The morning call., 1890-07-29
KERR AND COGAN.
Three More Eye Witnesses Ex-
amined Yesterday.
Variety of Opinion as to the Number and
Position of Those Who Took Part in
the soufis.

Police judges Court Department was
again crowded yesterday on the occasion OF
the preliminary examination Of James W.
Kerr, the fouudryman, who'shot and killed
Edward Cogan Oh the morning. OF June 26th 4
last. -" - =. .>:~,-..-
Frank Gallagher of 433 Ivy avenue.<a
brass-fnisher by occupation, was called;by
MIR. Darwin out:of the regular order, be-
cause he was expecting to leave The city
any moment, and once away it would~oe
impossible to find him again. Gallagher
was an eyewitness te the affair and ue-
scrihe( it substantially in this manner:
81 got of the street-car at First and Mar
eet streets about 6:4O O'clock in the morn
ing and started toward Mission. Some dis
lance ahead of NE l saw man in q gray
suit walking along, and beforehe had gone
far he was joined by~another man. EVIL
IDENTIFY a lahorer. Soon after crossing Mis-
sion street | saw several men Jump out
from behind some place Of conceaiment
and attack these tive PERSONS.
1T was, regular knock-doWn fight, and
the two parties attacked seened~to be get
ting very much the worst.of it. In min
ute or two, the man in a gray suit, that
have since learned was. Kerr, bat whom /
ran up tie. street toward tile Occidental
Foundry. In another minute his COM
panfon broke. away, his face all covered
with bruises aud ran in the same direction
Kerr was followed by one er TWO men, and
when the. other man fed tbeysall started in
pursuit Inoticed that Kerr had pistol In
his hand While running.
KERR TOOK NO AIM.
Did you see him fre?" asked Mr.. Oar
win. -
doorway and then turned around and fired.
He appeared to go in first, then came out
and fired. He mad his pistol in his hand all
the time. L dent think he took aim, be-
CAUSE be hardly had time"
"What was his position with relation to
the others when he fredY'
a Should think he was about forty feet
away from the man he shot. i saw Clausen
at the tine, but don't think he had apistol.
l didn't see any"
i'WAat was the position ofKerr's hand? 2"
at was about straight or level, / should
think"
ties wefe?"
81 do not. They jumped out from in
front Of the Pacific Foundry as tine men
passed. ] saw them grab Clausen, aud
they grabbed Kerr in the same manner
about the neck. / should think there were
about dezen in the attacking party. The
man Nho first struck .C!ausen aftcrward
ran across tile street. DON'T know how
many times he was knocked down"
Upon cress-eXamination by Mr.. Koran
the question was asked.
Did you do anything when you saw the
man make Sign?" p
No, sir, replied the witness; nothing
more than watch them.
what did they first do to Clausen?"
They commenced to punch him"
"WhO?"
The man who caught him around the
neck"
did you see any one strike him?''
"Yes, sir; several times the man who
caught him punched him in the face. Both
the men were being punched in the face.
I'm pretty sure there were about a dozen IN
the attacking party"
How far did Kerr 60 before turning?"
He went to the entrance of the Occi-
dental Foundry, and then turned to point
pistol at man following him."
Who followed him?
81 don't know who it was, or didn't
then"
The PISTOL WAS N HIS HAND.
"Was there any fighting when the shot
was fred?"
hundred feet away"
Kerr didn't fire till he got to his own
place, did he? asked the counsel.
"R,U, sir. lie went inside his door, ap-
parenly, and was out Of sight ] should
walk back"
Are you sure he was. carrying his pistol
in his hand? ?"
Yes, sir; he had his pistol in his right
hand"
Now, didn't you say at the Coroner in
quest that the defendant pulled his pistol
and fred?" asked Mr.. Koran with sharp
No, sir He put up his pistol and
fired"
" Where was the deceased at that time?"
think about forty feet away. After
tile Shot was fired 1 saw. him stagger and
TALL right across the curb"
You say. you are going Tomorrow"
Continued the attorney, changing the line of
examnation,abruptly
YES, sir. Pm going.to British Columbia.
for good, / think"
81" When did You decide to go?"
Last Thursday" -.
MIR. H0ran questioned the witness very
closely 10 discover If he had been instructed
what to.saX OF influenced at alfin his testi-
mpny, but tie young man declared posi-
lively that he had said nothing about the
case to any one, and had not been instructed
as to what he should testify to while on the
WtneSs-stand.
Clausen, KerT's companion at the time
OF the fuss, was. calleu again, simply to be
asked il he had been su0penaed as wit
ness at the CoLoner's inquest. Replying in
the negative he was excused.
William Hanrahan, a machinist at 10
Stevenson street, was next called, and tes-
titled thatat the time of the shooting he was
in i restaurant nearly opposite the Occiden-
tai Foundry.
"When | came out Of the restaurant"
said lie, - saw some men scnfiliTg. Fin
ally one got away. 1t was Mr.. Kerr, and lie
had no hat on. He ran up toward his
foundry and tried to get in at the door The
men, who were following him, saw that lie
had pistol and yelled out, Hes got
"Where was Cogan at. this time?" asked
Mr.: Lloyd. -.
Kerr's foundry Kerr, after trying TO get
In at lis, door, but finding it, fastened,
turned and walked back to the edge of the
sidewalk, pistol in hand"
q Did he shootat once?"
" Yes; right away. l don't think he had
time to take aim. After the shot was fired
Cogan staggered toward the sidewalk and
fell"
Ibid you see Clausen?'
well, saw the man that was jumped
upon by, these men. never saw him before
and don't know that have since"
Could you recognize that man il you
we're 10 see him againH
Clausen was brought in for Identified
tlon, but the witness said he could not
recognize him. " When l saw him that
morning." he explained, "he was dressed in
working clothes. and his face was covered
with blood. l think at the. time the shot
was fired lie was nearer to Kerr than any
one else"
Are you sure about the number who
participated in the fght?" asked Mr..
Koran on cross-examination-
ONLY FIVE IN THE FIGHT.
" am sure that there were only five per-
sons. When Kerr returned from his Office
door the nearest person to him was about
thirty feet away, and as soon as this person
saw him coming back with his pistol in his
baud lie started to run. 1t was at that in
slant the shot was fred, and then every
body ran"
"Did.you know the deceased?"
81 was OILY slightly acquainted with
him-just from his being around the
foundry, but did not recognize hin until L
saw him fall after he was shot,"
Isaac L. Burton, who owns small MA
chlne-shop at III First street, was the neyt
witness and when referred to the time Of
the shooting and asked to tell What he saw