The morning call., 1892-02-04

from the iury-hox that he was sick, and an
officer passed him a tumbler full Of water.
After taking a drink the jurors head
went down again. and burying his face IN
his hands he rested them on the back Of the
chair occupied by the JuTvman in front OF
him.
At the time OF this episode Mr.. Foote was
stating his objections TO the admissibilitv
of a question. but The interruption by the
Judge caused 10y the actions Of Juror POr-
ter brought the proceedings 10 a standsUill.
Ip0n being informed that the man was too
i'll 10 act, an adjournment was ordered until
10 o'clock this morning.
The same luUymau came into court
fifteen minutes late in the afternoon, and
there was delay Of that period on his ac-
count. To the surprise Of all he escaped
without a repTimand, though Judge Trout
repTOached him with a look which midi
Gated his diSpleasure.
WHAT THE STATE EXPECTS TO PROVE.
The trial I'm the morning opened with a
statement from District Attorney ". :.
Barnes Of " hat the prosecution expected TO
prove. II was pre- ise speech, simple and
direct The District Attorney used notes
from a blotter placed en- the railing at his
side.
He said he expected 10 prove that on the
night Of September il, 1891. Police Officer
Grant left Southern Police Station TO 90 on
his Dtat, walking toward Sixth street, north
I Of Folsom; that at = 10 o'clock he was seen
coming around the corner Of Fifth street
with prisoner who was a man smaller
than himself; that after passing from Fifth
to Folsom he was seen 10 have a ScUttle with
this man; that after some alteration three
shots were rapidly fired and the flashes
were seen 20 come from the smaller man :;
that the officer Tell 20 the ground. when the
man ran up Folsom stTtt to the
corner " Fllth, and then turned into Fifth
AT FfflppTS In from
the FOlsOm-street Station and pursue the
man; that they caught him On Shpley
| street, and brought him back TO where
/ Grant was lying; that be was there Tec0g-
! uiZed as OF the same appt arauce, dress and
manner as Grants prisoner; that upon his
wrist were that officers nppers; that near
! the corner OF Fifth and Folsom streets was
! found a 3S-caiiUer revolver still warm, and
/ from which three shots had been dis
! charged; that the defendant was seen 10
pass over this ground; that Officer Grant
was seen 10 wear star on the lett lapel Of
! his coat fully exposed to view. ana that
after the defendant was brought to the
/ police station in the patrol wagon he re-
marked: my God if ! had only remained
! with my wife this would not have hap
| pened. What will my friends say?" In
conclusion District Attorney Barnes said {:
If We can show you this state Of facts,
gentlemen Of the jury, we shall expect a
verdict Of guilty"
THE FIRST WITNESS.
George w. Russell, a police officer. was
the first witness called. 1t was he who bad
prepared the big map on the wall. and his
testimony was an explanation Of the marks
| and lines thereon. He used a stick like a
| billiard cue cut in two at the middle to in
| dictate the points
His cross-examination by Mr.. F0ote de-
velOped the fact that he had prepared the
map by direction of his superior officers.
| Asked why be had placed on the map GER