The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-07-26
ON HABEAS CORPUS.
Bail Reduced Of Those Held for
McBride's Homicide.
Judge shafter Thinks That Colonel Andrews
and Other Spectators Are as Culpable
as the Prisoners.

Exponents of the manly art of the prize
ring well nigh flied Judge Skaters court
room yesterday. all anxious to know what
disposition would be made OF the habeas
corpus cases of John Jewell, Joseph Bow
ers, Bernard Meyers and Timothy McGrath
This whole affair is SO fresh in the minds
of the public that little need be said in ex-
PLANTATION. About one month ago slogging
match took place in the Golden Gate Ath-
letic Club between two local sloggers named
Mcbride and La Rue. The entertainment
was interrupted by the sudden illness and
death of Mcbride. and the supposition was
that he was killed by the blows from his
antagonist.
On the following day J. j. Jamison, Sec
rotary of the club, George a. Liddle, time
keeper on the evening previous, Joseph
Bowers, who acted as one of the seconds
for La Rue, and the other three above
named, John Jewell, Bernard Meyers and
Timothy McGrath. mere spectators, were
arrested on the charge of manslaughter and
placed under $4,000 bonds. Jamison and
Liddle gave the required bonds, but the
others were unable to, and therefore had to
remain in Jail.
These wrlts of habeas corpus were OBJ
tanned to have the true nature OF their
cases brought to the attention of the Su-
perOr Court in the hope that the elements
of manSlaughter would be found wholly
missing in the evidence, and their release
ordered. j. n. E. Wilson acted as the at
tOrney for the detained members OF the
club.
THIS is ALL STUFF.
1t was first decided to have the short
hand reporter read all the evidence taken
at the preliminary examination, but alter
he had read fifteen or twenty pages OF Idle
questions and answers the Judge grew I'M
patient, and exclaimed:
Gentlemen, this is all stuff, and l don't
want to hear any more of it."
Mr.. Wilson. st is all stuff. all nonsense:
That is just what we have said all along"
To shorten matters, however, and have
the gist of the examination without having
to sft all the chatfy testimony, Assistant
District Attorney j. l.. Love and Mr.. Will
son agreed to have read only the testimony
of a. Andrews and Mr.. Wells. both of
whom were present ut the Knockout, also
that of the doctors who attended Mcbride.
Then you admit" said the Judge, that
these defendants were there, and that Nc
Bride died as result OF the boxing?
''Well. not exactly" replied Mr.. Wilson.
s'We will show that Mcbride died of some
internal disease, and that the boxing was
not tie cause.
At the close of the reading Mr.. Wilson
SpEduS 10 MS lttt anu eACldluitus
NOW. your Honor, submit that there
isn't syllable in that evidence TO show
that these young men are in the slightest
sense guilty OF manslaughter, or, indeed,
guilty Of anything more serious than being
spectators to an unfortunate affair. why
try them, and why hold them any more
than the hundred other spectators, Colonel
Andrews among the reSt?
MR.. WILSON ENiBoLDENED.
'Tthmk SO. too" responded the Judge.
There is certainly nothing in that evidence
to warrant holding the defendants for man
slaughter"
Mr. Wilson fairly overlooked with cour-
age at these remarks from The Judge, and,
without waiting to hear the order for the
discharge of his clients, burst out atresh:
Il undertake to say, your Honor, that
any jury in this State would acquit these
young men on the evidence against them
without leaving their seats, and 1t seems
like grave injustice that they should be
picked out of hundred or more III the
same position to endure imprisonment Tor
an oifeuse the shadow of which is not on
them"
Yes. yes; l understand all that, Mr.
Wilson," replied the Judge, but that Is
not the question here. 1t is not whether
others are equally as guilty as these defend
ants OF whether there Is evidence enough TO
convict them of the charge ON which they
are held The question is whether there Is
pTOUaDle cause 10 nom Inem 1OI LIIdi' L
think there is-not necessarily that they are
guilty of manslaugbter, but for being pres
ent aud encouraging prlze-tght."
MIR. Wilson was not as radiant after this
last remark by the Judge
Then" said he, why should not Colonel
Andrews and the other spectators be ar
rested and held Tor the same Teason?
THEY ARE CLEARLY ACCoMPLICES.
81 think they should" responded the
Judge abruptly, and with considerable feel
ing. Il admit" he added, that the pres
ence Of these defendants on that occasion
does not show malice, but where death en-
sues as a result OF the event they are clearly
guilty Of completely by their very pres
ence."
our Honor" pleaded Mr. Wilson, his
expression full of disappointment, they
can never be convicted II tried from now
till the end of time, and it is putting the
city to a needless expense"
That's not for me to settle" replied the
Judge. Il will not release these defend
ants, but think on the evidence the bail
Is fixed altogether too high"
81 think they should be allowed to go on
their OWN rec0gnlzance," suggested MIR.
Wilson.
No, wont do that, said the Judge. eff
l did they and Colonel Andrews would be
off to another fight before morning. Then
il somebody else were killed l would be
guilty OF completely"
The Judges drOll numor brought laugh
from all over the COURTROOM.
mo" continued the Judge, Pm not dis
posed to be lenient in these prize-fight mat
tiers. regard them as pest in the com
munity and disgrace to our city; and let
me tell you it will go hard with all such Of
lenses that come before me. | Will reduce
the bail Of Jamison, L,ddle and Bowers to
$1,000, and the others to $500"
This was better than nothing, by good
deal, and in minute the friends OF the
prisoners had gathered around them to az
range for giving bail and securing their re-
lease.
The petitioners were in jail last night
not having found anyone who would 60 on
their bonds and lIberate them, but they ex-
pee: to furnish bail today.