The San Francisco call. [volume], March 19, 1899, Page 16, Image 16

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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16
CRUEL MURDER
OF A BOY BY
A CONSTABLE
Fred Desirello, at Colma,
Duplicates the Wanton
Crime of Rosser.
fIEPUTY SHERIFF FRED DESIRELLO of Baden deliberately and
*■*•"* without the slightest provocation murdered James Johnson, a
17-year-old boy, at Colma last evening about 7:15 o'clock. The
crime was as atrocious as that of Walter Rosser, who shot down
Henry Hildebrand in the Spreckels Market several months ago.
After seeing the result of his wanton act Desirello threatened to
kill two boys who accompanied his victim, and also pointed his pistol
at a bystander who called for a doctor to minister to the dying
boy, and declared he would put a bullet in any one v. ho moved.
The murderer Desirello is In the
Redwood City Jail and the victim of
his lust for slaughter lies blood-stained
and cold in the little parlor of his grlef
atricken sister's home, not far from the
scene of the killing.
No one can Imagine what impelled
the peace officer to deliberately
murder an inoffensive boy who was in
no wise disturbing the peace or who
had not spoken a word to his slayer.
Young Johnson with two other lads,
John Yaccari and Henry Jansen, aged
16 and 14 years respectively, was riding
on a milk wagon when Desirello, with
out warning of any sort, fired three
shots at them. The first bullet struck
a wheel, the second grazed the rim of
young Jansen's hat and the third pen
etrated Johnson's neck, severing the
main artery, causing almost instant
death. The bullet entered the right
side of the neck, passed completely
through and cut the Jugular on both
sides. The boy jumped from the wagon
when he was shot, sank to the earth
and expired at once. A few moments
later the body of the poor youth was
placed in the same wagon and conveyed
to the home of his brother-in-law, J.
Guglimoni, who lives a short distance
from the streetcar line.
Young Johnson has been stopping
with his relative for a few days while
he was out of work. He is an apprentice
molder and his parents live at Eighth
and Folsom streets. His father is the
engineer at the Fairmount Hotel in this
city. A messenger was sent from Colma
to inform the unhappy parents of the
cruel fate which had befallen their only
son, and late last night they reached
the death chamber, where the body of
their boy lies. The poor mother's grief
v. as terrible when she saw the closed
eyes and bloody lips of her son and she
vainly tried to embrace the remains,
but the Coroner had not arrived and
she was forcibly restrained as no one
could be permitted to touch the body
until that official had viewed it.
Disirello committed the murder just
at twilight, in plain view of several
bystanders, and but for his wife it is
more than probable he would have shot
down one or two more people. He was
not drunk, though he had taken a few
drinks, and he appeared to be perfectly
sane. When Johnson sank down, ex
piring, with the blood gushing from
both sides of his neck, saturating his
clothing, the murderer ran over to him
and looked uncompassionately upon
the dying boy. When the body was
carried away he sent his wife to a
nearby saloon for a drink of whisky,
which he gulped down, and then went
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over to the home of Constable Dan
Nevills and gave himself up.
He told Nevills he had shot the boy
because he was driving too fast, and
when Nevills attempted to arrest him
he resisted. Thus he added a falsehood
to the capital crime.
Half a dozen persons saw the boys
driving by the White House and they
were not going rapidly. These eyewit
nesses declare that the horses could not
travel a mile in six minutes, even if
they were running away. Desirello
was not the peace officer of the town
and no one expected him to make ar
rests for fast driving, should the occa
sion arise.
The shooting took place in the cen
ter of town, directly in front of Belli
Bros.' store. . The rapid reports of the
three shots startled a number of per
sons in the saloons and stores and they
rushed out to ascertain the cause. They
saw the Deputy Constable, pistol in
hand, rush over to where his victim
had fallen, and heard the murderer
threaten the two frightened boys who
had so narrowly escaped a similar fate.
It was no fault of Desirello's that he
did not kill all three.
John Vaccari, who was driving the
team when Johnson was so wantonly
slain, was sitting beside the dead body
of his companion when he gave the
details of the crime. His face was still
blanched from the fright he received
and the threats of Desirello. The boy
said: .-:■..■
"About 7 o'clock I hitched a team
to a milk wagon to go over to Belli's at
Colma and get two bales of hay. As I
was driving up town Jim Johnson
asked me where I was going, and he
jumped in to ride with me. A moment
or two later Henry Jansen also got into
the wagon. We turned the corner in
front of the "White House and crossed
the electric car track to go to Belli's
store. Just then Desirello came out
in the street and began shooting at us.
