The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-01-17
TOLD AT MIDNIGHT
BY A VISITOR.
jacobson Was Killed by Him
While on Burglary Intent.
Proceedings Had Before Judge Murphy on
the Motion for a New Trial in
Sidney Bells Case.

The new development in the Sidney Bell
case yesterday was a story told by the con-
vict's attorney, Barclay Henley, to the
effect that burglar concealed in Jacob
sons house did the killing and on the same
night visited the house of friend, to whom
lie related his homicidal adventure.
1t was with this story that Barclay Hen
ley opened his plea for a new trial yester-
day In Judge Murphy'S department OF the
Superior Court. It's purpose was ayerred
to be to ask Oh behalf OF the defense for the
issue of a subpoena to bring into court the
man who had heard the burglars midnight
tale of freshly enacted horror
Judge Murphy, with prOmptitude that
was itself startling, ordered his court sheriff
to send officers in hot quest of so Important
a witness.
''Scour the ethyl Bring him here instan-
terv' he shouted. And then with quicken
ing speech he added, "Mr. Clerk, make out
subpenas for these persons at once and
give them to Mr.. Henley"
THE COURTROOM FILLED.
The big courtroom was filed with
people. Half dozen women occupied
front seats. Sidney Bell. with his wrists
manacled, was marched by a man very
much bigger than he into one corner of the
courtroom where the big man IN
clasped the steel bracelets.
The prisoner then took a seat. His face,
pallid from confinement. did not betraY any
symptoms of fear or Of anguish His hair
grows very high above his forehead, reveal
ing a shining dome-like bald pate. Ills
mustache was well groomed aud the
wretched footpad wore better clothes than
nj he pf ba ND "a Cf af
Three other Magistrates sat with Judge
Murphy. They were Judge Slack on his
right-hand side and judges Trout and
Augeotti on his left. The last named is
the Judge Of the Superior Court Of Marin
County.
From 10 to 80 o'clock and from 1 80 to
O'Clock, four hours, all told, these four
Judges listened to the reading of af1idavits.
Three lawyers-Henley, Swift and Brady
relieved one another in reading. The sub
stance of all the affidavtS having been ire
quently published was already we'll known,
not only to newspaper readers, but to every
body present. The Judges were not listening
to anything new. But judicial dignity in
wolves much attention TO judicial forms,
and the reading Of affidayits wore out the
day.
The only variations introduced to keep
up interest in the proceedings were the in
terruptiOuS by Judge Murphy, who stopped
if's officers had in their search for the wit
ness for whom subpenaS had been issued at
the opening Of the court.
THE BURGLARS MIDNIGHT STORY.
The information upon which these sub
penas had been issued, as given by Mr.. Hur-
ley to the court, was 10 the effect that be-
tween 4 and o'clock Yesterday man told
Detective Brown, who is working in the
service of Bells friends, that another man,
whom he knew, and that other mans wife
were aroused after u O'clock on the night Of
the killing of jacobson, by man who told
them he had entered the Jacobson house to
commit burglary, an hour before jacobson
returned home; that jacobson. discovering
him on the premises, attacked him, and dur
ing the struggle between them the intruder
shot jacobson. The man who told this
story TO Brown offered to test his sincerity
in this matter by taking an officer to GER
tain place where he (BrOWn) would find the
man and wife that entertained the burglar
on the night that Jacobson was shot. Dis
trict Attorney Barnes wanted the attorneys
for Bell to give the name Of the man.
" 70 make public his name at this stage
might defeat our efforts to secure his at
tendance, your Honor" was Mr.. HenIey'S
quick remOnstrance.
Judge Murphy, cOncedng that some de-
gree of privacy IS essential at this stage,
suggested that the mama might be given in
confidence to the District Attorney.
THE SEARCH WAS UNAVAuING.
The bland-looking Brown, the Columbus
(OhiO) detective, pulled from his breast
rocket a bundle OF papers. which he fumbltd
for some time. He next handed a slip to
the Sheriff's officer, and soon the two were
turning over together the leaves OF the City
Directory. As the Deputy Sheriff left in
company with Mr.. Brown two well-fed,
prOSpeTOus-lOoking members OF the COM
monwealth rose from their chairs Lelr the
clerk. and keeping their eyes glued on
Browns collar followed him and the deputy
out into the street They were Chief Crow
ley and Captain |. w. Lees.
The Misunderstanding went on for two
hours, when Judge MuTphy'S eye fell on the
travel-stained SuDpena-seryer.
"Sheriff," he exclaimed, with his cOnyen-
tional briskneSs, have you served that sub
pena?"
The officer reported his failure. He had
been at the mans house and at the mans
place of business. The place Of business
was closed, and at the house the mans
daughter could give no information as to
her fathers whereabouts.
"Well, in the interest of public Justice"
shouted the Judge, II want to see that man
brought into this courtroom"
The lawyers, the reporters the chain
gang and the multitude looked on and
enjoyed the highly dramatic flavor of the
proceeding. 1t had all the theatrical touch
and 90 Of a scene from a Russian police
play.
The dinner hour recess ended, the reading
of affidavits went on for another hour, when
again the Deputy Sheriff returned TO report
his failure to find the man who knew man
that had been called out of his bed to listen
to burglars confession.
AN ALL-RoUND SURPRISE PARTY.
Then every body except the District At
torney told how surprised they were that
~ a for lows iOHi al t,Vaih 1nf ha
found. The Judge thought that as De-
tectlve Brown knew the man he ought to
bring him in. Lawyer Mathew Brady, the
handsome Chicago lawyer, rose and in
formed his HOuOr that this was a most re-
markabe case. He never knew a more re-
markable case. ut was. indeed" he said,
Extraordinary. 1t was such remarkable
case that nothing could meet the situation
at this stage of it but the testimony of his
associate, Mr.. Barclay Henley" He wanted
Mr.. Barclay Henley to be sworn.
what for?" exclaimed the Judge.
'"rO testify, your Honor" chimed in Mr..
Henley, holding up his right hand, ito the
statements made by me in regard to this
witness this morning"
1T is not the practice of my court" Judge
Murphy REPLIED ito put lawyers on oath.
Their simple statements are sufficient. They
are officers of the court l must always be-
lieve what they say until | know that they
are not telling the truth"
Judge Murphy having instructed the clerk
to issue four subpenaes for the witness and
to give them to four different officers with
instructions to scour the whole city, ordered
the attorneys to resume the atfidavit-r read
Ing They read. until O'clock when an
adjournment was ordered until 10 o'clock
on Monday morning.
THE AFFIDAVIT GRIND.
The affidavits read yesterday, as already
stated, contain no new matter. +. W.
Campbell confessed himself purjurer in
testifying that Bell shot jacobson, and he
charged one Schwartz with being the slayer
Charles McGlashan, Truckee notary, swore
that Campbell made his recantation to him
without duress. Rev. Mr.. EaSton made
oath as to his relations to the case, which
Schmidt's affidavit proclaimed himself a
perjurer on the Bell trial. Among the d0cu-
ments read was a copy of the proceedings
had in Judge Murphy's chambers on Sep