The morning call., 1890-07-16
TEN YEARS.
The Laws Full Penalty Melted
Out to Benjamin f. Davis.
Attorney John N. E. Wilson Cleared Of the
Charges Which the Convict Pre-
fsrred Against Him.

There was an unusually large attendance Of
spectators in Judge Murphy's courtroom yester-
day afternoon, it was understood that the
charges OF subornaton OF perjury which Ben
jamin j. DAVIS, convicted OF the homicide OF his
wife, had made against JOHN n. E. Wilson, who
was Ills attorney would be ventilated.
When the court convened Mr.. Wilson said:
If your Honor please Benjamin j. Davis. who
was charged with murder and convicted OF man.
slaughter, has made serious charges against me.
L now ask the Court TO send for Mr. Davis and
have this matter fully investigated"
Judge Murphy stated that 1t was proper for
the matter to be Investigated and postponed
hearing for an hour and half IN order that
Davis might be brought from The County jail.
at $3.50 O'Clock the crowd Of spectators assem-
bled again, and all The parties i'll the case were
present. Davis sat at the attorneys table and
looked around Dm in a careless sort of way. His
attorney. Carroll Cook, was beside him.
MIR COOK wITHDRAws.
Mr. Cook started the proceedings by arising
and announcing his withdrawal from the case.
Judge Murphy stated that Davis could make
any motion he desired.
We'll" said Davis standing up, 81 am with
out an attorney, and am IN no condition TO do
anything"
You can have any counsel you desire, Mr..
Davis" said the Judge; "all you need to do is to
name the party you WanI, ana II ne IS IN Tue city
and county Will see that lie comes here. don't
want any man convicted of a crime, as you have
been to think that lie is too poor to have coun-
sci. Whom do you want?"
Davis stood silent and could not answer.
" I'll give you uutll tomorrow morning To think
the mater over" continued the Judge.
q" ! don't know any attorneys" said Davis.
g" Do you insist upon your Withdrawn" asked
the Court OF Mr.. Cook
Il Your Honor, don't think more favorable
verdict could be obtained than that given In this
case under The circumstances. 1 most certainly
decline TO do anything TO disturb that verdict"
" would Ike another trial." interrupted
Davis, "and have the jury instructed TO either
acqult me or convict me OF murder in the first
degree"
Court Will act as it sees fiji aud proper IN instruct
ing jurors and is not in need Of any instructions
from you"
Il have not had justice" said Davis.
WISE SUGGESTION.
at is my opinion" said Judge Murphy
that Mr.. Cooks suggestion is very wise
one. / am not conscious OF any errors
made by the Court during the trial. l don't
want any statements made by which the de-
PENDANT may be prejudlced. think IN let the
matter stand over until l can appoint some
counsel. Let 1t go over until next Friday morn
Ing at 10 O'CLOCK"
been talking together, and Mr.. Cook arose and
said that Davis did not want to push his motion
for new trial and was willing 10 be guided by
his attorney and rest on tie verdict OF man
Il don't want Mr. Davis to think" said the
Court that he has been deprived OF any OF his
legal rights"
HE says he will be guided by me-" said Mr..
Cook.
II was then decided TO go on with the hearing.
MIR. Adams, who Is employed In Attorney VIII
sons law office, called witness and
identified letters which had been received by
him from DAVIS and one written in reply
MIR. KINCAIDs TESTIMONY.
Fred Ktncaid testified that he was present
when Attorney Wilson had conversation with
Davis in the City Prison. Davis then made The
same statement which he ala on ne several
wise Davis TO change bis testimony.
Attorney Wilson WAS then sworn. lie said
that the first he knew OF tile death Of Mrs. Davis
was when kiHcad called on him aud asked him
TO 90 and see Davis in The City Prison. He dld
so in klucaid's company.
Davis told me then just what he testified TO
in ali his trials. He did not swerve III any par
liculaT. Al a second conversation Davis said
the same thing. | was thoroughly convinced OF
Davis innocence from what he told me.
