The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-05-14
GOOD MEN AND TRUE.
Twelve Jurymen Secured in the
Arnold Case.
Charles B. Darwin Makes the Statement for
the Proseoution-Three Witnesses
Examined What They Saw.

Alter a delay of several days, the work Of Sc
curing jury with which TO try the case Of ID. Il.
Arnold, charged with killing S. w. Garness In the
Peerless saloon on the 3Oth OF January last, was
finished yeste rday morning.
The special venire of forty men which had
been ordered on Monday was returned and the
work of securing the three additional 1urymen
necessary was proceeded with. Several OF those
examined we're excused for having formed opin-
Isions while a number of others were allowed TO
20 because OF conscientious scruples against
capital punishment
When the name OF Nathan A. Herstell was
reached 1t was announced that The prosecution
had exhausted their peremptOry challenges and,
although they evidently objected to him as juror
lie was accepted by the defense without ques-
ton, thus completing the panel.
THE JURY.
The names OF the jury with whom Arnold's
chances for liberty rest are: Patrick Roe, C. F.
Rohte, George A. Games w. b. Norris Michael
Mcguire, jeremiah Browell George w. Patter-
son, William RoirOsky, Z. X. Norton, F. Ma.
hony, Fred Lux, Joseph Henry, Nathan A. Hers
tell.
The indictment was then read and court took
a recess until 2 O'clock.
When court opened at o'clock all the seats
in the room were fllled either with spectators or
witnesses, and among the former were three
ladies in deep mourning They were sisters of
Garness, aud took the keenest interest in the
proceedings of the court. There some little
delay owing TO the hardness OF the attorneys for
the defense, but they soon came in and Attorney
Hosmer stated that Charles B. Darwin would
make tile statement for the prosecution.
OPENING STATEMENT.
The latter arose and addressing the Court and
jury said: With the consent OF the State, and
because l have been retained by the relatives of
the deceased. 1t has become my duty to lay be-
fore you the facts which we expect TO prove. l
shall make plain, clear statement of the events
we believe them 10 have occurred"
He then explained 10 the jury the location and
interior arr aneement OF the Peerless saloon, In
which The tragedy was enacted in which 5. W.
Garness lost his life at the hands OF d. ii.
Arnold.
Continuing he said: "Some few nights before
the night on which The shooting occurred, the
deceased and The defendant we're together at tile
Occidental. On another occasion prior 10 the
shooting they were together at FaTley's, and
both times The defendant took occasion 10 heap
offensive eplthets on the deceased On one OF
the occasions Ihe defendant was seen 10 have his
hand on pistol We will prove also that on
the night OF the shooting the defendant met the
deceased at the corner of Ellis and Market
streets. ana apoogizing for his former aiironts,
asked the deceased into the Peerless TO take a
drink. They entered the saloon and passed INTO
ParlOr f. | VIII show that the deceased was
not armed, and that when they entered the
room The deceased tOO- chair the corner of
the room While the defendant remained near the
door.
The testimony Will show that they called for
drinks; that the waiter hac hardly left the room
when the shooting began. There were two
peIsons-a woman and man-ln Room 2.
They were Miss Rivers and ID. j. Wheeler. They
say that they heard no conversation in No. 4.
They ordered drinks which were never brought.
WHAT THE WAITER SAW.
THE walter stated That when he went for the
n conversation. MIR. Chenowetn heard The shots
and running into the hall saw the deceased COM
Ing along the hall In a crOuching attitude. He
was evidently IN great agony ana was assisted 10
an adjoining room. The defendant stood In the
doorway with smoking pistol in his hands
Chenoweth took the defendants pistol from him
and conducted him TO The private Office where
something was said about 'biackmalliug,' or
'blackmailer,' but that was all.
'Garness is dead The defendant muttered i
am sorry ana his head was bowed down, while
his face turned pale.
directly afterward Oflcer Nash entered and
The defendant accompanied him 10 the car"
Attorney Darwin then described the wounds
aud submitted the case.
TESTIMONY BEGINS.
Officer Russell was the first witness called for
the prosecution. He stated that lie had made
the measurements and had prepared the dia-
grams which were Intended TO show 10 the Jury
lie interior arrangement of the Peerless saloon.
j. II. Hetherington bartender at the Peerless
saloon, was placed on the stand and testified
3oth OF January. Knew defendant by sight
only. Saw Garness and Arnold enter together
anu pass into ParlOr 4.
He testified that he was behind the bar at the
time, and almost Immediately after they eutered
the room The bell rang. There was u lady and
gentleman III No. g and they TOO had called for
drinks de nrst took their order and then went
10 No. t.
How were Arnold aud Garness situated ?"
i" They were sitting down in opposite corners
OF the room"
Witness then stated that Garness ordered a
cocktail and the defendant plain whisky. He
noticed nothing unusual in the appearance OF
The Two men, and when he left the room they
were sitting in The same position in which he
Cd 10 m
back 10 the bar and mixed the drinks. When
this was accomplished lie started back with
them, and when lie reached the end of the bar
heard three shots tired-lwo In rapid succession,
and one after pause; was not confident aSto
the number OF shots, out remembered distinctly
but three.
AFTER THE SHOOTING.
Continuing lie said: " rushed into the ball
and saw Garness on his hands and knees. Mr.
ChenOwith passed ME and entered Room 4.
then returned TO the bar ana sow Mr.. Garness
carried into the reading room; saw Mr.. Arnold
with MIR. Chenowith."
" how long alter The shooting 2"
Three or four minutes"
'' Did you see anything in the hands Of eIther?'
" | did not"
"Where did they go9"
Into Mr.. Chenoweth's private ROOM"
DID you at any time hear any loud talking ?''
No. SIR"
On crosS-examination witness stated that he
| saw nothing about the two men when he took
their orders TO attract his attention. Was not
| positive as 10 the position of the two men, and
could not state whether they were facing each
| other or not.
CHARLES A. LOOMS. another Peerless bar
| tender, was called. He stated that he had seen
| Garness and Arnold in the saloon Immediately
| after The shooting. He was standing behind the
bar aud heard the shots fired; remembered
| only three shots, but there might have been
| morei saw MIR. Chenoweth leave his private
room and go to Room 4 also saw Garness com.
ing along the nall; bent over and clasping his
| stomach with his hands. Some one asked him
what was the matter. lie replied that he had
been shot, He was then assisted TO the reading
| room. Witness saw Mr.. Chenoweth come out Of
| No. with The defendant and 60 to the former.
| private Office.
He was dismissed without cross examination
| and court adjourned.