The morning call., 1890-07-23
FOR KILLING COGAN.
F0undryman Kerr Is Placed on
Examination.
Testimony Of Eyewitness to the Shooting.
Kerr Took Deliberate Aim and Cogan
Was an Innocent Victim.

The preliminary examination of James
W. Kerr, accused of murder for the killing
Of Edward Cogan, the young iron-workeI
who lost his life on the morning of the Goth
Of June on First street, opposite Kerrs
foundry, and by bullet from Kerr's pistol,
was at last begun yesterday in Police Judge
LAWYERS court at l so o'clock in the after
noon.
The courtroom was crowded with friends
OF the molders, and many of the strikers
could be seen ON the benches. Kerr walked
into court with private detective and
some of his sympathiZers among the foun-
drymen. He was represented by Attorneys
Reuben Fl. Lloyd and Ben G. Darwin. Ex-
Judge Mcguire prosecuted the case, and
was assisted by Attorney Koran.
William Elliott, who lives at 225 Union
street, was the first witness called. He
swore that on the morning of the shooting
he was on First street and saw Kerr enter
the Occidental Foundry. return with
bright revolver in his hand and walk to the
curbstone. He Kerr had been inside for
only few seconds before coming cut on
the sidewalk.
TOOK DELIBERATE AIM.
"What did ne do next?" was asked.
Gle took deliberate aim and shot Cogan."
"How far was Cogan from Kerr when the
shot was fred?"
"About forty or fifty feet?"
kerr was standing in front of his office
and Cogan was in the middle of the street,
a little south of Minna street, before the
shooting. Cogan stumbled when he saw
the pistol He was running away then, and
when getting up to cross the street he was
shot. He then staggered toward lamp
post and fell to the curbstone Cogau's
back was toward Kerr when the shot was
fired. kerr's foreman and ClauSen were
near Kerr at that time, but Clausen was
trying to get into the iron works"
Cross-examined witness said he was
pattern maker. He has no relative in the
MOlders' Union. He did not see any one
do anything to Clausen or Kerr when he
came into First street from Minna, shortly
before the shooting. He was near the
middle of First street when he saw the
shot fred When crossing the street he
saw Kerr rushing ont with gun" from
the foundry. Kerr went toward the edge
OF the sidewalk when he fired. Previously
he disappeared from the street through the
gate of the foundry and came back with
pistol, raised it almost instantly and fired
across the street at Cogan. The witness
then stated that Cogan was about forty or
fifty feet away from Kerr. His idea OF dis
lance was brought out by Judge Darwin re-
garding the width Of the sidewalk on First
street. He believed it was about eisbt feet
wide. Witness said that Kerr pointed the
pistol at him, but he remained standing, and
then the weapon was directed at Cogan,
who ran away and was shot.
DIR. Estes testified that he had been asked
by the Coroner to make an autopsy on the
body OF Cogan He described the course OF
the fatal bullet through Cogan's body from
where 1t entered in the back to the point Oh
its exit in the right breast. In his opinion
deceased must have stood with his back al
most directly opposite the shooter.
MEN WERE FIGHTING.
John Dillon, living at Is Minna street.
who was present at the shooting, teStlned
that he knew Kerr. He saw Kerr enter the
foundry. and come back with a pistol and
shoot Cogau. Just before the shooting
there were four men engaged in fight OPP
posite the Pacific Iron Works. One of the
men was Clausen, who was bleeding and
torn. When CIausen ran toward the Occi-
dental Foundry the other three remained
back, and after tie shooting walked toward
Mission street ana disappeared. Dillon did
not know them. He did not see Kerr mo
Tested by any of them. He first noticed
Cogan at the southwest corner of Minna
and First streets. C0gan was then going to
his work toward Howard street. and walked
Slantwise across First street in southeast
arly direction. When he crossed he saw
Kerr with the pistol and ran back to es-
Aape. Apparently Cogan was not aware OF
the previous troubles. Witness was stand
ing on the corner of First and Minna streets
when Kerr went into the Occidental Foun-
dry ~ ,.. o.
asked the prosecution.
Opposite the Occidental Foundry"
"Who were with him them?
-Four or five men standing together"
Witness saw Kerr run a short distance on
First street previous to entering the toun-
dry, but there was nobody after him. When
Kerr went inside and returned to the side
walk the same group of men were standing
opposite the door. He heard some one say,
"Go for him now; give it to him. The
shooting followed almost instantly.
GIVE IT TO HIMi"
"Who said Go Tor him now; give it to
him p" asked Attorney Darwin.
IL don't know; though it was somebody
on the east side of the street. where the
shot came from-where Kerr and these men
stood"
James Ford. living at Twenty-fifth and
Alabama streets, street-car conductor on
the North Beach and Mission line, First
street branch, testified that he was on his
car on the morning of the shooting, about
ten minutes before o'clock. He saw
man come from the Occidental Foundry
door, walk across the sidewalk, aim his
pistol toward Minna street and fire. Wit
ness could not identify Kerr as that man.
The pistol was pointed diag0nally across
the street.
"When he pointed the pistol did he fire
instantly or how?" asked Judge Mcguire.
''In my opinion lie took cold and deliber-
ate aim"
The ear was between witness and the
object fired at, so he could not see Cogan
fall, but minute or two later he saw the
deceased dying on the sidewalk.
Was there any person. so far rs you
could see, threatening or fighting with the
man who fired the shot?"
mo, sir"
Attorney Lloyd took up the cross-exam-
ination for the defense.
WAS the man who fired the shot," he
asked, outside the building or coming
from it when you first saw him.
He was few feet from the door," was
the reply.
Witness could not say whether Kerr had
come out of the foundry or not. Imme-
diately after walking out about six or
seven steps he fired the shot.
An adjournment was taken until i 80
al