The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-02-06
The COTTONWOOD TRAGEDY.
Examination Of E. Il. Hale for The Murder
oil Mrs. Mcdowell.

Los BANGS, Feb. 5.-The case OF the
people of the State of California VS.. z. f.
Hale, in the matter of the murder of Mrs.
Perry Mcdowell, near Cottonwood, Janu-
airy s, 1891, was before the court to-day.
Turner of Modesto and Fowler of MERGED
are attorneys for the prosecutions; Breckin-
ridge and Peck for the defense.
The first witness, T. +. Middleton, being
duly sworn, testified as follows: That en-
the Sth day of January, 1891, an unknown
person approached the house of Mr. Middle
ton, near Cottonwood, and shot through the
window and instantly killed Mrs. Perry Nc
Dowell, daughter Of Mrs. Middleton and
wife of Perry Mcdowell.
DR.. Snediger then being sworn testified
that Mrs. Perry Mcdowell came to her
death from hemorrhage, which was caused
by the bullet wound inflicted on the night
OF January s, 1891.
a A. Bither, Constable of the Third
township, testified that on the night of
January Sth T. F, Middleton came to his
house and told him that his sister, Mrs
Perry Mcdowell. had been shot and killed,
and that he (Bither) went home with Mid
dleton and upon examination found that a
bullet had passed through the west window
and through two doors, and had lodged
against the mOp-board Of the second rom;
that upon the morning of the 9th they exam
med the premises and found tracks leading
in nOrtheasterly direction from the house
OF Mrs. Middleton, and upon following up
the tracks they led to the house of E. II.
Hale. and also that in one of the tracks they
found a rock that had marks of copper tacks,
and that a warrant was then given him
(Blther) for Hale's arrest, which he served.
and took Hale to Los BanOs and lodged him
in jail; that Hale's boots were brought back
from Los Banos and found to fit the track
that lea TO Hale's house from the house of
Mrs. Middleton.
The rock with the three marks on was
then given as evidence by the prosecuting
attorneys. 1t was claimed the marks on the
rock were made by the copper tacks in
Hale's boots. This rock was objected to by
the defendants attorney as evidence. as
the marks were very dim and the defend
ants attorney claims that the rock showed
streaks of mica instead of the marks Of b cot
tracks.
Q.-What conversation took place between
you and Mr.. Hale after you had made the
arrest? Ale said he would like TO go
over to his brothers to get some one to stay
with his wife.
Odd he ask you why he was arrestedP
Q.-Where did you then goP Al started
to the house Of Mrs. Middleton.
SQ.LDid Hale say anything about going to
willing to go if they would give him some
thing to protect himself.
,,Q.-Did you go to the house Of Mrs. Mid
dleton? A.-NO, sir. | went within about
half mile and Mr.. White, who was with
US, went TO the house and got his team and
came back to US aud took Mr. Hale to Los
Banos.
Q-What about this rifle that was found?
Al asked Mr.. Hale if he had rifle about
the place, and he said he did not. After Mr.
White started for Los Banos | came back to
Hale's place and found rifle in a back
shed behind some bales OF hay.
Q-What rifle was it? Alt belonged
to Johnny Edwards, Hale having borrowed
1t the day before.
The court then adjourned.
During the afternoon session F. w. Rollsy
testified to the finding of tracks commencing
within thirty feet of the murdered woman's
house, at Intervals. to within fifteen feet of
the gate of Hale's house, and Hale's boots
exactly fitted the tracks; he also noticed a
pecullarity In the walk which extended the
entire length of the tracks.
L. +. Middleton, brother of the murdered
woman, testified that the curtain of the
window through which she was shot was
up.
John Edwards testified that he loaned a
Winchester rifle, loaded, to Hale, on the af-
ternoon of the killing, and saw it the day
after, and then it had the appearance of
having been oiled and fired recently, al
though the rifle was fully loaded.
The court then adjourned.