Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-27
SOMETHING OF A LAWYER.
A BURGLAR AsToNISHEs THE POLICE
JUDGE WITH HIS KNOWLEDGE,
He Conducts His own Defense. and
CrOss-examines Witnesses
Very Adroitly.

very aurOitly.
1t is not infrequent that criminal bobs
up in the Police Court who has some
knowledge of law and things in a general
way. But one appeared before Judge
Buckley yesterday afternoon who simply
paralyzed the Court officials, and the Judge
himself said afterwards that had this indi-
ual devoted himself to the study of the law
instead of to chicanery and knaYery, he
would have made his mark.
The individual referred to was w. D
Kelsey, dignifed-looking tramp, who, in
company with Frank Blakely, was brought
up for examination on charges of burglary,
having about two weeks ago broken open a
freight car at the foot of Sixth street and
taken therefrom case of VINE and another
of eggs, which they afterwards Sold
Blakely turned States evidence and made
clean breast of the whole transaction.
He described how he himself had removed
the staple which held the lock on the cars
door in place. and how they both entered
and took the property mentioned.
Special Detective Ben True, of the
Southern Pacific Company, Freight
Agent Gay, and several other witnesses,
gave evidence which tended to corroborate
that given by Blakely, and Blakely was
held to answer the charge in the Superior
Court.
Kelsey had demanded a separate trial,
and pleaded not guilty. The same testi-
mony had to be given over again that was
heard In Blakely's case, including Blake
ly's testimony.
Kelsey had no attorney, and, as subse.
quept developments showed needed none
He took a seat at the bar and cross-exam-
ined each witness in a manner that would
have made Police Court practitioner burn
with envy. He subjected Blakely TO most
rigid examination, but the latter reiterated
his confession throughout, despite Kelsey's
bewildering questions.
Chief of Police Lee took the witness
stand, and detailed a statement made to
him by Kelsey, to the effect that he and
Blakely had found" the wine and eggs,
and, although he Kelsey knew that the
property had been "collared" somewhere,
he did not think any trouble would ever
come from it.
Kelsey contemplated the Chief with
comical, though scrutnizingly, look. $50 l
told you all that did | ?" he said.
That's what you did" replied the Chief
"Well, l didn't quite understand you
what did you mean by the word 'collared2"
why Stolen Of course-I used your
own expression" said the Chief, smiling at
the prisoners nerve.
Stolen, hey. Well, now suppose that
man walks along the street and police
man comes up and collars him-is he
stolen Pr
The Chiefs answer was drowned by the
loud laughter of the spectators and Court
officers.
Kelsey took the stand in his own behalf
and told a fairy-like tale of how he and
Blakely found the wine and eggs in the
brush near the river, and denied that he
ever went near the freight car.
How long have you been in Sacra-
mento 2, asked City Attorney Church.
Hold on there, now, " said Kelsey, point
ing at Detective True. 81 object to that
man putting words into the District Attor-
ney's mouth. The attorney has ability
enough, l guess to handle me and ask the
questions. If he has not he'd better get
out and herd cattle
This sally called forth another burst of
laughter from thespectators at Mr.. Church's
expense.
"Well, never mind that question, then"
said Mr.. Church. Here's another: Have
you ever been convicted of felony?"
Now, your Honor" said the slippery
witness, turning to Judge Buckley with an
appealing look, that's highly improper
question to ask. What has that to do with
this charge? It's only meant to prejudice
my case. If it was anything good about
me, you bet he would not inquire about it.
| have been endowed with some little in
telligence and a partial education, and /
can't help but see the Improperly of that
question. Besides, the law does not per-
NIT. If you will remember, the law says
that prisoner may not be compelled to
give evidence that might tend to criminate
him"
"Well," responded his Honor after some
reflection, 1.-The laws of California say also
that Ia prisoner may be compelled to state
whether or not he has ever been convicted
OF felony. | could show you the section
but it would take some time to look it
up"
II never heard of such law before.
guess you had better look il up and show
it to me before / answer the question"
well, If you have never been convicted
you ought to be glad to put that in evil
dence."
"Ah, but, you see, amt going to an
swer anything but just what the law says
| must answer. The law says that the bur-
uen Vi lue pIOOl luuSL De Oh tue prOSecu-
ton. See?"
The Judge started to look up the law,
but when Kelsey saw that the bluff would
not work, he stated that he would answer
the question. He did answer it, and it was
that he had been convicted.
When the case was concluded Kelsey
argued his own case on technicalities that
came very near clearing him. He called the
attention of the Court to the fact that the
only really material testimony against him
was that of Biakely. Now it's one GRIM
inal against another" said he; this man
says / did do it, and / say didn't Now,
is he any better than me? Where does the
| prosecution get in its burden of proof?n
The Judge smiled and said that the cir
cumstances were too strong for him to be-
.ieve other than that Kelsey was guilty.
The car was robbed, the stolen goods are
traced to you, and Blakely says that
| you -"
But, your Honor" interrupted the willy
Kelsey, suppose a dead man had been
| found in that car-would this testimony
hold me for murder? ~
His Honor looked non-plussed for a
moment, and then cut off further discussion
| by holding Kelsey to answer the charge OF
burglary before the Superior Court, adding
| that jury would have more time to listen