The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-07-09
THOMSON JUSTIFIED.
The Murder Charge Against the
officer Dismissed.
Iastm ony to Show That He Killed Kirlin
in self-Defense-J Crotty's Numer-
Gus Contradictions.

Policeman Edward j. Thomson. who shot
ana killed Robert Kirin on the morning Of
June %, is no longer prisoner. He is a
free man, and the charge of murder against
him has been dismissed. His preliminary
examination was resumed In Department 8
Of the Police Court at $50 o'clock, and
lasted three hours before is conclusion.
Special Officer Morris Peyser told of the
4 noisy conduct of Kirlin. John Crotty. Ru-
dolph Breitbarth and Patrick Haverty on
Natoma street, near the scene of the shoot
Ing. and his testimony was the same as that
given at the Coroner's inquest
Frank Williams, a saloon-keeper at How
ard and Sixth streets, testified that early in
tie morning of June % Klrlin and three
other men entered his place. They re-
NAMED about 10 minutes, and left at l
O'clock. krlin was very takative and
somewhat under the influence of liquor.
John Crotty, the lOngsh0Teman who has
figured so conspicuously in the case. made
many contradictory assertions, and came
very near being ordered into custody for
perjury.
After telling about his wanderinEs with
his friends on the night Of the fatal en-
counter, Crotty said:
WHAT CROTTY SAID.
About . O'clock | went home. Soon
aiteTwaTd | was awakened by my dog bark
iug. Breitbarth entered my house and
asked for protection, saying that the police
were clubbing him. | ran into the alIev-
way next 10 my house, ana saw three Off
GERS across the street. They couid not see
ne because l WAS in the shade OF the alley
Then L went out on the sidewalk. and kir-
lin came up TO me and said, Jack that's
where they dubbed me- putting his hand to
bis LETT temple. The next instant Thomson
came up from behind. knocked kirlin
down and said. You give up that knife or
III murder you. Thomson held kirlin
down with one hand, while he shot him
with a pistol held in his right hand | was
only eight or nine feet away at the time"
While being crOsS-examined CT0tty con-
rradicted himself several times and his evil
dence varied materially from that given at
the inquest. First he told a reporter that
he had seen the shooting through a window
CT his house. At the inquest he said he was
in the alley near his house. Afterward he
told Officers BOde and Peyser that he was
lying on the lounge at the time of the shoot
ing and did not see il at all
CRoTTY's DENIALs.
Yesterday he denied having made these
statements. Neither could be explain why
II was that BTItbarth, who stood near BY
sNoTe positively that al tn time of the
shooting both Kirlin and Thomson were
standing
Upon leaving the witness stand Crotty
was told TO remain in the courtroom and il
was expected that he would be arrested for
perjury, but he was not.
Detective Ben B0hen deposed that he had
followed every clew connected with the
case and had summoned every witness who
knew anything about 1t.
Attorney Long asked for a dismissal of
the case on the ground that the evidence
showed the shooting was done in self
defense. BTetbarth's testimony showed
tbs, while Crotty had peTjured himself
w ny. continued Long, 1T Is the duty of
the court to"
Never mind that" interrupted Judge
Joachlmsen, the motion to dismiss is de-
MED. desire to hear all the testimony"
Thomson TOOK the stand in his own be-
half and repeated the testimony he gave at
the inquest. He related how Klrlin had
sashed him with the knife aud how he was
cumI elled TO shoot to save his own life
Before shooting he struck Kirlin on the
mead with his pistol.
DIR. WILLIAMS TESTIMONY.
DR.. r. +. Williams was recalled and said
the wound III kirlin's body could not have
been inflicted IN the manner described by
Cr0tty.
Mrs. Mary McGrath deposed that on the
mo nlng OF the shooting she heard a great
deal OF noise on NatomR street. She heard
the policemen tell the men TO move on. and
s2W chem push kITlin up the steps of his
house at 451 Natoma street. IWeltv min
dtes ia'er she heard the shot,t
PeySer was recalled, and testified that
when Crotty was sub3enaed he said that he
was lying Oh a sofa whea the shot was fired .
Attorney Long renewed his motion for q
dismissal Prosecuting Attorney Stevens
SAID g would also ask for a dismiss al Of the
charge on The ground that the shooting was
perfectly justihable.
Every officer" said Judge Joachimseu,
has right 10 protect himself. | therefore
order the case dismissed and discharge the
defendant from custody"
1homson's fellow officers iocked around
to congratulate him, Crotty SUNK away and
court adjourned until O'clock in the after
noon.