now for the reason that I might If the place had been entered by bur- ghoot an officer in citizens’ clothes who glars, for where a light should have been happened fo stop me, instead of a real burning the place was in absolute:dark- footpad. How is one going to teil the ness. 1 walted awhile to see what was gifference in the dark? doing, and then, fastening back the lapel of my coat under my star to keep it in plain view, I cautiously entered the store, and, after groping about a few moments, And so on the whole the question of what you would do If you wers held up by a footpad is still a perplexing problem, which every man must answer for him- struck a match to light the gas. self, with the chances apparently very “Instantly came the order ‘Throw up much against him, no matter how he your hands!’ Instantly I obeyed, and at acts. o+ pEmman THE LAW FOR POLICEMEN, CITIZENS AND FOOTPADS. By District Attorney L. F. Byington. ‘An officer upon a warrant is justified in killing ons accused of faslony if he resists or flees. A killing to prevent an escape after a felony actually tted is justifiable. comxnx:l making arrests in misdemeanors and In civil suits, life can be taken only where the party arrested resists by force, and not when he merely S AP Gitizen may justify the taking of life when necessary to prevent the | commission of a felony. To justify homicide there mu: be reasonable grounds to believe that a felony is about to be committed. A citizen has the right to kill in the prevention, but not in pursuit. The footpad has absolutely no rights when he commits an overt sect. ——— ——————————sp