The morning call., 1892-03-05

and it seems hopeless TO believe that an
other inch of ribbon can be drawn out. the
magician pulls out wards and handfulS. Ii
is even so with the affidavit receptacle in
the Bell case. Yesterday it yielded enough
matter to consume two-thirds Of the session
in the reading.
PROTESTING TOO MUCH.
Just as soou as Judges Murphy, Slack
and Trout entered, an hour late, the Dis
trict Attorney produced small batch of
afidavits intended to Offset the evidence
given by VIII Nj. Clemens on February 26,
exclusively reported In The MORNING
| CALL.
The first affidavit was from John p.
Young. managing editor of the Chronicle.
and was lengthy contradiction of a state
ment made by Clemens that after several
months interruption of friendly relations,
he had been solicited 10 write certain articles on
his own theory Of the murder of jacobson, which
articles Clemens claimed had been suppressed
by an understanding between NJ. Ii. de Young
and Captain Lees. Manager Young said In the
af1ldavlt that lie real reason why the first and
only article was not published was because the
matter was not news but rehash. and in the
nature OF special pleading for Sidney Bell. He
also stated that the negotiations IN regard to
these articles were Initiated by Clemens him.
SELF.
The next affidavit was from NJ H. de Young
denying in toto the allegations made by Clemens
that he de Young had any financial relations
with Captain Lees or had refused TO testify as
TO Clemens character because OF his position In
An AFFIDAVIT was read from +. nj. Stone attor.
ney-ai-law also denying that he, as De Yonng's
political manager. had conveyed to Clemens that
there were financial relations between NJ H. de
Young and Captain Lees which would prevent
De Young giving Clemens the affidavit requested.
The next aifidavt-maker WAS Henry BigelOw.
an Examiner reporter who specifically denied
| the statement of Clemens as 10 an early morning
interview In which he lBigelow) had coniided TO
Clemens that Captain Lees had been preparing
statements and revising proofs for the Examiner
| In special story on the Bell case. Bgelow also
| stated that during walk Clemens talked about
| the jacobson case, and commenced TRADE
| against the editors OF the Examiner and ChToni-
| Gle, which papers lie said Captain Lees was
editing.
AFFIDAvITs READ.
The most important OF tile affidayits was that OF
James Cofiey, lanilor of the new CITY Hall. who
| expressly stated that he had told the Chief Of
| Police and Captain Lees all he knew about the
jacobson tragedy, which was nothing; that lie
had been courIe0usIy received by botb OF them.
| tie had told them lie had heard a shot fired
| about 1890 o'clock on the morning OF The shoot
| Ing aud went 10 the police station at IL O'clock
! Of the same day. The Chief OF Police aud Cap
| tain Lees told him they were very DESTROYS Of
throwing ali the light possible on the matter. II
was net true thai Captain Lees refused TO ie-
| ceiye his les imOuy
This was IN answer TO the statement made by
| Clemens last week that COney was witness WHO
! knew all about the case; that he had been ill.,
suited by Captain Lees and his evidence SUP
| pr ssed.
Tie sflidaylts were admitted after an objec-
| tion from Mr. Henley TO the whole Of them coli
| lectiyely and seyerally on the ground that they
| were immaierlal aud purely collateral. The
objection was oTetTuled and an exception noted.
II was hen proposed 10 recall viii M Clemens
| 10 the stand, The latter having said last week
that he could give many more reasons for his
! destinations against Captain Lees. The District
| Attorney objected, but Judge Murphy ruled that
AS The character of botn witnesses had been
attacked II was permissible for them 10 be heard
| In eXculpdtlOn.
Mr.. Clemens produced manuscript In which
were contained seventy reasons, from his stand
! point. WHY Captain Lees should be considered q
| very bad man. He was permitted 10 give thirty
| seven out OF the seventy. The court ruling very
| steTnly That only the dates and publication OF
| N wspaper publications could be given; that no
| attacks should be made on members OF tie de-
lectiye police force unless 1t could be shown that
| they had been directly instructed By Captain
| Lees, and finally that the allegations must be
| based on reasonable knowledge and belief and
| not on mere bearsay.
| CLEMENS CHARGES.
| The witness leIsurely turned over the pages OF
his manuscript, aud gave the following extracts
| from the seventy reasons excluding the III Iity-
three ruled out by Judge Murphy:
TO 9 Newspaper articles IN the stockton indie
pendent. Carson City Appeal san Francisco Argus.