" | received Letter from Davis OH December
90 1889 II is one of abou! twenty which lie
wrote TO me-. This letter IS as follows:
Mr.: Wilson: Last Monday when I came to cort
il Raining and l my overCOat. The first
time and in the pocket | found a letter that was
written BY my wife 10 me aud don't know what to
don't know whether you can get any of her writ
ing, unless at Materson and Burk's on Montgomery
street, where she sind contract when she Rented
Bank In August September, 1888, II you can
find attorney that was Employed by the Banner
street.
They have letter she wrote to me and misht
identify the writing she couldn't read write
when we married and rride TO learn her. but
made a very pore teacher But could read hur
writing very wei If could see you could tell you
Tne letter Is BadIey written and Bailey sPslt
VIII be glad to know what 1t will amount to- lhope
Will hear from you before the first b. }. DAVIS
THE BOGUS LETTER
The Enclosure III this letter was as follows:
JACK Davis hope you Will mead this hand OF
mine to give You drink OF water when you air on
your death bed. Will forgive Edming for what he
has don IN helPin you TO get your diverse and my
| Will not put mother woman over mi children.
| Good by. MARY DAVIS.
Tine inclosed letter was palpable forgery"
| said MIR. Wilson, land / saw that Davis was
| seeking to introduce fraudulent testimony.
"a few days alter this received another let
! ter from him, wherein be said he wanted 10 see
| me Al the County Jail. / went TO see him aud he
said he had made TWO Measurements 10 me. The
| first was that lie did not 90 into the room where
| bis wfes body lay. and the second was that he
| wrote the letter Which lie said his wife had re-
| eeived from one Brandt.
There was only one conclusion for me to ar
| rive at then. l arose abruptly and used some
| forciOIe language in expressing my opinion Of
| hun.
II told him If what he said was true he had
| killed his wife. | lelt him abruptly. He wrote
several letters 10 me, and i'll response | sent the
| following:
| Beujamin J. DARTS, Esq DEAR SIR: Your letters
OF the past few days have been we'd. In reply
will state that can no longer conscientiousiy de-
fend you from the fact that since the first trial Of
| your l have become deeply impressed, from
what you have told me yourself and from your gen
era conduct, with the truth of the charge pending
against you. l shall place in the hands OF your
t0rney all the facts favorable toyour within my
| knowledge
| Enclosed you will find the letter which you say
| was written by your wife and which YOU hand
| your attorney. have>done nothing regarding this
letter, because have no earthly confidence In Its
| genuineness. j. N. e. WILSON.
"a week after that l received letter from
| him OF threatening nature and demanding the
| return OF $500, which he had paid me as re-
| tainmg fee''
| Judge Murphy then read over Davis charges,
! as made last Saturday. and MIR. Wilson denied
| them III toto.
| GENERAL AND EXPLICIT DENIALs.
DAVIS questioned the attorney upon tho points,
| and the denial was renewed. Mr.. Wilson stated
| enphatcaliy that Ire never dictated any ques
| tons FOR Davis TO respond TO on his trial.
Afier soma further discussion lie Court said 1t
would pronounce sentence on Saturday, as long
as Davis did not desire TO press his motion for
! new trial.
so far as the Wilson matter is concerned"
| said the Judge, am satisfied there Is no
| foundation Tor the accusa ions have known
yiStd Davis 10 make any such statements. 1 do
not believe the defendant when l know thai he
| has deliberately perjured himself
My opinion of this ease is that Justice has
| mtscauIed. / believe that yOu killed your wife
and | think you deserved TO be convicted OF
| murder"
while dwelling also upon the points In the testl.
mony.
Mr. Cook then asked that Judgment be pro-
n0unced AT once. as Davis waived time.
1.-The sentence OF tho court is" said Judge
| Murphy, after asking Davis to stand up, Z" that
you be imprisoned IN Folsom for ten years. 1t Is
| The limit OF the law"
| Davis look his sentence eOolly, and was taken
| in charge by deputy sheriff.