The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-01-30
A Marin County Jury Aequits
the Knife Wielder.
General Barnes Argument Moves a Soft.
Hearted Juror to Tears,
The Liberated Young Man Advised BY JUDGE
Murphy TO Control His Temper
In the Future.
Special to THE MORNING CALI.

DAN hAFAEl4, Jan. Z9.-Ihe SAWYER case
was resumed this morning at 10 O'Clock.
Judge Murphy presiding. The testimony
OF the prosecuting witness, Franz. taken aft
the preliminary examination before Justice
Bellrude, was being read by General Barnes
when District Attorney Cochrane objected.
The Court Overruled the objection and the
reading was proceeded with.
Quite war Of words was had between
the opposing counsel, in which Barnes
stated he was afraid of nothing, especially
District Attorney Cochrane. Quiet was re-
gained by soothing sentence from the
Judge.
Two friends of young Sawyer, Messrs.
Riordan and Chapman, were examined, but
nothing of import was adduced.
Prescott Sawyer was next called to the
stand. He testified that Franz the prose-
cutting witness. had been in his employ for
several months and had been discharged on
June ., 1890, for insolence. Il met him the
following day." said SAWYER, land had some
words with him and walked away on ac-
count Of his abuse. / saw Franz on
the morning of the ARRAY and or
dered him off the wharf. He refused
to 60. l called assistance and he
left. About 8 o'clock on tie evening
of June 9TH, l Lad occasion to 90 to the
yacht-house. was walking on the wharf
waiting for the beat to come along. I saw
Franz about thirty feet from ME. | walked
toward him and ordered him away. He
jumped at me and stru * me on the head.
throwing me to the ground. What hap
pened after that | do not remember. Ibid
not know that l had been knocked down
until my friends told ME next dav. In fact
| did not regain consciousness until was
taken from the clubhouse by my friends.
can remember fighting in the clubhouse,
but that is all"
In answer to question as to how the
strength OF Franz and Sawyer compared
the defendant replied, Il was not in it at
all" On cross-eXamination Sawyer said he
did not know how he came to use his lack
knife with three-inch blade. He could not
remember. He must have opened it mrchan-
ically. In fact his mind was completely at
sea since the occurrence.
The case was closed at II o'clock
Attorney Barnes arose and said he was
willing to submit the case without argu-
ment. To this the District Attorney welld
not consent, and at once proceeded 10 make
his opening statement, which was concluded
at l2:15 o'clock. The court then adjourned
till so o'clock.
General Barnes began his argument for
defense in the afternoon in language
highly eulogistic of Judge Sawyer, the father
OF the defendant, stating that he had known
HIM since his arrival in California, and that
they had always been on very friendly
terms. He had often broken bread with
Sawyer pere, and the compliment had also
been returned. He had known young Saw
yer since his early boyhood, and had
watched his growth He pleaded, not as
lawyer but as a friend of Sawyer and his
son, and in the cause of justice. He claimed
that there was nothing in law or evidence
to warrant conviction ON the charge of
assault to commit murder. and said that his
argument would be that SAWYER acted In
self-defense After a thorough review OF
the case Barnes dwelt at considerable length
on the relative strength of both parties con-
eerned, saying that there Was nc comparison
whatever. Franz was greatly superior and
could have handled Sawyer like shuttle
cock.
The delivery Of Barnes argument was in
terspersed with quotations FROM Shakespeare
appropriate to The occasion, one of the jury
men being so yisibly affected that tears were
noticed to trckle down his cheeks. Gen
eral Barnes mentioned the fact that the trial
had been published in the papers. The Dis
trict Attorney objected to Offering OF read
ing newspaper report on the ground that
1t had not been offered in evidence ana that
it had not been published IN This county.
The Court said that if the matter had not
been called 10 the attention of the Jury by
General Barnes he certainly would have
mentioned il in his charge. Continuing
further, the Judge said Gentlemen, if yuu
havr read the account you must not pay any
attention TO it, rs it grossly misreprestnted
the true facts OF the case and was greatly
distorted"
Barnes continued his argument, mention
ing the fact that Judge Sawyer was i'll and
had just lost daughter, and he would be
bowed by shame and the weight Of years if
his son was convicted.
District Attorney Cochrane made n very
strong closing statement to the Jury, and The
case was submitted to the court. A fter
charging the jury Judge Murphy ordered
the clerk TO hand the different forms of YER
dict to him. The Judge examined them,
and the form charging The defendant with
the crime OF assault with intent to commit
murder was rejected by the court and not
allowed to go before the jury.
The jury was out but few minutes when
1t rendered verdict of not guilty. When
the result was announced Sawyer's friends
tfocked around him and heartily congratu
lated him. After adjourning court Judge
Murphy admonished Sawyer and advised
him TO control his temper in future.
mus ends the Sawyer case.