"He did not shout or say anything
at all. The first bullet struck the wheel
and Jim Johnson said, 'Somebody is
shooting at us.' Then another bullet
whistled by, ticking Henry Jansen's
hat, and the next thing I knew Jim says
'I'm shot.' He never uttered another
word. When the bullet struck him Jim
jumped from the wagon and dropped
down right on Belli's porch. I stopped
the team and Henry and
I also jumped out and ran to Jim. Hen
ry said, 'Some one go for a doctor.' and
Desirello turned furiously" upon him
and threatened to kill him if he moved
a step. Desirello waved his pistol in
the air and shouted that he had 'three
bullets left for any one who made a
move.'
"I asked the Constable why he shot
at us, and he told me to 'shut my
mouth or he would put a bullet in me.'
"By this time a crowd had gathered,
and some one said Jim was dead. A
man started to Baden for a doctor, and
Jim's body was put In the wagon and
taken home. "We were not driving fast
and I do not know why the officer shot
at us. When Jim was lying on the
ground Desirello said we were driving
too fast and might have run over a
child and killed it. I told him I was not
driving fast, and he said I lied."
Henry Jansen, the other boy on the
wagon, corroborated his companion's
statement in every detail.
The Coroner was notified of the mur
der and he sent word to Colma that
a jury would be impaneled to-day.
The murdered boy's brother-in-law.
Gugllmoni, is the city salesman for
Rottanzi, the Mission street liquor deal
er. yv ■''''' -
The Chronicle Bar.
Mr. P. "W. Wobber has opened to the
public under his personal supervision
at 644 Market street (under Chronicle
building) one of the most beautiful bar
rooms of the city. The bar and interior
finish are done entirely in mahogany,
the soft pink tint of which forms a
pleasing contrast to the solid white
of the tile floor and the light, delicate
shades of the walls and ceiling. Two
paintings of unusual merit decorate the
walls. One, "Health to Our Guest," the
other, "A Slave Merchant rat the
Harem,'-' are works of art. The chief
feature of the Chronicle Bar will be the
purity and quality of its wines and
liquors. Mr. Wobber extends a cordial
invitation to the public and connois
seurs to sample- his goods. *
A Carpet Was Missing.
Jerry Worrell, an expressman at Sixth
and Folsom streets, was arrested yester
day on a charge of petty larceny. He Is
accused by Mrs. Norah Barry, 9 Freelon
street, with stealing a carpet from a load
of furniture which he took for her from
Harriet street a few days ago. There
were three carpets, but Mrs. Barry al
leges that Jerry only delivered two.
Dr. Charles "W. Decker,
Dentist, Phelan Bldg., 806 Market. Special
ty, "Colton Gas" for painless extraction. *
FOUNDLING BABES LEFT
BY HEARTLESS MOTHERS
AMONG the manifold blessings that came probably with the rain were
two wee babies found on doorsteps recently after a shower. One, a
chubby girl, blue-eyed, golden-haired, and only a few days old, was
placed at the door of William Wyber*s residence, 2734 Folsom street. Its
only protection against the elements was a heavy black shawl. Upon this
was pinned a note stating the parents were too poor to take care of the
infant. It was so good and so pretty that Mrs. Wyber was almost heart
broken when a lady visitor who had just lost her own baby carried the lit
tle rain waif away to a secure home.
The second castaway was found by Charles Cohn on his doorstep at 208
Polk street late Friday evening. This was also a girl, and was wrapped
in a soldier's cape.* She has a dark complexion and is probably ' Spanish.
In her hands was a bottle of milk, with a long rubber tube and nursing
nipple. From this the motherless youngster was industriously extracting
her supper when Mr. Cohn almost stumbled over her In the dark. If she is a
soldier's baby her gallant father can find her at the St. Joseph Orphan
Asylum when he cornea home from Manila— that is, if the Filipinos don't
get him.
THE SAX FRANCISCO CALL, SUNDAY, ! MARCH 19, 1899.
IMPLORE THE COURT TO
LICENSE LAWBREAKING
The Scheme of the Promoters of
Racetrack Poolselling Is Finally
Made Plain.
Ask That the Original Restraining Order Against the
Police Be Restored— Judge Murasky Refuses,
but Will Hear More Argument.
THERE was no poolselling at Ingle
side yesterday, and a vigilant police
force prevented the hand books from
doing any business. The disgusted
gamblers could only stand around and
curse the authorities who have put a
stop to the blight which has too long
rested upon the city! It was the last day
of the two -weeks' season, and the asso
ciation decided to run off the card
whether or not the daily largess was re
ceived from the gullible public.
