The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-07-24
COGAN'S DEATH.
The Prosecution i'm the Herr Case
Closes Its Case.
1t Claims That It Has Produced Enough Tes-
timony to Make Out Case Against the
Accused-What the Defense Will Do.

When the examination of James W. Kerr
was resumed yesterday afternoon in Police
Judge LAWYERS court the courtroom was
densely crowded with mechanics, most OF
whom were the striking moliers. Kerr
occupied chair beside his attorneys, Ben
c. Darwin and Reuben II. Lloyd. Some OF
his friends in the fOundrymen's aSSocla-
ton were at his side.
EX-Judges Mcguire and Koran were pres
ent in the interest of young Cogan's friends
and the holders Union. They prosecuted
the case of the killing of young Cogan, for
which Kerr is being examined.
w. b. Farrell, 1877 Stevenson street, driver
on the North Beach and Mission car line.
testified that he was on First street on the
morning of June Goth, when young Cogan
was shot, He was slowing up his car at
the corner of First and Natoma streets to
let off passengers about 10 minutes to
O'Clock, when his attention was first at
tracted by man with a bloody face fol-
lowing man with light suit who stopped
at the Occidental Foundry, fumbled about
the door for while and then turned
around with pistol in his hand. This
man walked out toward the edge OF the
sidewalk and fired deliberately diag0nally
across the street at Cogan, about ten feet
in front of the street-car horses. Cogan
staggered to the other side of the street and
fell dead.
DID NOT KNOW HIM.
"W Was the man you saw fire the shot Mr..
Kerr?" asked Judge Mcguire.
{" could not say now, but to the best of
my belief l think it was
Now" continued the attorney, "were
there any persons near or following these
two men-the one with the bloody face
and the man in the light suit-when you
saw them firSt?"
mo. sir. l looked down the street and
saw nobody nearer than the Pacific Iron
Works, about 100 yards down toward Mis-
sion street, ana there was no other man ON
that side of the street"
Were there any men around Kerr i'm
mediately before the shooting?"
L saw ClauSen there, and man came
out of the Occidental Foundry"
Cross-eXamined by Attorney Darwin,
witness said he meant by ''iumbling around
thought" he explained, that the man was
trying to open the door, but could not, and
then ratified and shook it. At one time /
thought l saw him half way through the
door, but l did not lose sight of him at all"
Then you did not hear him cry, Phil!
PHIL at the door?"
mo, SIR"
WAS Kerr at any time inside the door
while you were looking on?"
Il don't think So"
SAW KERR FIRE.
Farrell said he WAS a member Of the Sta
tionary Engineers Society, although he has
been driving a street-car Tor fifteen months
He has no friend or relative in the striking
holders Union. He did not see Cogan
when the shot was fired, but noticed Clausen
standing behind Kerr at the foundry door.
There were two men with witness on the
front platform of the car, but he could not
tell where they live OF who they are. At
torney Darwin piled many questions about
these two passengers, who would be i'm
portant witnesses.
did you observe the pstol?"
Yes; | saw it in Kerr's hand when lie
came from the foundry door. He lifted it
at arms length and then fired. He did not
draw 1t from his pocket
In reply to questions about his business
and former connections witness said he had
been chief engineer of the Sacramento
Volunteer Fire Department.
Andrew Cogan, a brother of the de-
ceased, living at % Jessie street. was called
to testify regarding his brothers age, death
and removal to the Morgue. He was going
home from his nightly work at about
o'clock in the morning when he heard that
his brother was shot
At this point ex-Judge Mcguire said he
| did not believe 1t necessary to put more
witnesses on the stand to establish the fact
of the shooting. He would put the police
| officer who arrested Kerr on the stand to
| Identity the pistol used by Kerr. Accord
| ingy Officer Frank Greenan was called.
81 SHOT MAN"
The witness said he went to the Occ-
dental Foundry at half-past o'clock on the
| morning OF the shooting in response to
| call and information that man had been
| shot. Kerr said 10 the officer, 81 shot a
man who attacked me on the sidewalk" He
| then took the pistol from his pocket and
| gave it to the officer.
| The pistol was produced and identified,
| after which the prosecution rested.
Attorney Darwin said he was surprised
| that the prosecution should rest without
| putting on all the witnesses Of the shoot
| ing 1t was not fair TO the defendant, for
| the Court should have all the testimony be-
| fore deciding what should be done. The
defense, he said, was not ready to proceed,
| as he wanted time to confer with his coun-
| sci. He asked that the case be continued
| until Friday.
Judge Mcguire replied that the prosecu-
ton had done its share Of the work in pro-
ducing enough testimony to establish the
charge against the accused. 1t rested with
the defense to bring in any witnesses to
help its case.
The case was continued until 1 80 o'clock
tomorrow afternoon, when the defense will
introduce evidence tending to show that the
| Oh f,,rv S,.a4 q IL