! Letter
8 Because f. w Campbell was released from
prison for the reason that he was dying OF heart
disease. and on May 8. 1891, Captain Lees said to
Alta reporter: cit wont do TO lei a man do what
| Campbell did for the State and then prosecute
| him."
10 Because the police tried to intImfdate De-
| tective J. A. Brown and frighten him as he
arrived here. in order that he would not attempt
discover who killed jacobson ri think 1t Cap
tain Lees who acted thus" said Clemens.
| IL. Because Captain Lees has dece ved the press
and public IN the matter OF oseph Schwartz just
he deceived the public and press the arrest Of
| Hedgepeth. the Missouri train-robber.
| H. Because the WORK in the jacobson case was
| placed in the hands of Detective B0hen, who is
| Lees most intimate friend.
ID Because Police Captain DougiasJ who did
| not believe IN the fooipad theory, aud said there
''nigger IN the fence" was forbidden to talk
about the case by bis superior officers
| terv ew jacobson before his death, aud also neg
| Iected to take the dying mans statement
| Is Because Jacob Zedermau, bookkeeper for
| jacobson. said in the Francisco Chronicle on
| August 10. 1890. that later he would be able 10
| give some light the mystery. yet the police so
| FAR as am advised. made no effort TO produce his
| 10. Because Lees never announced any other
theory than that OF footpads. from the time Jacob
II. Because the Coroner's jury never looked at
| JacobsOn's wound, aud never knew per son 81
| inspection what caused bis death.
| 1s. Because Captain Lees protested to Coroner
| Eaton about annoying the ladies OF the jacobson
| household by asking them questions. and appealed
| 10 the feelings OF the grlef-stricken ladies'
SCREAMING FARCE
On this Judge Murphy lnterposed. but Barclay
Henley insisted that The inquest was scream.
| ing farce
| 10. Because while other members of the Police
| Department advanced other theories, Lees had nc
| use for any other theory except that OF footpads
| 20. Because Officer Warnock, the first policeman
| at the house on the night OF the shooting and who
was at hrst refused admittanee. not called as
| witness ar the Coroner's iuques.
| 81, Because +. 4. Barter. VINO got of the car with
| Hicks and who lived Webster street, was not
call ed as a witness at the inquest Judge Murphy
| again cautioned the witness TO speak of norhinC
that could not he directly connected with Captain
| Lees
~. Because Sidney Bell was arrested as a foot
| pad and not as Jscobson's murderer. and unit
| Captain Lees had interviewed Edward w. Camp
| bell did he for one moment think Of charging Bel
| with Jacobsous death.
81 because after the arrest OF Bell there is every
reason TO believe that Captain Lees caused
TO be printed ia the Wasp entitled Il Told You So
Replying to Judge Murphy the witness gave 4
as his beAef and The common judgment OF news
pap men that all local Cartoons are paid for b,
| those desiring their publication.
| TlPE-WRITTEN COPIES.
"a. Because Captain Lees caused typewriter
copies of Campbelrs confession to be given TO al
the newspapers. proceeding unusual and not il
| accordance with the customs OF the police
rs. Because Captain Lees himself conducted hal
a dozen reporters to interview Sidney Bell in hi
CELL proceeding wholly foreign to the methods o.
the police department
26 Because when a reporter found an opportunit,
to talk TO Campbell the latter said he would onll
speak under instructions from Captain Lees
| 81 Because the police gave Out false reports a
| to Sidney Bes career. charging him with crimes
| he had never committed
%. Because the police have never made publ,
| the fact that on the night jacobson was shot de
tail OF forty officers in citizens clothes under com
vicinity of California and ebster streets.
| 20. Because Captain Lees has testified that $50,
| of the taxpayers money paid for the supper
| OF r.. w. Campbell and Mrs. Campbell.
80. Because Captain Lees did not call In the aolic
| authorities OF Chicago TO look for r.. w. Campbell
| but called In the notorious Billy Plnkerton who
| Lees personal friend.
| 81. because at the trial or Sidney Bell Captai
| Lees swore that when Campbell told him how ie
killed jacobson. he (CampbelIl was under arres
or even uEdsr surveillance. However. at the tim
that Bell was arrested. every newspaper In tue cit
said that the police had been looking for Carnpbe
and had arrested him the night before the cor
fession made.
81. Because Captain Lees has said In the new,
| papers that Joseph Schwartz swore at the inques
that he was not in the city at the time jacobson wa
shot
3d. Because Captain Lees has spent more De
sonal time, labor and money In prosecuting 8 dine