The morning call., 1890-06-27
IN ABEYANCE.
Judge Rix Declines to Discharge
the SIOggers.
The Golden Gate Gang Will Likely Be Held
for Trial-Medcal Testimony Showing How
Mcbride Was Pouudsd to Death.

Police Judge Rix resumed the examination OF
the charge of murder against La Rue, JOEL,
Bowers, Lddell, McGrath, Meyers and Jamison
yesterday afternoon. The usual interest in the
case was manifested by the presence OF crowds
of spectators, many Of whom belonged to the
criminal element.
NJ D. Bernard baker at IA Eddy street, was
the first witness placed on the stand. Although
he said he did not know La Rue he had often
met him in notorious saloon on Stockton
street, between OFarrell and Ellis. he saw La
Rue and about twenty uther men around table,
all talking light"
'Dld you hear La Rue talk about Intending to
fight in the Golden Gate Club?" sked Attorney
Dune.
IL could not say In particular. though they
were all iaihng about fight that was ABOUT 10
take place" THIS was before Ihe La Rue-Mc-
Bride deadly combat. Bernard like many other
unwilling witnesses for the prosecution, dis
played remarkably bad memory.
DR.. A. Rogers Of 703 Market street, who was
called into the Golden Gale Athletic Club to at
tend Mcbride, testified that lie found the dying
man In back room there, lying on a table un-
coDsc iOus, almost puiseless, and with eyes fixed
and staring. Blood. warm and coagula ed. ex-
travasated and clorted, was all over his face and
most of his body-all the result of the fatal quar-
lei before gang OF lowly sports" and few
casual visitors.
PHYSICALLY EVACUATED.
There was extravasation on the arm, at the
back OF The head aud about the face aud chest.
1t was necessary 10 apply an electric battery to
McBride's body TO bring glow Of life into the
exhausted veins. The patient rallied feeby, but
again sank into state of coma and died shortly
aiterward,
The doctor was present at the autopsy and saw
the clotted blood upon The brain, more so on tile
right side, with two three small clots on the
left. EXlravasated blood was everywhere under
the scalp. The deceased had been suffering
from BTignps disease and while considerable
congestion OF the light lung was noted the heart
was in an abnormal condition. Physically the
deceased was emaclated ana III very Dau con.
dillon. The congestion OF the lung WAS 0f about
two or three days standing.
What, in your opiplon was the cause oil death
"My opinion is 1t was caused by confusion of
the brain, with conclusion, supernduced by
blow or fall"
Owing 10 the physical weakness of Mcbride, 1t
was quite likely that the excitement would cause
vertigo, from which he might have fallen. The
Commissions about the eye and nose could have
been caused by other means except blows.
Neither congestion, nor Brghts disease, nor
vertigo, nor excitement was tie immediate cause
of death; but The excitement might have led TO
conditions that would cause death.
MORE MEDICAL TESTIMONY.
Assistant Police Surgeon Bunker next took the
stand. He stated that lie treated La Rue Tor u
fracture OF the large bone OF The right arm. La
Rue made no statement regarding now the arm
was broken.
OF Mcbride, testified regarding tile result OF his
post mortem examination. According TO his tes-
timony, the deceased was literally "A mass OF con-
tusiUuS and wounds externally, while beneath
the skin were eNtfaydsatlons OF blood III many
places. 10 the brain and under tue scalp was
eXtravasated blood, as III the lungs and resplra-
tory organs.
What was the cause of death?'' asked the
Prosecuting Attorney.
Conclusions aud conclusions OF the brain, re-
sulllng from injuries or blows received, was lhe
prompt and decisive reply.
To a hypothetical question, the doctor said he
did not think il possible that a fall caused by Ver
tlgo would have resulted III The Injuries TO the
brain.
lion that lie had a conversation with Charles
Phillips and Officer MOrlarity on The DAY Of the
fatal light. II was Intended 10 show that Phillips
had gwen false testimony few days previously,
but the Judge did not think II material and the
prosecution rested.
MOTIONS TO DISCHARGE.
Attorney Bodfsh asked that his client (JoelD
be discharged, as all Tue evidence did not show
that death resulted from any act on his part. He
supposed ii would not he held Tor moment that
any one intended 10 Kill McBrlde on that occa-
sion, and there is no such evidence before the
court He commended that so far as JOEL is con-
cerned there is no evidence that the defendant
engaged III any light or contention Again, JOEL
did not know OF The light before II began, nor
did lie aid or offer encouragement OF auy klud
whatever. He submitted that there is no proba-
Bile Cause shown for a belief that Joel was ac-
cessoy TO The fact, and therefore asked for his
discharge
seut at present.
Attorney Coffey moved on the part OF Meyers
that he be discharged. as lie had taken no part In
The tight whatever. He was simply there IN the
room when he hight took place. On behalf of
Jamis0B, Little and the other defendants whom
lie represented, tlele Is, even Oh The assumption
that La Rue Is guilty OF crime, no evidence as
regards Jamlson tina he was either referee,
time-keeper or second In the fight, but simply
that he was Secretary of The club aud was there
that night 10 maintain order.
JAMESON NOT RESPONSIBLE.
JamisoU, the attorney Claimed, Is not legally
responsible for the death of Mcbride, although
he knew that the two men Lad arranged to hgut
In the club Of which he Is the Secretary, and act
uay saw The fight take place. 1t is not possible
that JdmisOn would believe that death would re-
suit from glove contest. The attorney asked
again for the discharge OF the defendants repre-
sented by him.
The Judge replied that any person who was
present al the fight and aided ana abetied The
affair, which was an unlawful business. became
principals and responsible as principals. He
SAID lie wanted TO review the testimony regarding
Meyers, aud for the present would deny all mo-
lions TO dismiss. Tie cases will be taken up
again al o'clock this afternoon
La Rue'S and JOel's counsel said that they Lad
no evidence TO offer In behalf Of their clients.