The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-25
GIVEN TO THE JURY.
The Curtis Case Submitted After
Argument.
Gambling in the Courtroom On the Verdict.
, The Odds in Favor Of Disagreement.
Locked Up for the Night.

The closing scenes Of the Curtis murder
trial in Department Of the Superior Court
were dramatic enough to satisfy the most
Inveterate lover of sensations on the stage
of actual life.
At the morning session number of the
atrical people were present when Attorney
knight arose to conclude his argument Tor
Curtis. He urged that The whole OF the EVIL
dence for the prosecution in the case Is cir
cumatantial and should be received by the
jury with the greatest caution.
The opinions or impressions Of witnesses
are immateTial; the thing is what they saw.
The tamale .peddler who saw Officer Grant
bringing a risoner along at midnight did
not identify Curtis as the prisoner.
There is evidence all through of the de-
sire Of the police to make everything fit into
q chain Of evidence. Curtis could have no
motive for killing Grant. He did not start
out with the idea of homicide in his heart
and his exclamation as to his desire to recall
the last four hours of his life was an inco-
herent exclamation naturally prompted by
his situation. the injuries he had himself
suffered and the effects of liquor.
FLOWERS FOR CURTIS.
Mr. knight referred to the District Attor-
ney's sarcastic allusiOn to Curtis sitting in
court with smile on his face and sur
rounded by flowers. The flowers were
brought by his wife, and the smile was the
smile OF innocence. Mr.. Knight concluded,
amid bOisterUus applause, by insisting that
tie defense had shown beyond a reasonable
doubt that Grant was killed 10y Io0tpad
ana not by Curtis.
There was no mistake about the sympathy
Of the immense majority Of the spectators
in court for the acIoT in his hour Of peril
The women made no secret OF II ana were
with difficulty kept In control by the Dep
uty Sheriff.
REEKED WITH PERJURY.
Attorney Foote took up the argument for
the defense on different line. lie MADE
no attempt at rhetorical display or appeal to
public sentiment. In his most sarcastic
vein he dissected the evidence of the police
and claimed that the case for the proSecu-
tiOn was reeking with perjury, procured at
the inStIgatlOn Of the police. Policeman
BOde was StiEmatlZeI as "DIack-hearted
periureT. who should be dashed through the
town
Mr. Foote concluded his appeal by affirm
ing that when he himself asked Curtis, rs
his counsel, if he had killed Grant adding
that in any case the jury would not convict
him under the circumstances OF the pTOYOta-
zion, Curtis, with tears in bis eyes, said he
was innocent; that he would rather run the
risk Of the galloWs than say he shed limo
cent blood.
HINKLE's ARGUMENT.
After the midday recess Judges Slack
| ami Murphy joined Judge Trout on the
| bench, and Assistant District Attorney
Hnkle rose to close the case for the people.
/ Curtis was surrounded by a group Of friends
and lhe party looked much more cheerful
/ than on the previous day, even While MI
( Hiukie was arguing that the evidence con-
| c,uslyely showed that Curtis was the man
who killed Grant As for the women in the
/ body OF he cOuTt-rOOm, the majority seemed
/ 70 regard tue event as a show TO which they
! were admitted free OF charge, ana few would
have believed that 4 man vas on trial Tor
/ his d. e in their presence.
! After commenting on the structures passed
/ By the counsel fur the defense on the prose-
! cution and the police as the accepted recourse
! in cases OF this kind, Nh Hinkle reviewed
/ the evidence fl the prosecution, dividing It
! into CuapJeTs-tHe arrest the struggle ana
/ killing; the fight aud pursuit; the final
/ arrest of the fugitive. He pointed % the
/ ptsitiveuess with which the tamale man
/ Had sworn 10 seeing Grant coming along
/ about u o'clock leading a prisoner; how
/ the evidence Of the prosecution is supported
/ by the testimony Of tie witness, while the
/ case Tor the defense rests on the unsupported
/ evidence Of Curtis that he was himself as
/ saul.ed and robbed by a fOotpad and that
Grant must have been shot by the lutteT.
/ He asked how tile jury could disagree on
/ the evidence Of Mrs. Holden and Der daugh-
! ter, that when they saw the three flashes
! they noticed also tall man and short
/ man, and something bright IN the hand OF
| the latter when he ran away. Not single
witness but Curtis teStItles as 10 third man
! being present when the shot was fired.
THE HEAD AND THE BODY.
After Mr.. Hinkle had commented on the
! fact that the ball which killed Grant was
| fred from pistol Of 38-calibeT, and that the
/ pistol found was CT such caiOer, had three
| chambers discharged and was still warm,
/ he claimed that IL any one knew who assas-
| sinated Grant IL must be Curtis. The lat
/ ter's uuacCOuntable silence Tor five months
! had made 1t forever impossible To arrest the
/ man who killed Grant unless he (Curtisl had
\ done the deed himself.
just here Attorney Knight reminded Mr..
! Hinkle that Curtis was stated by Sergeant
! Coles, in his evidence, to have told the lat
ter on the night of the shooting, that he had
| been assaulted by footpad. To this Hinkle
/ replied that when Curtis was stripped and
| examined by Dr. Williams no bruises or
/ marks Of violence were found on Lis body.
! Mr.. FOote said Curtis claimed that be had
! been hurt on the head, and there was a
/ lump there az the time, as he tFOOte) knew.
| Hinkle having cOntended that there were
/ no bruises or hurts on the body, tOOte dryly
! remarked that he supposed Hukis would
]
/ body. lie also took exceptions to some
! comments Of the Assistant District AttOr-
! ney that might he construed into an allega-
! tion Of perjury against Attorney KOWalsky.
THE COURTS CHARGES.
At o'clock Judge Trout proceeded to
! charge the jury, which he did quite briefly.
/ de first gave certain instructions which
| were generally regarded as very favorable
! to Curtis, while perfectly sound in law. He
/ said 70 the jury In effect:
! You are to presume the defendant in
nocent until he is proved to be guilty. In
| the trial OF a criminal case II there is a rea-
| sonable doubt in your minds, that doubt Is
to be resolved in favor of the prisoner. The
| evidence for the prosecution must not only
be beyond al reasonable doubt, but il must
| be inconsistent with any hypothesis as TO
! the innocence Of the accused.
| The presumption Of innocence is not
/ merely a form TO bediscussed; it is an essen
| tial and substantial part Of the law of the
! land. 1t is your duty to give the defendant
| the full benefit Of this presumption and to
! acquit him, unless you are convinced of his
| guilt beyond all reasonable doubt. Nor can
a con yiction be based or warranted on the
doctrine Of chances. 1Ou can only act on
| evidence produced and heard. \ Cd are the
! sole judges of the credbIlity OF witnesses,
| and can reject all or any testimony that
appeared to you to be false.
You will not be warranted in finding a
verdict of guilty unless the evidence eX-
cludes every reasonable hypothesis except
that of the defendants guilt The de-
PENDANT must also be given the benefit If it
shall appear that the prosecution has failed
to produce superior evidence which might
have been adverse to the people.
After reading the usual legal definitions
as to murder and manslaughteT, the Court
gave the case to the jury at twelve minutes
after o'clock.
BETTING IN COURT
No sooner had the jury left the court
room than there was an ugly and disgraceful
rush from the rear to get close view Of
Curtis and his friends They soon retired
also, and then another disgraceful incident
occurred