Realizing perhaps that the people are
determined to end poolselling at the track
and that the efforts of the police to en
force the law will be indorsed by public
opinion and upheld by the courts, the
gamblers remained downtown. Only a
THE LEGAL BATTLE FOR LAW AND MORALITY BEGINS
Ingleside's Attorney Asks the Court for a License Permitting the Pool
sellers to Continue Their Predatory Occupation.
few spectators watched the horses gal
loping around the track, and their inter
est was halfhearted. Chief of Police
Lees sent a squad of officers to prevent
betting, and his orders were so well exe
cuted that very little money changed
hands on results. .
The gamblers continued their efforts
through Attorney Ach, to secure a li
cense to resume their game, but nothing
to their advantage was. accomplished. In
the morning Judge Murasky denied a
motion to vacate the modified injunction
issued by Judge Daingerfield on Friday
afternoon, which left the Chief of Police
full power to carry on his endeavor to
stamp out a great evil. The cases of all
the men arrested at the track were con
tinued in the Police Courts until Monday,
as all the attorneys were engaged. in the
Injunction proceedings in the Superior
Court. ;-■-•' __ _
Downtown poolrooms made no attempt
to do business. Officers were posted at all
these dens, and their presence was suf
ficient to keep the places deserted. No
arrests for violation of the anti-pool law
were made during the day. .
The proceedings to determine the right
of the police to forcibly enter any place
to prevent a violation of law were con
tinued in Judge Murasky's court, but as
the Ingleside season of two weeks closed
ye_te?day the matter was postponed by
consent The question involved in these
n?Sceed ngs is a most serious one. and the
decision of the Supreme Court will haVe
an important bearing on future legisla-
Uon to protect society from the pool-
j If the contention of the Jockey Club that
a police officer has no right to enter any
nlace % amusement, church. or private
grounds to intercept the commission of an
unlawful act is sustained, then • all the
ordl-tances and statutes regulating gamb-
Un* and other vices are inoperative. The
attorneys for the people in the Ingleside
case contend that the enacting power
nlclssarily depends upon the constabu
lary for the enforcement of all laws.
and that the existence of a law is suffi
cient warrant for a peace officer to make
forcible entry to prevent crime.
District Attorney Murphy. City and
County Attorney Lane and Garret Mc-
Enerney are conducting the fight In court
for law- and order, and Henry Ach is the
champion of the poolsellers.
Judge Murasky held two sessions of De
partment 8 of the Superior Court yester
day to hear arguments on a motion to
vacate the modified injunction issued by
Judge Daingerfield, which permits the
Police Department to perform its duty in
enforcing the anti-pool ordinance. _,
Attorney Aqh, for the Pacific Coast
Jockey Club, sought to have the modified,
injunction vacated and the original order
by Judge Daingerfield, which was ob
tained on an ex parte statement, and re
stricted the police from entering the race
track gates to arrest violators of the or
der passed by the Board of Supervisors,
and subsequently modified on a state
ment of fact by the attorneys for the
Chief of Police restored. He based his
argument on allegations In the complaint
on which Judge Dalngerfleld issued tho
original order restraining the police from
interfering with the poolsellers. The
Jockey Club's attorney contended that the
other "side must move against the original
injunction by answer and affidavit and
that the modified order was in excess of
the authority of the Judge who made it.
He claimed the second order was improvi
dently made, adding: "You cannot cut
me off without an opportunity to be
heard," to which District Attorney.
Murphy replied:
"We have the right to proceed ex parte,
as you did, inasmuch as the injunction
proceedings are palpably an attempt to
tie the hands of the police— a most re
markable proceeding to prevent the police
doing their sworn duty." The District
Attorney further argued that the Pacific
Coast Jockey Club .had no right to move
to vacate the modified injunction, stating
that the modification was In fact and ef
fect an absolute abrogation of the orig
inal injunction. All the plaintiff could
now do is to ask for a new injunction,
which, he added, would be promptly and
vigorously, contested.
The application of counsel for the po
lice for time to prepare and file affidavits
and answer in opposition to the motion
to dismiss the modified order was bitterly
objected to by Attorney Ach. He drew a
pitiful picture of a large find vicious body
of. police forcibly entering the private
pleasure ground of a legitimate corpora
tion and devastating the property, fright
ening away the patrons and admirers of
an ennobling sport and otherwise invad
ing the rights of property and liberty
guaranteed to every individual by the
constitution of the United States and the
Declaration of Independence. The acts
of the police, headed by Chief Lees, the
principal defendant in this case, he con
tended, were a violent trespass, without
any warrant in law. At the conclusion of
Lawyer Ach's outburst Attorney McEn
erney had an inning. He said:
"We propose to show by affidavits that
a crime was being committed within the
Ingleside inclosure, and also that, the po
lice were not there to and did not inter
fere with the usual course of the horse
races in progress. The officers of the law
were there for the sole purpose of pre
venting crime. They molested none but
the violators of the law, and only per
formed their sworn duty in taking prop
erty, which was evidence of such infrac
tion of the law as was committed. We have
the right to file such affidavits, and the
court must grant us reasonable time in
which to prepare them.
