The morning call., 1890-06-24

O : :
TO the charge of murder against La Rue on
information and belief. The Court would
not consider the counSel'S motion, and ruled
in favor Of the complaints as they stood.
LEGAL OBJECTIONS.
Attorney Joseph Coffey was OF willing
70 have his clients tried cojointly with La
Rue. He wanted a segregation.
Prosecuting Attorney Dunno recon-
mended & refusal Of the demand for seq
TegatiOn, for if La Rue, who is the princi-
pal in the tragedy, was guilty the others
were guilty. and if lie was innocent they
were innocent.
Coffey objected on the ground that the
liability of his clients could not be meas
uTed by that Of La Rue, who, in the attOr-
ney's opinion, might be guilty, while his
clients were innocent.
The Judge ordered that the preliminary
examination should proceed.
John A. Steinbach, the Market-street
jeWeler and President of the club. was the
first witness called by the prosecution. He
knew JamlSOn, who has been Secretary Of
the club since its organization.
L. q. Flanagan, dealer in hay and grain,
corner Of Eighteenth and Folsom streets,
testified that lie IS member of the Golden
Gate Club and Vice President of the Or
ganiZati0n. He went to the club on the
night Of June 9th at O'clock. when Nc
Bride was there and the fatal fight began.
He also saw La Rue, JamiSOn and Joe
Bowers in the club at the same time. He
knew that there was 70 have been a contest
there that night from Jamison, who said.
"Ihere are some boys going on the floor"
The witness described the dress worn by
La Rue and Mcbride when they appeared
On the floor to fight out their love affair
with gloves. They wore the scanty apparel
Of fighters, yet the participants were awk-
ward novices in sparring. He saw them
strike blows at each other and Mcbride
bleed from the nose. When told that the
fight was about to take place, earlier in the
evening, he asked, is that another Of
Frank Jones racketS?'
BE KNEW NOTHING.
This is private club?" asked Attorney
COffey in cross-eXamination for the defense.
Witness did not know, nor was he Ger
tain that it was incorporated. At least he
had never read It's constitution and by
laws.
DO you know anything about written
rules of the club?" the Judge asked.
NC, sir; l do not"
Then you don't know anything about it
whether there are printed rules Or notY
mo, sir"
Flanagan could not say whether it was a
private or public club. His understanding
OF it was that the club was place for ply
steal culture. Peter jackson was present
at the fight, but witness never heard him or
any other spectator hiss and cry, SHANE I.
shame" during the contest.
Colonel 4. Andrews, proprietor of the
Diamond Palace on Montgomery street,
testified that he saw the contest. He got
there about 10 o'clock and saw the two
men boxing, but paid less attention to them
than 10 the second of one boxer. La Rue
seemed TO act like man who was crazy or
drunk, for Mcbride would catch him in his
arm and punch him until he grew tired.
Meanwhile La Rue would almost break his
sides laughing. The men fought like old
women. When the Colonel saw Mcbride
fall he left the club.
Did any one in the audience protest or
ask 70 stop the fght%
well, heard some of the prize-fghters
present say it should be stepped, as the
whole thing was farce and the men should
not be allowed to fight"
LIKE HENS SCRATCHING.
Both men laughed every time they came
up to spar. But they struck some powerful
blows. They were tired out and sometimes
La Rue would strike blow so light that it
seemed as If it would not hurt fly.
His opinion Of the blows was stricken out
by consent Of both sides.
Deceased fell against a post, striking the
right side Of his head. The fall was from
exhaustion. 1t was not Knockout blow
from La Rue that caused the fall.
Cross-examined the Colonel said he had
seen many a gove-contest during the last
twenty years in other clubs, but this was
by no means the most severe one of these
contests.
George l. Fish. wholesale grocer, Oak
land, was present at the fight, in company
with Colonel Andrews and other gentlemen
from the California Athletic Climb. He and
lis friends went to take a drink, and they
saw two men jumping around in an open
space and lot Of men standing around"
The fight was like a couple Of old hens
scratching" Witness paid little attention
TO the fight, but spoke TO a few friends who
were present, and then went away
The examination was continued until ,
O'clock this afternoon.