The morning call., 1892-02-10

saw no Other man running, nor did he see
any man running on Fifth street In the
direction of Market. He had never loSt
sight of his man till he overlook him.
Mr.. FOote-Are you a Splinter or just a
plain ordinary runner?
Officer BOde-l can beat you running.
Mr.. FoOte-Never mind; Pll catch you
before you get through.
FELL OVER THE DEAD BODY.
The witness said that he tripped ana fell
over Grants dead body; that Oincer Allen
was running ahead OF him and reached Cur
It's first; that Allen was about ten feet
ahead He was not tired when he got
uD to Curtis. The only persons he saw be-
sides Curtis were the man standing on the
sidewalk on Folsom street and Creighton.
the bar-keeper, standing in front of his
place on Fifth street. The witness said that
all he heard Curtis say when ne was caught
were the words, My God Ii / could only
recall the last four hOurS." lie repeated
this expression several times. lie ala not
hear him say anything when brought to the
Statlon-hOuSe
OBSTACLES IN THE PATH.
He did not see Curtis throw a pistol or
anything else away. IL he had dropped a
pistol he would have seen the action. Inere
was fence or barTicade on the Sidewalk on
Folsom street, near Fifth, and also depres-
sion in the sidewa before reaching the
barricade. man running on the SIDE
the road because Of these obstacles. Al no
time did Curtis run over the ground where
the pistol was found nor was curtis on
the way back 70 tie police station con-
Quoted over this ground.
Officer Bode denied that lie had anything
to do with driving away JeralsOn. witness,
a resident of Berkeley, who, having once
Identified the pistO, as the property OF OuI-
It's, afIeUWard said he was mistaken. Inc
pistol wds not hot, lie said, when brought by
Mullins TO the police station.
THE OFFICER WHO CAUGHT CURTIS.
Police Officer }. J. Allen, the man who
caught Curtis, was next sworn. lie ldentl-
fed the pistol as the one found that n!ght
by marks he had placed on IL. lie could
not saw. however. whether he or some other
officer had drawn the loaded SbeiiS lie
never lost sight of the nriS ner from Inc
time Mullins called his attention TO him run
ming toward Fifth street. Curtis was about
wnded VIII ~ lie overlook him, lie was
within about twenty feet OF Curtis when Tue
latter turned the corner Of Folsom.
Officer Allen further testified that he hand
cUtfed Curtis aud took him In the patrol
wagon to the City Prison. On the way he
gave him a cigarette and lighted IL for nm.
Curtis told witness that night about having
paid SIS for q seat at the Grand Opera House,
where he left his wife because she under
stood French and he d.d not.
Tue VISIT TO JERALsON.
Upon his cross-examjnati0n Officer Allen
sad that he had been detailed by the Chief
of Police TO work up the evidence. If there
had been q man chasing Curtis he would
have seen him, and be did not see Ioomy
running after the defendant. Witness de-
MED that he had taken three pistols to
Berkeley to show JeTalson, or had sug-
gested to him which one belonged TO Curtis.
JerasOu was shown only Officer Crockett 5
pistol. Captain Lees gave the information
upon which he had proceeded across the
BAY. L pom being asked what Captain Lees
had said to witness about JeralSOn, Assist
ant District Attorney Hinkle objected TO
the question.
THE LINE OF DEFENSE.
Mr. F0Ote - We propose TO show, your
Honor, that cur client IS not only victim
Of circumstances but also a victim OF the
malice ana venom Of the Police Depart
mpnt.
The question, however, was not allowed,
and Mr. FO0te exhibited a little temper for
the first time during the trial directed
toward Nh Hinkle, whom he accused OF
lacking in courtesy. please stand away
from me, " he said to Mr.. Hiukle, 'as l ges-
t.culate a little wildly sometimes" Adj
dressing Officer Allen he asked him:
Did Captain Lees tell you there was no
sufficient Identification of The pistol"
The question was disallOwed.
Didn't Captain Lees send you over to
Berkeley TO see il Curtis carried plstol?'
The question met the same fate.
FOOTE OBJECTS TO SIDE REMARKS.
"Did not Captain Lees tell you there was
n man named Jerals0n over in Berkeley who
had been saying hard things about Curtis?
Judge Trout sustained the objections Of
tie District Attorney, adding that lt was
objectionable rs asking for mere hearsay.
Mr.. FOote objected to the court suggesting
what was heaTsay and what was not.
.rr.| 70 p fHlaFs an. - 10
by Nj FoUte, said he did not ask Mr.. Jeral-
son if Curtis was not left-banded. Mr.
Foote hearing some remark made under
Aliens breath became Indignant again and
exclaimed against his INDUCING IN any side
remarks and insiHuating that he, the lawyer,
was putting on Tugs"
AN UNDESIRABLE WITNESS.
The witness denied also that lie had told
Abbott, VINO had come TO him as a witness,
that he did not want him, as he would tes-
tfy that he, AbbOt, saw three men present
At the time OF the shooting. He also said
that he saw star on Officer Grants breast
whea lie left the police station 10 90 on
watch. He did not see The witnesses HentZ
and Wagner on Fifth street. When he
arrested Curtis and was taking him back
to the police station he thought that the
prisoner was Stimulating drunkenness and
said to him: You didn't staggeT when
you were running and you needn't staggeT
now. Now, brace up.
INFORMATION FROM TIE CORONER.
II did not see ToOmey chasing him. II
would be possible, witness said. for a man
with nippers on his wrist 10 shoot another.
He believed that the coat was the same one
worn by Curtis because lie got it from the
Coroner. lie did not hear Curtis say that
he had never carried a pistol in his life.
Mr.. Foota closed by questioning this witness
/ at great length about the testimony he had
/ given in the Police Court at the preliminary
! examination OF Curtis.
THE MARK.
Officer Creighton was put on the witness
! stand 10 testify that he had put number
/ marks on the written statements Of wit
/ nesses fled in the police Office. During the
/ examination Of a previous witness the de-
/ Tense undertook TO make it appear that the
! symbol was a s mark.
The trial will be resumed at 10 o'clock
/ this morning.