Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-09-23
THE SCOTT MURDER.
The Preliminary Examination Begins-Im-
portant Facts ELECTED.

The Preliminary Examination Begins-Im-
portant Facts Elected.
The preliminary examination of William
Anderson and Charles O'Brien, alias Flynn,
for the murder of Joseph Scott, in this city,
December Z, 1878. began yesterday before
J. q. Tubbs, Justice of the Peace. The
prosecution was conducted by District At.
torney Fl. L. Buckley and Charles I. Jones.
Frank d. Ryan appeared for the defendants.
1t was the desire of the prosecution to have
| the cases go at oncs before the Grand Jury,
aud thus avoid an examination, but to this
the defense objected, and demanded an ex-
animation. because it was the constitutional
right of the defendants, and because they
were ready for it, and had already been con-
fined in Jail some four weeks awaiting it.
The Court thereupon ordered the examina,
ton to be proceeded with. The first witness
was
JOHN j. HORTON.
He ssid thst December z, 1873, he resided
at the northwest corner Of Seventeenth and
streets. On the evening of that day he was
going home about 9 o'clock On the north
east corner of these streets he saw four men
standing. Witness was walking on the north
side of L street, in the direction of Seven
tenth. When witness was within about
fifty feet of his house, two of the men started
to walk across toward him. Witness went
into his house before they reached him. At
ter being in the house some time he heard
pistol shot. He looked out of the window
and saw three men running along the south
side OF | street, toward Eighteenth. One
wore long-tailed frock coat.
JAMES IyEY
Was next sworn. He testified that early on
the morning of the 9th or 10Th of December.
1878, he was in Stockton. He saw defend
ants there. He met them and two other men
with them. He met them at the corner of
Hunter and Second streets Witness and the
men went into saloon and took drink.
Edwards lone of the men) asked witness if he
had seen any of the Sacramento papers Of the
day before. Witness replied that he had not.
Edwards then said " The truth of the bust
ness ia we have got into very serious diff
Guilty in Sacramento" Edwards, continuing,
said they (the FOUR had been surprised by
man and had killed him. Witness asked him
# 1t was an ofhcer or a citizen. Edwards re.
piled that he thought it was an officer. One
Of the men whom he knew as "Smith" asked
witness Tor little money, as he wanted to
go to Benicia or Vallejo and ship out of the
country. Witness took $50 gold piece out
of his pocket, had it changed at the bar,
and gave him (Smith) 81 80 or $40,
He did not remember which--it was
enough to pay the fare of the men
to Benicia or Vallejo. Witness then sep.
arated from the men, and he saw them no
more. Witness that morning went to Mil.
ton, Calaveras county, and there be first
heard of the murder of officer Scott in Sac.
ramento. He saw it in paper. Witness
then went to San Francisco the next day.
In San Francisco. on the 18th. detective Dan
Gay called on witness, and he (witnessl told
him all he knew about it. Witness was
asked if he had seen the four men since then,
and he replied that he did see three of them
otter thst-it was in the State Prison at San
Quentin. The three were the TIVE defendants
before the Court and Thomas Hamilton.
On cross-examination witness said he (wit.
nessl was an old State Prison convict. He had
been out OF prison about two years when he
met the men at Stockton. Witness repeated hi,
former statements, and in reply to question
as to whether it was usual for criminals to
tell each other of their crimes, he said that
II all the circumstances are taken into con-
it is not strange thing for men
of mis- class to tell each other of their crimes.
Witness, in his statement, left the impress.
sion on the hearers mind that it is by no
means uncommon for convicts to relate to
each other their adventures and crimes. He
sal4 DcCu DtOuRuG TO from
the State Prison at San Quentin two weeks
ago, and had been kept in close confinement
ever since. Witness said, in the course of
his examination. that twenty EIGHT years
ago he knew Detective Gay, when he (wit-
ness) was a man of respectsbility, and had
not committed crime. Since then he had
committed crimes and served terms in
prison, but Gay, while he lived, never
forgot what the witness had been,
end anN
IG was on one of these visits that he
told Gay of the Scott murder. Witness said
he formed the acquaintance Of defendants in
the State Prison. He (witness) had been in
the State Prison three or four times, but had
committed no crime that he had any hesita-
ton in telling about. He denied that he had
ever been "a stool pigeon" He had never
been witness in any other case. -Four or
five months after witness had met the four
men in Stockton he was himself arrested for
burglary and was convicted, aud for that
crime be is now imprisoned, his time not ex-
piring for some three months yet. When he
arrived ID State Prison he found four men
there, and in conversation with Hamilton
once or twice, Hamilton said he thought the
matter had died out, that il, the killing of
Scott. In answer to question witness said
he had never told of the Scott murder to any
other convicts in State Prison. He aaid that
no Inducements had been offered to him to
come to Sacramento to testify. He came
voluntarily. He had never before bsen taken
ont Of San Quentin to serve as a witness.
He never had any trouble with Hamilton in
State Prison, nor did he ever speak TO he de-
PENDANTS there about the murder. He first
saw officer jackson when he visited San
Quentin. Witness was positive as to the
identity of defendants.
CYRUS BOYER
Was sworn. He was Waterman in the
jail at Santa Rosa, December, 1873. He
saw these men In the prison at Santa
Rosa. Edwards aud Hamilton asked
him for description of the jail at
Sacramento. They were discouraged whsn
they heard mis- report. He told them that
the Sacramento Jail was very strongly built,
and surrounded by high wall, and that the
ceiling was very strong. They asked him
next about the jail where they were then
confined. They would then go back to the
cell and converse to the other two about what
he had told them. They inquired concerning
a long coat-if witness knew where it was.
When any stranger would come in they would
inquire if ne was from Sacramento Edwards
burned up his coat and shoes while in the
all at Santa Rosa. He overheard a CONVEX.
satiOe between Edwards and O'Brien about
breaking out of jail. One night he heard
them tsmpering with the ceiling, and found
they had drilled hole through the ceiling
with poker. He notified the jailer. and
they were removed and confined thereafter
in an iron cell. Anderson and Hamilton
were anxious about their clothing, and wanted
to know if it had been taken to Sacramento
j. BLOOM,
Late City Marshal of Petaluma, was TIE
next witness. He was Marshal there in 1873.
He knew defendants, and also Edwards and
Hamilton. They were camping in buuc
of willows, about mile from Petalurna, the
day before Christmas, 1873. He had three.
quarters OF an hour conversation with them.
| They were cooking dinner, and had fine
roast of beef over the FIRE. He asked where
| they came from, and they replied from Sauce
| Ito Thar said thar ,ysra or, rnr,ta III, +ho