"The plaintiffs' complaint," continued
Mr. McEnerney, "alleges that the police
were guilty of trespass, that they en
tered .and drove patrons from the race
track, and upon this complaint Judge
Daingerfield issued the original injunction
preventing the police from entering the
Ingleside grounds unless they paid the
regular admission fee, and further for
bade them taking any property from the
place. Upon application made by the de
fendants Judge Daingerfield modified that
order so that it read, 'Unless you, as such
officers, believe a public offense is being
committed, and then you are authorized
to enter.' y— . •-
"In our opinion the original injunction
was void upon its face," argued Mc-
Enerney, '.'and we were prepared to in
struct the Chief of Police to proceed and
defy, it, which we would have done had
not the modification been granted. The
police did not, as alleged in the plain
tiffs' complaint, intend to remove or de
stroy property, but slmpl" to take any
property used in an offense, to be im
pounded as evidence. This privilege was
also granted in the modification of the in
junction.
"To say the police shall not enter a
racetrack without due process of law is
extremely vague and uncertain, it being
in the discretion of any gatekeeper to
interpret what is due process of law.
This injunction was obtained, it is ob
vious, without due . process of law - and
for the reason that with the plaintiff's
connivance, procurement and consent il
legal acts were sought to ■; be * protected.
The plaintiff was intercepted in the com
mission of crime and in defiance of the
law now chooses to come into court with
unclean hands and ask equitable relief
at the hands of the chancellor."
"I may be. dull of comprehension," said
Attorney Ach, in answer, "but I don't un
derstand counsel's argument. Let these
men arrest parties they claim are vio
lating the law and we will meet them on
that issue. If the Chief* believes ' he has
the right to march into *" plaintiff's ' place
of business because he believes a law
is being violated he has a right to march
his men down into the Grand Opera
House if he hears | that some one may
commit battery on a man therein, and in
consequence clean out the house. The
acts « of the police are in violation of
every principle of liberty." v-7 ': 1
At this • point the : argument .went over
till 3l p. m. 'When court reconvened the
people s attorneys filed with the clerk an
answer *a -the • Jockey. - Club's y complaint, .
and a joint affidavit sworn to by Chief of
Police Lees, Police Captains Wittman
and Gillen, District Attorney Murphy,
City and County Attorney Lane and At
torney McEnerney. The answer contains
general and specific contradictions of the
allegation of the complaint, and the affi
davit recites the facts of the arrests at
Ingleside, and, further, that the modifica
tion of the injunction was not improvi
dently or erroneously made, but the re
sult of a full, fair statement of facts to
his Honor, Judge Dalngerfleld.
District Attorney Murphy asked that the
proceedings, which are of grave public
importance, be taken by the shorthand re
porter, and Mr. Ach resumed his argu
ment. He asked that his motion to va
cate the modified injunction be granted,
and disputed the argument of the other
side that the only remedy to prevent a
police invasion of Ingleside was to secure
a new order. It was conceded by both
sides that the court has the power to re
instate the original injunction, but Mc-
Enerney reiterated his contention that the
flrst order was void and that the second
necessarily fell with it, thus leaving the
police free to discharge their duty. Judge
Murasky interrupted the argument at this
point, saying:
"I have looked up the law during the
recess and failed to find any statute per
mitting the police to enter private prop
erty unless a felony is being committed."
"That makes no difference in this case."
interrupted Mr. McEnerney. "If the po
lice exceeded their authority and commit
ted trespass the complainant has redress
in a common law action, and not other
wise. The Jockey Club should have
brought a civil action and not asked for
an injunction, which will not lie."
Mr. Ach renewed his argument of the
earlier session and drew a simile of homes
and theaters being forcibly invaded by
overzealous policemen without warrant of
law. He conceded that a Board of Super
visors could not be restrained from pass
ing ordinances, nor could the police be
restrained by order of the court from en
forcing them. ' ,
"The question of selling or buying pools
on races," said Mr. Ach, "does not enter
here. The police had no right to force
their way through the gates of the Ingle
side track, even if they did believe an
ordinance was being violated. Suppose,
for the sake of argument, that Mr. F. H.
