The morning call., 1890-05-15
1T WAS A CASTOR.
Proof That Cbenoweth MistoOk
1t for a Pistol.
Interest Increasing in the Arnold Triai-A
Number of Witnesses Testify on Be-
half Of the State.


Interest In the Arnold trial is increasing and
the crowds that flock TO Judge Murphy's court
room TO listen to the proceedings grew larger
day by day.
Yestelday morning the members OF the Gar
ness family, clad In deepest mourning were early
on hand, and their tears flowed freely as tile wit
neSses detailed the events of the tragedy.
Arnold is still accompanied in court by his two
br others, and they listen eagerly 10 every word
uttered.
When the clerk raped for silence al 10 o'clock
yesterday morning the prosecution placed John
Farley on the stand. Said Mr.. Farley: There
were number of gentlemen in my saloon-the
Rchelieu-on the night of the alteration be-
tween GaIness and the defendant. Among them
were Messrs. Hart and Ward. The first intlma-
ton had of any trouble was when Hart came TO
me and told me 10 look out or there would be
murder. / walked UP behind Arnold who sat
with his hand In his oyercoat pocket. and when
he saw me- he arose and went out"
J. Nj. Chenoweth, proprietor of the Peerless
Saloon testified as 10 his kuoNledg OF the shoot
Ing.
Attorney Delmas then asked him: Did you
stIike your fool against pistol on The 1oor OF
the m?''
My foot struck an object which believed TO
be pistol"
On redirect examination ne was uuapIe 10 say
positively that IL was pistol.
KNEw A PISTOL FROM sPITTooN.
He was asked by juror If it might not have
been spltloon, but replied that he thought lie
knew the difference between pistol and a spit
toOn. THIS he stated, was Immediately after lie
had diSarme d Arnold.
by consent the testimony OF II. +. Band, who
is absent from The city, was read. NJ new iacts
were elected.
A j. Wheeler, real estate agent, stated that
he had nna n rle IA nnn a
noon Of The tragedy, ana had there met blanche
Rivers. While sitting with her In Parlor lie
heard several shots and immeda ely ran out.
Saw neither GarnesS nor Arnold and heard no
loud conversation.
When Blanche Rivers took the stand she was
heavily yelled, bull was ordered BY The court to
expose her face Size stated that She had met
Mr.. Wheeler al The Peerless, and Willie there
hear q The shots. HearQ nothing else TO indicate
that tleIe was any one in The cjoluIng room.
CHARLES Nash, police SCI geant, Identified
pistol shown him As tie one given him by Cheuo-
Beth. In lie i've chambers there were five
empty cartridge shells. He stated that lie had
escorted Arnold to jail, but that the latter had
refused TO make ANY statement concerning tie
shooting. lie was not cross examined.
Harry j. Lask, au Insurance agent, stated that
he WAS standing opposite The Baldwin, on Mar,
ket street, when The shots were lied. He rushed
10 The Peerless aud saw GaIness sitting III
chair. Garness Was yeiy weak and fell into his
aims.
AT This point a recess was taken until O'clock.
AFTERNOON SESSION.
When the court reconYenced at that hour
there were number OF prominent citizens OF
Colusa III tile room, aud Judge BIIdgefoId OF
Colusa aud Judge Jones OF Trinity occupied
seats by lhe side of Judge Murphy.
Joseph VI. Ward Ut lie Examiner was the first
witness callo d, ana Testified that lie had met the
de1eu dant twice, once ii The OccIdenJa ANA once
al tariey's saloon, about ILTee weeks before tie
shooting. He observed nothing unusual at The
Occidental. On The same evening ne met Car
ness auu Arnold al tarleys, and there was
slight alteration between the TWO men. He
was not quite sure as 10 what passed between
them, but lie heard Arnold call Gainess liar,
TO which GaTness made no response. WlIueSs
SAW 10 display oil force aud did not know what
gave Use 10 The tiouble. Arnold, he stated, had
q, his right hand in his oyercoat pocket.
"Gamess, Arnold ana myself" lie continued.
" we've seated by a table IN a private room at lie
member from a half TO threequarters Of an
hour, and Lad sever al drinks with each other"
" Dad you notice the pocket III which Arnold
had his hand?'
