The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-24
MRS. CURTIS FAINTS.
A Sensational Scene in Judge
TrOutt'S Court.
Attorney knight Addresses the Jury for the
DEMONSTRATING Denunciation Of
Police Methods.

There was the usual crush for admission
in Judge Troutt's court, Department of
the Superior Court, at the Curtis trial, yes
terday morning 1t had been intimated that
the evidence would all be in during the
forenoon and that MI. Knight would ad-
dress the jury on behalf of Curtis during
the afternoon.
The only two witnesses called were Mrs.
T. McMillen aud Mrs. NJ B. Lacy. The
former testified that she heard three shots
fired after midnight OF September II last as
they turned into Folsom street from Fifth.
After the flashes a man ran around the cor
neT of Fifth street Mrs. Lacy, who is the
mother of the witness and with her at the
time, also testified to seeing man run up
Fifth street when the shots were fired on
the opposite side of the street
District Attorney Barnes then began the
argument for the people. He cOntended
that all the evidence would go TO show that
only two men were seen at the spot where
the shooting took place. Curtis was one,
Grant was the other. All the testimony
proved clearly that Grant was leading along
one person. The revolver was found on
the opposite side Of the street from where
the witnesses for the defense claimed to
have seen the third man running.
THE FOOTPAD THEORY.
In regard to another theory of the de-
Tense that Grant had arrested both Curtis
and a foOtpad and had been shot by the lat
ter, Mr. Barnes asked the jury to inspect
the pistol, weapon OF the most costly
kind, and say if it was such as a fOotpad
would carry. He commended that the con-
duct Of Curtis at the police station was en-
phatically that Of a guilty man, and that
the jury could not 10 otherwise than return
verdict II guilty in view Of the evidence.
Mrs. Curtis was visibly agitated but her
feelings did not fully overcome her till later
in the day.
At the request of Mr. Knight, a recess was
then taken I'LL O'clock in the afternoon.
Punctually at that hour the courtroom
doors were opened, and 1t required all the
efforts OF the police 10 prevent crOwding.
Fully one-half of those admitted were
women. Judge LAWYER occupied a seat on
the bench beside Judge Trout
Nh knight did not waste much time on
prelimnaries, but at once claimed that the
prosecution had utterly failed to make out
case. The defense Of Curtis would be the
simple truth, unless the jury could think
that he (kuighU, FoOte aud Wilson, as
counsel, were engaged in a conspiracy to
CLtdl Inc G1llOWS.
THE OFFICERS STAR.
He dwelt on The fact that only one wit
ness, Police Sergeant Coles, had seen the
police officers star on Grants body, and
this STAR has never been found or produced.
1t would be an impregnablt defense TO insist
that Grant, walking around the Tar Flat Of
san Francisco IN citizens clothes at that
late hour Of night had been shot down by a
fOOtpad. But tie defense proposes to 20
farther "a hit an q n / q In,
the matter.
He asked Indignantly if Curtis in the fud-
died condition Of his mind alter the arrest
could possibly have had the ingenuity to
frame the f00tpad theory, TO make up the
story Of the $40 on his person, which he
did not have at the police station. and to
forge the plumbers bill which the $40 was
intended TO paw.
A PAINFUL SCENE.
Just at this moment a loud shrek was
heard, and 1t became apparent that Mrs.
Curtis had tainted. MI Knight paused in
his address while Attorneys Foote and
Wilson removed the lady to the Judges
chambers. She gave several hystericaI cries
as she was BONE along, which seemed 10
uum8u Curtis entirely, for he burst into
tears AID buried his face in his hands 1t
was very Ta.utul scene.
Curtis looked the picture Of wretchedness
for tie next half hour until his Wlie-hay-
ing somewhat regained her compOSure-Was
brought back and took q seat by bis side.
POLICE METHODS
Mr.. knight was unSpaTIug in his denun-
citation Of the methods by which the police
had stTIven TO make the facts in the case
suit their theory. he also claimed that
the prosecution IN q criminal case is not en-
titled 10 produce only part Of the evidence,
but must produce It all. The prosecution
is not al liberty to select parts Of the evil
dence Obtainable aud put the defendant TO
the burden II the other part The object
Of public prosecution is Justice. AMI how
ever strong may be tie prosecuting att0r-
ney's belief in a prisoners guilt he must
remember that If unfair means be used
justice SO obtained would be unfair and an
injury to the whole community. II all the
evidence at the disposal Of the prosecution
had been obtained, pOss bly, NJ. b. Curtis
would never have been placed on his trial
here Mr.. Knight paused to pay his
respects O. Policeman -B0de. He denounced
IN Unmeasured terms Bodies conduct 10
Curtis in tie cell and said that when such a
man as Bode appears q decent person felt
ike putting his hand on his watch, and
when be spoke one wanted u burn a rag.
MUEMER OF APPROVAL
There was loud murmer of approval in
tie courtroom, but II was quickly sup
pressed
Mr.. Knight claimed that it was abso-
lutely impossible from the testimony Of the
witnesses OOWey and MUlllS to say That
Curt s was gong in the direction in which
the pistol was found. lie also spoke Of the
visit paid by two Of the prosecuting wit
ncsses to Lawyer KoWalsky's Office with an
intimatou lh5t they wanted 20 know how
much there was IN it and what they had to
do. This visit to the enemy's camp was
very significant.
point on which lIr. Knight very strongly
insisted was that as the nippers were found
on Curtis right hand the fatal shot, if
Curtis fired it. must have been fired with
the left hand, while rs a matter Of fact q
policeman in nine cases out OF ten puts the
niprers on a mans left hand.
morning. Mr.. knight will take up about
half an hour in concluding his argument,
District Attorney Barnes will reply, and the
Court will then charge the jury. II is ex-
pected that the jury VIII retire during the
afternoon recess.