The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-06-15


". }. waiter.
". :. Walter was next called for the de-
fence md sworn.
Mir. VI .Allister-How long have you
lived III san francisco. MIR. Walters A.
-Four years next month, sir.
Q.-COnnected with any firm here sirl
An custadter Bros.
GLOW long have you known the de
fel d.nt, Adoiph b. Spreckess Al
should a, ABOUT a yearand nine months
after my last return n ON j ew \ ork.
Q.-Since you have known him, and pre-
ViOuS - the 18TH of November, 1854, do
you know what his general reputation for
peace and business was Al never
heard il quest oned. sir, and l never saw
him do anything that ought to be qu-s-
toned
you have known him. of assOciating with
him frequently Ayes, SIR, l became
most intimate with him.
An intimate friend OF hiss A.-Yes,
sir.
You were walking witt Adolph B.
Slreck els on The afternoon OF the 18th OF
November, 1881 Al was. sir, part of
that afternoon.
U.-What time was it that afternoon
that you met AdOlah Il. SpreckelS A.
l should say ms time in Tho neighbOr-
hood of n qua: ter TO five. 1 don't know
exactly the time, but that is aboJ tho
time that / got upon the street from my
Office.
Q.-Whcre did you meet him on that
street, near Gedry.
Did you JON him. or did he join you.
and walk togeth w e were coming
in opposite directions, and | was told he
WAC on the street and ii was usual that
we should walls together. / suppose il.
was kind OF mutual joining; he neither
Joi. ed me, nor did Gin him.
Q.-Was that common thing that you
and hP - AK sd togetAerf Al might say
an almost every day occurrence.
Mir. Camphel-Dont lead your witness.
Mir. Mcd llisler-Well. L get into bad
habits f>5m hearing the other side exaste
Inc.
N.-Do you recol.cct on what part OF
Kearny street you met him! You said
near the corner OF Geary. Al should
say about seventy live feet north of the
corner; that is toward California street. l
believe that is north. We we're on the
riYht-hand side as you walk toward Mar
ket, but we were walking toward
California street. As we Game to the cor
ner of Morton street Mr.. DE onnR anne
out Of the Elite saloon and swung round.
AS he came out his coat was 0uitoued, but
as he passed on he uRbuttOned his coat
and hurriedly put his hand in his pocket.
Q.-Put his right hand in his right-haRd
pockets A.-Y CO, sir; aud l turned to MIR.
kpreckels and remarked
marked
Mr.. McAllister-I think his remarks are
perfectly competent. We propose TO show
exactly what happened from that time.
Mr. De Young then, as the testimony will
show, walked in front Of Mr.. Walter and
Mr.. SpreckelS from that point, near the
Ellie saloon, corner of Morton and Koarny,
until he came to his Office, and Mr.. Spreck-
els Immediately passed into the office. fol
lowing NT. De Young. and the whole
thing is one transaction from that time
down to the time Of the shooting, and Mr..
De Young never passed out of the sight of
Mr.. Walter until he entered the Chronicle
office.
nRcnrrRd hatWaRn and
Mr.. Spreokels would not be proper evil
dence.
IN FRONT or THE ELITE.
Mr.. McAllister-We would like to be
heard upon that point. 60 the witness)-
/ will ask you nrst, before we come to what
was said. whether at that time Mr.. De
Young--the time he camo out OF the Elite
saloon-whether at that time Mr.. De
Young saw Mr.. Spreckels. Ale was
looking directly towards both Of us. / think
he saw me, and he must have seen Mr..
Spreckels.
Q.-How fer off were you and Mr.,
SpreckslS from Mr.. De Young as he came
out Of the Elite saloon! A.-WeL, the
distance between the entrance to the sa-
from the curb-whatever the width of it
is-on kearny street.
Q.-Could you tell whether he saw Mr..
De Young at that time or not! A.-Mr.
Spreckelsl
Q.-Air. Spreckels; yes. sir. A.-Wen,
am not so positive of that, because | was
looking towards Mr.. De Young. l was
not looking towards Mr.. Spreckels. There
was nothing to prevent him from seeing
him.
Q.-what kind of a coat did Mr.. De
Young have on at that time! Ale had
on q four-button cutaWay. All the but
tons were buttoned.
Mr.. McAllister-Ash he came out OF this
saloon all of the buttons were but oned.
jury what he did Ale ran his hand up
and slipped his hand in his pocket this
way-G little quicker than am doing 1t.
He then swung out, 1 should say, about ten
toward California 5 rect, and We walked
toward California street. He walked along
e Bush street and then crossed TO the
Chronicle office from there.
Q.-How far in front of you was Mr.. De
Young during the time he was walking on
the " est side of earny street and you and
Mr.. Spreckels were behind him, from that
time until he crossed to go over to the
that the average distance all OF the time
was ten, twelve or fourteen feet. 1t may
have varisd-it may have b, en- sixteen
feet-l don't think IL got as much think
the distance was greater than ten feet all
the time. / paid no particular attention TO
the distance between US.
Odd you notice any effect produced
upon Mr.. Spreckels by this sight al MIR.
De Young at the time he came out OF the
Elite sAlOonf Ale seemed to have gone
into a thinking mood Immediately -he
5eSUSu 10 nave DcSn---
Mr.. McAllister-It seemed to have an
effect on himl Ayes, sir.
Q.-And did he say anything to you
about Mr. De Young as he walked
alonRl A.-No, sir; not a word. Mr.. De
Young's name was never mentioned.
Q.-Never mentioned A.--No, sir.
Q.-NOw, then. when you got close to
Bush street, did you say anything to him!
Ayes, sir.
Q.-what was itl Al turned to him
md said
MIR. Campbell-One moment. We object.
Mr.. McAllisteT-Now we think. your
Honor as we understand this matter that
his IL part of ths res GesfCR. When Mr..
Do Young suddenly appeared in front OF
he Elite saloon and Mr.. SpreCkeis saw /
him, Mr.. Walter noticed the effect on
Mr., SprecEels. and he walked behind Mr..
De Young, on the west side of Il earny
treet, both parties going to the northward, .
md Mr.. Walter saw that Mr.. Spreckcl5 4
vas going to the Chronicle office. Some .
hing had happened that made him think .
%, ana he then turned around. without
tRting what the remark was. because | /
ont want to get il before the jury illegi.i-
nately, and he then asked Mr.. SpreCkeis .
What he intended to 90, aud Mr.. Spreckcls .
hen told him. Now the question is
whether at that point OF time, being per
APPS within minute Of the shooting, Mr..
preckels going over TO the Chronicle
flee. whether what he then said as to his
intent in crossing the street to go to thu
chronicle office is testimony. We submit
hat it is part of the res 0estCe.
or course understand perfectly that the
efendant cannot make testimony for him.