The morning call., 1890-07-26
In DEFENSE OF KERR.
C. J. Clausen, the Non-UniOn
Molder, Testifies.
He Tells the Story Of the Assault and Gar.
rcting on First Street, and What He
Knw Of the shoo.ing.

Yesterday afternoon was occupied by the
attorneys Of James W. Kerr, the foundry
man charged with the murder of Edward
Cogan, on First street, June Goth, in pre-
senting evidence in defense of their client.
The courtroom of Police Court ,.
where the examination was held was again
crowded with the same interested spPcta-
tOrS-mechanics out of employment. VINO
displayed anxiety as to the turn affairs
were taking. The evidence was III many
instances different from that given by other
witnesses.
Charles J. Clausen. who was with Kerr
on the morning of the shooting, was the
only witness examined for the defense. He
said he lived at 205 Turk street and last
worked in the o cidental Foundry as n
founder. For about fifteen months he has
lived in San Francisco. On June 18th he
went TO work in the Occidental Foundry
and worked only one day
On the morning If the Goth of June he
was going 10 work and met Kerr al the cor
ner of First and Mission streets. They
walked together toward the foundry. and
when they were about 100 feet from Mission
street, on First werc waylaid by about ten
men and witness was knocked down and
kicked.
How did it begin?" was asked
don't know, sir, replied ClauSen.
JUMPED FROM BEHIND.
" Did they challenge you to fght?"
NO, sir; they jumped on me from be-
hind They garroted ME, pulled me back,
and after knocking ne on the head, kicked
and beat me- got several wounds on the
l,aad tho loygast ono over tho I wos
kicked upon the lett side and the pain is
not gone yet from interal injuries. Mr..
Kerr was garroted also at the same place
aud time The next thing 1 heard a pistol
fired and l was released and went to the
foundry"
W hat do you mean by released p
Wen, was let 90 by The men who gar
rottd ne. They took my pistol away from
my cOat-pocket before releasing me-"
Did you hear anything about a pistol
while you were being kicked or beaten by
the men?"
Yes; one said, Have you got his gum
and another replied Yes
What did they do afterwards"
" / hey all ran away. and after the shot
was fired l saw them at the other side OF
Mission street. l did not know who as
saulted me-
" Were You acquainted with molders be-
fore going to wUIk IN the Occidental Foun-
dry?''
Yes, sir"
'' Did yon see any piekets Of the striking
mOlders outside the foundTy?"
l object" said Attorney Koran for the
prosecution. " 1t is not material"
Ii your Honor please" said Judge
Darwin, " we propose to SHOW that this
witness, Clauseu, was approached in his
home by striking moders, who endeavored
TO get him 10 leave the foundry, and that
he was tod If lie did not quit work he
would be done up by the five or six plckets
al tile foundry. Mir. Kerr escorted him
home i'll the evening to protect him and
met him next morning on the corner of
MlSslon ana First streets 10 protect MN
from the holders plckets. Kerr had a
legal right to save his servant from injury"
NOT THE MoLDERS
Attorney Koran replied that inasmueh as
the witness could not identify " o assaulted
him, the proposition WAS not relevant nor
material, fer il could not be shown that il
WAS the striking mulders' pickets who COM
United the assault. To his mind il seemed
as If the defense wished to have Attorney
DarWIn's statement on the records.
Reuben II. Lloyd reviewed the strike and
said lie would show that there were numer-
Gus assaults committed by strikers on non
union moldeIS for the purpose of intimida-
ton. Furthermore, they would show that
ClauseD had been threatened by strikers.
that strikers only were interested in max
ing the assault. The testimony sought TO be
introduced was intended to show that
Clausen was threatened ana that KIT had
perfect right to defend his servant even
to the death.
The defense also proposed to show that
Edward COgan, the victim of the shooting
was one Ot tile men who assaulted Kerr
and Clausen. The striking mOlderS we're
the men who made the assault, aud Cogau
Wa one Of them. That is what we pro-
pose to show" added Attorney Lloyd.
Had You seen any pickets around there
before
repeated.
YES, sir"
Had they said anything to you?"
Yes one Of them met me at the corner
OF Mission ana First streets on the morning
of the 18th OF June. l said l was going to
the Occidental Foundry. He replied: You
better not 60 there. Others have been done
up. and yOu will be done up also"
VALENTINE SPOKE TO HIM
Who spoke TO YOU at your house"
Mi. Valentine"
Did he say anything about you being
done up?"
The prosecution objected, as the CONVEX
satlOn had nothing to do with witness going
to work in Kerr's foundry.
Witness told Kerr of the threats and was
assured that he would be protected by his
employer Clausen said to Kerr at his
house, Oh the evening Of June 18th, that he
was afraid to 30 20 work next morning.
Kerr told him ne would call for him in the
morning, but, by appointment, met him at
the corner Of First and Mission streets
Immediately thereafter they were garroted
and assaulted, and Kerr resolved treatment
similar 10 that given Clausen by the attack
ing party. Witness did not know any Of
the men by name. After the pistol was dis
charged ClauSen- walked up to Kerr and
both went into the Occidental Foundry to-
gether.
How long did it take You to 60 to KERR"
well, it did not take long, for | was in a
hurry to get there"
Was there blood on your face?"
Yes, it was all blood, and l could not
keep the blood out of my eyes"
Under cross-examination Clausen said he
learned his trade of molder in the old coun-
try and had worked in New York and in
San Francisco. He was idle over two
weeks before going to work for Kerr.
MONEY AS A BONUS.
He worked as a molder in VALPARAISO
Ind, ana moved to San Diego with about
$1,000 which supported his wife and him
self for about two years, but his wife
worked in a hotel here. He was u years
OF age when he began to learn his trade in
a town in the northern part of Germany.
After working for i've years at his trade in
Germany he came TO America, and has
since followed his trade and various other
businesses. He worked on the Market
street cable road until week alter the
strike, and then found employment in the
fouRdTies.
Witness admitted having spoken with
Kerr and Judge Darwin about the case.
The attorney told him to say nothing about
the matter. Mr.. Scott and Mr. Lewis called
at his home and asked him how he was
The only reason why he used the word
corrected was because he had seen it in the
papers. But no one informed him that he
should swear that he and Kerr were at
tackled and garroted by men, one of whom
was shot. He never had any assurance of
being rewarded for testifying in the case.
He received $50 from Henry Scott for work
done.
"FOr what work." asked Koran.
For the time l was hurt" was the reply,
land for four and half days work as a
molder, at So so a day. Scott promised me
a bonus Of 500 for three months if l would
remain at work"
Were you scufling with people on the
street when the shot was fred?" asked
Attorney Koran.
Yes, sir"
The further hearing of the case was con-
tinued until Monday at o'clock in the