Yes, Sir"
What attracted your attention to it?"
Tie exciting language"
Can you describe the appearance OF the
There was no appearance OF anything in the
pocket but tllr hand"
SIDED WITH ARNOLD.
On cToss-exdmuaIlon he stated that Arnold
and Garness hao three or four drinAs together.
That when the aitercallon arose he was rather
Inclined 10 take sides against Garness aud spoke
10 him ehldlngly, telling him 10 Keep quiet and
avoid Ialsing a disturbance.
Miss KATE Lawson, saleswOman In the glove
store adjoining Ihe SALOON was then called 10 the
stand, aud stated that sue head sound like
hsmmeriug, which she supposed 10 be the shots
alleged 10 have been fired by the defendant.
Shortly alterwdrd she picked up bullet from
the floor and found a hole IN the wall through
which II had evidently come. She was then ex-
cused without cross examination.
j. Meyer, proprietor OF lie glOye-store, was
then examined and knew but little about the
DIR. Williams, a former City Physician, testI-
FED that on the afternoon OF January 30th lie
saw Garness al Tie Peerless Saloon, and that
the Latter was suffering from the effects OF four
hat n elf q Ia
bullets from Tie body of Tie deceased, and
identified TWO handed him as the ones cut out.
ceiying Hospital and attended lin uHtil his
death, which occurred about O'clock on the
evening evening Of me shooting: I9id the dying man
he vas linen cIoss-eXanlined by Attorney
Delmas. Had gone out Tor short time, and on
Ietur ming found GaTness In dying condition.
then Iold linn That lie had but short lime 10
live.
LITTLE MIXED.
Attorney Delmas then referred TO the official
record o1 tie preliminary examination on Feb
TuaTy 13lh, in which the witness had stated al
that line that lie had not told Garness that he
was dying, but on the contrary might have said
sOmethiug OF encouraging nature Witness
then acknowledged That lie had not told Garness
that lie was DYING but Lad told his broLher-in-
DR.. Morse followed DR.. Williams and testified
that lie had Informed some Of The attaches OF The
hospital that Garness was dying. 1his state
menI. lie added, Was brought out by a cOnsuLa
ton which had been called BY Dr. Williams.
w, d, y.
ceased, was assed if ihe latter had asked him
any questions during the evening following the
shooting.
going to die and l told hin he was. He then
asked lie 10 20 to the lodge and pay what he
owed u the A. y. U. W., as II must be paid al
once"
Ibid he belong to any other association"
'Yes, sir. He belonged TO the Odd Fellows,
but lie said nothing TO me about his dues with
ihat order. lie asked me on my way to stop anc
tell his mother that lie was dying, and 10 ask he r
10 60 10 him."
did lie say anything TO you about his rea-
uons VILE Arnold"
GARNEss' DYING STATEMENT
HE said Arnold came TO him and apologized,
and asked MIN TO take drink with him; that
they went into a private room and ia lew
moments Arnold began shooting at him."
Did you remain in he rOom?"
went OUT and returned in few moments.
him."
He was asked by Attorney Demas II he had
told all that GalneSs had said ~ him. Witness
replied that be had.
Did you ask him why Arnold shot him?"
DID he say what the cause Of the trouble be-
tween HIM and Arnold wasp
mo, sir"
"Haye you been instrumental In aiding the
:. cannot say that have. 1 have not con-
trlbuted dollar TO pay the penses for counsel"
20 Did you not call on Mr.. DARWIN"
before dying"
Lat was VIC OOJcSl vi Jo"i NIsitT
was asked by Garness mother to employ
an attorney for her."
Did she tell you to employ MIR. Darwn?"
"No, sir. She left that TO my discretion"
show loug were you in MIR. Darwlns Office ?'
"Ab0ut half hour"
What was the nature OF your conversation ?"
I'VE discussed tile question OF compensation"
WAS that all You talked about 2"
Eyes, sir"
''Did you visit Mr.. Darwin again2''
al dd."
"what WAS the nature OF your subsequent
visits?'
81 called In to see how the case was getting
along"
KEPT 1T TO HIMSELF
Aud never told him in all that time about this
alleged dying statement"
'NO, Sir"
"When the statement was offered In the lower
court you dio not come forward 10 strengthen the
postion?"