The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-08-01
UNDER ADJUSTMENT.
Koran Thinks Kerr Should BE
Held for Murder.
a Young Witness Who Testified That he Saw
Cogan Strike the Aecused-DeciSiOn
This Afternoon.

:
the accused would be held, and in; what
sum. if at all, he would be admitted to bail,
caused more than usual interest to attach
yesterday to the examination, and the at
tendance was correspondingly large: 49, - =
The only witness examined was young
man named Walter Dennan. who resides at
IVA Folsom street, and who for eighteen
weeks has been an employe in Mr.. Kerr:s
foundry. =" 49,. ~ q
where we're you." asked Mr.. Darwin
ION the morning of June 26th?'.
Il had just come down Howard street
| from my home, and was at the Occidental
Foundry ten minutes before O'Clock. p"
did you. see any one that morning p
YES, sir; saw Mr.. Kerr and Mr..
Clausen coming toward the place:
What else did you see?"'>.: -. - =: .s
FIvE"MEN JUatPED OUT.
81 saw five men jump out from the Pa
cifc Foundry and jump ION them. Four of
them jumped on Clausen and one Kerr"
"tWhat did they do ?":
"They commenced to punch: both men,"
'"What do. you mean: by punching
them" -.:%:.:
"Why, beating them on the head"
:. " Did you. see any one do anything to
Kerr?" - ~ :. .. =. :. F..
Yes. sir, saw cOgan@hit Kerr in the
head" II. -. ~: - -. =.
where was this2''' r: =: = LIZ: !. =.
g On the sidewalk in front Of the Pacific
Foundry" -. :: =. /.
what did the men do % ...
Kerr broke away and ran toward his
shop. Cogan chased him. Then Clausen
got away and came running up just behind.
| the other men chasing him" ~.
i" Where did Kerr run TOP" -:
- He ran up to the door of his shop and
yelled Philip Then he turned and walked
back a few steps" =
. Did Cogan see Kerr have pistol ?"
/; Yes, sin; - r.
- What makes you think SOP" asked Mr..
! Darwin seductiyely.. :
Well, because he turned to run as soon
| as he saw the pistol coming:
! KERR TOOK no AIM.
"Then what happened pr . r.
| The pistol went OIL l don't think Kerr
took aim; he didn't have time"
:. Did you know. any of the parties at
! lacking Clausen?' :. 49,
"Only one of them. -: -. r .
"Did you see them doing anything?"
"Yes, sir, L saw them take his pistol
away from him and beat him on the head
| with it,"
Now, what do you mean when you say
: Kerr pulled his pistol?''..
/ !" he pulled it from his pocket"
81 think he pulled it from his pocket"
How far away was Cogan about this
time?"
"oh, / should think about five or six feet
Ibid Kerr take deliberate aim at Co.
No, sir; it looked to me as if the pistol
went of accidentally, IL was done so
| quick"
| The young man then explained how Co
| pan wi md he
which he staggered and fell. also the pD-
! sition of Clausen at the time, which was
| not materially different from that given by
the other witnesses.
MR.. KORAN CRosS-EXAMINES.
Mr.. Koran crOss-eXamined the witness
| very closely. The young mans record Tor
years was brought out. Previous to his
| going to work for Kerr, however, he was
not employed, except attending night
school, and carrying in his mothers coal
| and kIndling during the day.
Ibid it take you all day to carry in your
mothers kindling?" asked Mr.. Koran.
| mo. sir"
well, then. what were you doing?"
Cumming" responded the boy.
| "NOw, you said. didn't you, that these
five men came out of door in the Pacific
Foundry?
NO; he didn't say anything of the kind"
interrupted Mr.. Lloyd.
Yes, he did, replied Mr.. Koran.
| this time rather warmly.
! well, l say lie did" replied MIR. Koran,
| springing to his feet.
And l say he didn't" exclaimed Mr..
Lloyd. also jumping up, and don't pro
lose TO have this testimony clipped in this
| sort of: manner" ~:
Finally, after a few short ard sharp
rounds, the shorthand reporter was called
! In as referee, and the exact language was
| found to be that these men came out of Il
| nDOr :plnSn the EonuHyV
KERR WAS ON THE SIDEWALK.
You say Kerr ran up the street; nOw
/ did he walk or run, ana was lie in the street
| or on the sidewalk? continued Mr.. H0ran.
He was on the sidewalk"
| -" Did you hear him say anything?"
-. Yes, sir; when he ran up.to the door Of
his foundry he called. out Phil Phill'"'
Did he gointo his Office Pr
Yes. l think he did, and then right out
| again" =:
Whom was he calling to when he said
| .Phil?" r 49,. ~.
| 1.-THE Watchman. ? -: 49, 30
Here: followed along list of cross-qaes-
tioning about the exact position the men
occupied. :-<;;:. - -"
You say: you didn't know any but one
of the parties attacking CIauSen. Now who
was that one y asked. Mr.. Koran.
WELL: j amt sure it was the fellow I'm
thinking about, but Ithink twas"
- Then, as O. matter Of fact you didn't
Well, l amt positive.''
-" Did.you know Cogang =:
|. mo, sir. 49,
j." Then how. did you know it was him
7 who followed kerr?"
: s. saw him jump on Kerr and hit him.
| l know IL was him; because the man | saw
is the%one that was killed."
-" Now, did 1 understand YOU to say that
|. when Kerr came out of his shop with his
pistol in: his hand, the other men had
ClauSen down. and were beating him with
| a pistol, only a short distance aWay?"
We'll. it was just about that time"
Were they still beating him when the
| shot was fred.?" s.-.
NE, sir; they ran away them
| CoGAN STRUCK KERR.
"Who was the nearest-to Kerr when the
shot was fired"
81 was the nearest and Cogan was next
| Cogan, l think, was about fifteen feet away
| from Kerr when be was shot
did .you:s you saw Cogan hit Clau-
No, sir; said saw him hit Kerr"
"Where was this?"
Down by the Pacific Foundry. where the
men first jumped out and pitched on Kerr
and Clausen."
This is the substance of the testimony,
and at lis close Mr.. Darwin said they were
ready to submit the case. Your Honor
being lawyer" he added, I'VE do not
think it necessary TO argue the case"
Mr.. Koran and eX-Judge Mcguire then
held short whispered consultation.
Finally Mr.. Koran arose and said they had
proved clear case Of murder in the first
! degree against the defendant, and asked TO
have him held without bail.
"And we say" said MIR. Lloyd, jumping
TO his feet, that we have proved just the
contrary, and ask that he be allowed his
freedom.
''Fhe idea," said ex-Judge Mcguire, "that
there was bit of justification or mitigation
in this killing is absurd. Here was an un-
armed boy
'Do you want to argue the case?" sug-
gested Mr.. Lloyd.
sat down.
Il have weighed this testimony care
fully" said Judge Lawler, but 1 haven't
quite reached an opinion yet. l will give
my decision tomorrow at 1 o'clock"
Removal of the Pension Office.
ba nf 4 hi r,,;.