Los Angeles herald., 1891-07-15
His Trial for Killing Joe Dye
Commenced.
The Men Who Will Render the
Verdict.
Considerable Testimony from the
Prosecutions Witnesses.
Contractor Scherer Tells the Story of
the Shooting-John III. Drane
and DIR. Kannen Give
Their Evidence.

ins of testimony commenced in the trial
of Mason Bradfeld for the murder of
Joe DYE on the 14th OF May last, shortly
after O'Clock yesterday afternoon in
department one OF the superior court.
The special venire OF twenty men
called for the day before in order to get
three Jurors, was almost exhausted be-
fore the list was complete. Out OF the
twenty-five were excused for cause, j.
A.. Barrows and F. B. Wise; three were
challenged by the people, Sam Prayer,
M. H. Kimball and jeremiah Murphy,
and three were challenged by the de-
tense, E. J. White, Adam Clements and
Simon Kahn. R. j. Floyd, w. II. Fuen-
ger and j. H. Mesnager were accepted,
and the following twelve men were
sworn to try the case: w. w. Orr, s.
Morton, l.. G. Butler, w. G. Hooker, N.
p. Campbell, Daniel Jones, H. w. Earn
est, Chas. Castella, E. G. Cranston, r.
J. Floyd, w. H. Fuenger and J. L. Mes
nager.
After the jury were sworn District At
torney M cLachlan took the floor to
make his statement. He said that the
facts he expected to establish were as
follows: On May 13, 1891, Mason Brad
field, the defendant, went to the Arling-
ton house on Commercial street between
Los Angeles and Wilmington and en-
gagged front room for week. He
wanted room with. bay window, but
on being informed that there were none
such, he took another, room 80, on the
second floor. 1t would be shown that
the deceased had room on the lower
end of Commercial street and was in the
habit of passing to and fro along the
north side of that street; that on May
14th, the day after Bradfield rented the
room Dye came along as usual on
the opposite side of the street
passing west, about 2 O'Clock in
the afternoon. When he got
about opposite room 49, two
shots were fired from the window OF that
room which struck the deceased. Dye
did not fall after the first shot, but in
It would be further shown that after the
20, along the hall to the side entrance of
the Arlington house, on Wilmington
street, and was overtaken and arrested
by officers before he could get away.
These were the facts that the people ex-
pected to prove and upon which they
asked the verdict of the jury.
The defense reserved their statement
until they began to introduce testimony.
At the request of the defendants attor-
neys all wi tnesses were excluded from
the court room except those who are to
testify as to character, and with the fur
ther exception of Mrs. Bradfeld, the
defendants mother. The witnesses for
the defense were excused until O'Clock
this afternoon, and the first witness,
Conrad Scherer, contractor, was called
to the stand.
The witness testified as follows: "On
the day of the shooting, the 14th OF May,
I was driving down Commercial street
in buggy with John H. Drane at about
2 O'Clock in the afternoon. We were
going east from Los Angeles street to-
ward Alameda, and as we were talking
business I was driving slowly, almost
at walk. Just as we were passing the
Arlington l saw man, whom l subse-
quently learned was Joe Dye, walking
west on the north side OF the street with
his head down and his eyes on the side
walk, as if in deep meditation. After
we had passed him about twenty-five
feet l heard shot. The horse jumped
at the noise, and gave pull on the
reins and looked around. As | did so l
heard another shot and saw Dye throw
up his hands, shout 'Oh my ? and fall
prone on the sidewalk. did not notice
where the shots came from and did not
see any smoke. I did not notice what
Dye was doing between the first and
second shots, but I saw the position he
was in after the second shot; after he
fell his body lay northeast and south
west.
I then drove quickly around the
corner of Wilmington street, got out OF
the buggy, tied the horse and walked
back with Drane to where Dye lay. His
body was four or five feet from the
building and about six feet from Ger
mains door. About two or three Sec
onds elapsed between the first and Sec
ond Shots"
On cross-examination the witness
went over at greater length the same
facts he had testified to on direct exami-
nation. He said: "We were nearer
LOS Angeles street than Wilmington
when the shooting occurred, and about
25 feet east of where Dye stood. don't
think that saw Dye between the first
and second shots. 1 might have done
so. but was 80 excited that I do not
remember. / did not see Dye turn
around after the first shot, but after the
second he turned partly around toward
the Arlington, threw up his hands, said,
sOh N.Y. and fell to the sidewalk"
The witness was very closely ex.
amined as to the position of Dyes
hands before the shooting and after the
first shot. He testified that they were
behind the back of the deceased, and
Attorney R. B. Carpenter, who was
conducting the examination, spent
about ten minutes trying to get the
witness to say that they were under
Dyes coat over the hip pocket, the OBJ
ject being to create the impression thai
the murdered man was about to draw {
pistol.
Scherer testified that he was no
present at the coroner's inquest, an(
had not appeared at the preliminary ex
animation. He didn't know how th'
district attorney became aware that HI
knew anything about the shooting, an(
had not talked to Mr.. McLachlan befor'
he was subpenaed last Friday. HI
went to the district attorneys offic,
Monday to ask the prosecution to plac
him on the stand as soon as possible
as he had to go to San Bernardino OF
business. When he got to where Dy
lay on the day of the shooting there wa
large crowd there, but he did no
see anybody he knew. The treason hi
otfopt;n,, xuoo co1lod RI tho docaaaod he