The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-01-05
Lawyer Brady Tells What He Thinks of a
Strange Case of Murder-Rev. DR. Fas-
TONS Defense OF the Press

vas OhSlCOHIe Ny tIo IHouHhI bIdI Hc Hdu
given testimony which placed an innocent
mans life in danger
After Schmidts confession and suicide
Bells friends obtained a confession from
Campbell, the other witness against the
prisoner. in which he also confessed that he
had committed perjury when he testified
that Bell was JacObsOn's murderer.
BRADY, THE LAWYER.
Brady. the famous criminal lawyer OF
Chicago who will represent Bell on Satur-
day morning. was interviewed last night
concerning Bells case and replied:
Although | am averse to newspaper pub
licatiOn of my theory Of a case pending in
court. yet in view of the peculiar circum-
stances surrounding Bells case l will say
that, in my opinion, new trial VIII GER
talnly be granted. The affidavts of Schmidt
and Cambel make 1t impossible for the
Court to pronounce sentence of death upon
Bell. 1t must be apparent 10 every one at
all acquainted with the evidence upon which
the verdict of guilty was rendered that II
cannot now be believed or said that Bell is
guilty of murder beyond reasonable doubt.
Had Campbell and Schmidt. immedia-
tely after testtying as they did upon Bells
trial, remOuuted the witness-stand and de-
clared, as they have since stated In their
published affdavitS. is it belieYable that the
jury would have found the verdict II has
against Bell, and having an ordinary sense
OF justice, cln believe 1t would.
AN AWFUL RESPONSIBILITY.
Now the judge is practically in the po-
sition the jury would have been in; and,
therefore. ii is not suppOsable that he will
assume the awful responsibility the trial
jury would have Shrunk from.
" have read what has been said Of those
sffi1avlts (Ot Schmidt and CampbelD by
certain officials. All ! care TO say upon
their remarks is that in my judgment 1t is
surprising that the officials should have
such an enormous understanding of the
legal effect of the newly discovered evil
dence. Is IT not apparent that if the
Hffidavits were made Voluntarily, the con-
tTaTy testimony Of the atlantis upon Bells
trial cannot be regarded aS credible, that
it is entirely dscredited by the affidayts,
and, therefore, that il is no longer sufficient
to justify the sentence of death|
The remarks referred 10 by Lawyer Brady
are contained in the following extract from
an evening paper ublished last night, and
are said to have been made by no less a
person than Chief of Police Crowley:
CHIEF CROWLEY QUOTED.
''The only way that the affidavit Of F. W
Campbell has helped Bells case is by stir
ring up the newspapers, thus trying the
case in the papers instead OF the courts.
This Detective Brown, who Is working up
Bells side OF the case, is making all kinds
Of statements as 10 the evidence he is going
10 produce upon the application for a new
trial, in the hope that we viii answer him
through tie papers and let him know what
we have Ii Is a fine scheme, but it will not
work with us. We will knock their affilavits
and their newly discovered evidence ali
hollow al the right time.
What does the affidavit of Campbell
amount u any way?' said Captain Lees, as
quoted in the same paper. Read it over care
fully aud see what strikes you as the most
peculiar feature OF II. That's il exactly 1t
don't say or mean anything. What. then,
Is really behind il? In analyzing it you
must first take Campbell's physical and
financial condition into consideration. lie
has been very sick man for months from a
complication of diseases and liable TO lie at
any moment He is pennileSS and unable
10 earn the money necessary for his support.
Ever since he was released from the City
Prison, where he was held a witness, he
has been logged by Bells friends, who con-
tinualy shook money in his ears and offered
such sums as would place him beyond want
il he would only help Bell, even to the ex-
ten. Of getting a new trial. In Truckee,
where lie has been followed. he finally secs
a chance to make a good sum OF money by
saving almost nothing, and he accepts An
that he says is that he did wrong in telling
on his confederate, and if Bell is given a
new trial he Campbell will tell another
story.
docs that sound like the confession of a
Denitent criminal who had sworn away the
life of an innocent man? No; he would
make full breast Of the matter. saying:
! lied when l said Sidney Bell killed
jacobson, for he is innocent He would
have kept back nothing. Instead this is
evidently case where he thought, will
say a little that wont hurt or help any
body, and make some money out of it In
other words, it was just little repentance
for dollar.
ALL AT SEA.
Detective Brown smiled when he read the
statement Of Chief Crowley and Captain
Lees, and said:
They are all at sea. and are fishing for
the evidence we have in our possession.
which they will not obtain until We sect fiji
TO let them have it, Some time ago they said
that Campbell was In Sonora. All the time
he was with me In Truckee, and the poor,
sick man worked all night in snOw-stOrm
while the fire reported in The CALLS dis
patches was raging In the town.
"Iie made his affidavit declaring Bells
innocence Of the murder OF jacobson before
G. +. McGlashan, the attorney for the
Southern Pacific Company, who is convinced
that he spoke the truth and was not under
duress. He (CampbelD said that he would
haze declared much more but that he was
afraid OF certain parties In San Francisco,
aud that what he had said was not q drop
In the bucket to what lac would say when
placed on the stand McGashan is con.
WINGED that Campbell was sincere, aud is
willing to testify 10 that effect"
Two days after Campbell made his con-
fessiOn an article appeared In a local paper
In which lie was accused Of having made his
confession for money. He at once went to
notary's Office and made an affidavit in
which he declared that there was not word
OF truth in the article referred to. He said
he had made the affidavit in Bells favor of
his own free Will, aud had not received a
cent for it.
WHAT REV. DR. EAsToN HAS TO SAY.
The article from an evening paper, above
quoted, also contained a statement by Chief
Crowley to the effect that certain news
pape RS had been bribed to advocate Belts
cause. This was shown to Rev. DR.. Easton,
who is one OF Bells best friends. and he re-
piled:
1T must be apparent to you, gentlemen
of the press, in view OF the Wholesale
charges Of bribery of the press of this city,
30 freely made by police officials - every
one Of which, of course, you gentlemen
know is false - that the like charges
against those who are called the friends
Of Bell, are equally recklessy and unau-
thorizedly made. This is undoubtedly a case
for the application of tile time-honored and
ever reliable maxim, Falsus in uno, falsus
tl hlSo III Ohts ldiSt Ill all
But DIR. EastOn had more TO give than a
reply TO aspersions on the honesty OF the
press. He exhibited letter written In
blood in which he was threatened for work
ing in Bells behalf. The letter was
cOuched in language which makes its re-
production impossible. 1t was vulgar,
scurTilous and obscene, and Is not the first
received ty him since he took up the foot
pads cause.
NOT ALONE so FAVORED.
DR.. Easton is not the only one Of Bells
friends who has been favored" with
anonymous communications There in q
| Mrs. Sophie Jackson. who was In arcerated
in a cell of the County Jail just across the
corridor from Bell. She was dressmaker
and, being short of cash, pawned a dress
| which she was making for patron, think.
| ing that she would be able to redeem it be.
fore 1t was claimed by its owner, who ow ed
her bill. She was mistaken.
The owner OF the dress came, was told