Green, the secretary of the Jockey Club,
should announce in public that he would
commit battery at the track some day
next week. The police could not arrest
him for that, nor have they the right to
march out there and force' an entry into
the track to prevent him from assaulting
any one. They could bind him over to
keep the peace and that's all they could
do. Admitting, even, that the order of
the Board of Supervisors is legal, still the
police have no right to enter the gate
without paying the usual admission fee.
"The very Idea is abhorrent," declared
Mr. Ach. "The Chief of Police has no
authority to arrest any person in advance
of the commission of an offense, and they
have no right to forcibly enter a private
house, a church or a place of amuse
ment." vy.yy
"There Is no contention on that, is
there?" inquired the Judge.
"Yes, there is," replied McEnerney.
"While we admit the rule we take ex
ception to it." yyy y
About this time the courtroom became
insufferably hot, the result of a cold
blooded bailiff's ability to build a hot fire,
and Attorney Ach proposed an adjourn
ment. He said his argument would take
up a couple of hours and in addition he
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wished to quote numerous authorities.
He suggested that the affidavit and .an
swer by the defense be admitted to file
and the question at issue be submitted on
briefs Messrs. Murphy and McEnerney
demurred. They preferred to argue the
case, and it was finally agreed that argu
ments would begin next Friday at 11
o'clock. Judge Murasky will devote that
day to the case, the time to be equally
divided between both sides.
Before ordering an adjournment Judge
Murasky announced that in his opinion
the modified injunction was in excess of
the power of the court and that there
fore the original might be in force. That
point, however, he will decide after argu
ments are made and precedents cited.
Replying to this point the defense claimed
that the court had no authority to issue
the original.
Mr. Ach then concluded his talk for the
day. He referred to the remarks of the
opposing counsel at the morning session
where he was accused of coming into
court with "unclean hands." "That cuts
no 'figure," he acrimoniously declared.
"The directors of the Jockey Club sought
to protect the association's property."
"You came into a court of equity,"
burst in District Attorney Murphy, "and
ask the court to license a violation of the
law."
"We are not asking for a license," r«
torted Ach.
"Yes you are," the District Attorney re
plied, "and you won't get it."
The hearing was then postponed until
next Friday. ***&*-__*
CLERK RICE OPENLY
VIOLATED THE LAW
An Ordinance Forbids Acceptance of
Bail Bonds • Outside Police
Court Chambers.
The action of Clerk Rice of Judge Con
lan's court in accepting bonds at the race
track last Tuesday for the men arrested
was severely, criticized by the police, but
Rice claimed that he had a perfect right
to accept bonds anywhere so long as the
sureties were responsible people.
Captain Seymour discovered yesterday
that Rice was guilty of a gross violation
of an ordinance passed by the Board of
Supervisors April 28, 1593, owing to the
practice of clerks of. Police Courts accept
ing bonds in saloons and other places at
all hours of the night. Section 1 of the
ordinance reads as follows:
The clerks of the Police Courts
shall be in attendance in their re
spective court rooms or offices at
tached thereto from 9 o'clock a. m.
until 4 o'clock p. m. every day in the
week, Sundays and holidays except
ed, to perform the duties imposed and
as required by law. The clerks of
the Police Courts shall also alternate
so that one clerk in turn shall be in
attendance at the court room or office
attached thereto every evening in the
week from 7:30 to 10 o'clock and on
Sundays and holidays from 10 a. m.
to 2 p. m. for the purpose of taking
bail bonds when a sufficiency and
qualification of securities are exam
ined into and approved.
The clerks of the Police Courts
shall not accept securities on bail
bonds except within the places and
within the time prescribed in this
section.
The. attention of the Police Judges will
be drawn to this section of the ordinance,
and they will be asked to see that it is
enforced.
Indies' tailor-made suits, fur capes, cloaks.
Credit. M. Rothschild, 211 Sutter, rooms «-7. "
BUY NOW— PAY LATER.
BABY CARRIAGES
ON SPECIAL SALErfT_^> C /-
THIS WEEK. AN EX-UfC-f.DU
TRA GOOD STRONG cDU
ONE, LIKE CUT. AT.... *r w
WE ALSO HAVE A FULL LINE
OF BABY CHAIRS AND CRIBS.
i IF THE "HOW" AND "WHERE"
ARE PROBLEMS, "CREDIT" IS
THE SOLUTION.
THE J. NOONAN
! . '■ Furniture Company (Inc.),
/0-7-/023 MISSION STREET,
Above Sixth-
Phone. South 14. Open Evenings.