The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-13

Judge Murphy interposed an oplecuoh 10
! the question, TemaTklng that TINS was
! question Of law, not for the witness 10 de-
! eide.
but. your Honor" suavely remarked
| Mr.. Brady, dangling his gold eyeglasses,
"he has already undertaken 10 pass on Il
question Of law" Then turning TO the
witness he said
THAT CONFESSION.
Captain, what do you understand that
confession to mean?"
Captain Lees-Haye l used the word
''cOnfesSl0n?"
Mr. Brady-I have not asked you that
question, nor shall l allow you TO lnterro-
gate me- Do you consider that written
statement evidence of his innocence?
Cas- tain Lees-I do not.
DO you consider it as tending to show his
guilt?"
mo"
Judge Murphy interrupted this line Of
examination aud forbade H.
Nj Brady desired TO argue as to the ad-
instability Of his questions.
Judge Murphy SteTniy sad: am not
in the habit Of having questions argued
after they are decided"
Mi Brady replied, Il am not in the habit
Of having questions decided before they are
argued"
bTeech-action snap, Il have decided. that's
my habit"
CONFESSED AND WAS LIBERATED.
Mr.. Brady bowed submisslYely, and
turned to the Chief Of Detectives, his next
question being: What arrangements
were made between you and Campbell, be-
tween your Chief of Police and Campbell
OF between the District Attorney and
Campbeil@
Captain Lees-None whatever.
linen without any understanding be-
tween him and any Of these parties you
liberated Campbell, fed him at The public
expense and omitted to have him indicted
OF charged with any crime?
Il die not nbPrate Campbell"
"Who caused the States Attorney to
write a letter to Chief Crowley advising
him to hberate Campbell for his health's
sake?"
q do not know. WAS not present"
"Were YOU DESTROYS That Campbell
should be released for his health's sake p
Yes; l was in favor Of that"
"Then you aid concur in the writing OF
that letter.
THE CAPTAIN OBJECTS.
." was not there l object"
"Will you have the kindness" said Mr.
Brady in a m0cking tone TO the witness
to let the States attorney and Judge take
care Of you on questions of law"
Judge MuTphy-But witness has the rlght
Mr.. Brady-Then I ask your Honor TO
overrule the objection.
Judge Muir. hy-AuSwer the question,
captain.
Captain Lees didn't know the letter
was written till Campbell was discharged.
Mr.. Brady-Iu your afhdsVlt you say,
captain, that it is not true that Campbell at
any time was retained by YOU as q detective
to recover stolen property?
Captain Lees-GeS.
Then Campbell did not state the truth"
He did not"
Also as 10 your handing him Clippings?"
"If be so stated he stated a falsehOOd."
do YOU regard Campbell as credible
persona"
Mr.. BarEes-I object.
Mr. Brady TO the Witness)-In your aft
daNu you SWore you relied on Campbell's
statement in regard TO the jacobson muir
der Were YOU aware then that Campbell
had made false statements under oath?
Captain LeeS-I was not.
"D0 You now believe his other statements
concerning the murder are true?
Judge Murphy-Thaps a question for the
court 10 decide and not for the witness.
Mt Henley-Ihen his opinions ought to
be stricken from bis affidavit.
MONEY LOANED.
Captain Lees was then questioned by
LAWYER Brady about the circumstances
connected with tie loan of $40 TO Campbell
to enable him TO 60 into business al ISalla
under the name Of Arnold.
Mr.. Brady-You loaned him the money,
did you not?
Captain Lees-I did.
"Why did you advance money to Camp
bell, whom you knew to be a murderer and
q highway r0bber2'
This question engendered a controversy
ia which the Judge and counsel on both
sides discussed the question whether Cap
tain Lees had admitted that be knew Camp
bell 10 be murderer. Mr.. Henley read
CAPTAIN Lees affidavit in which Lees spoke
Of Campbell cOnfeSsing that murder 20 him.
Judge Murphy remarked that all Lees said
vas that he had a knowledge Of CamDbel's
connection with the murder. Mr.. Henley
urged that Lees said Campbell was an ac-
complice.
MURDERER"
Judge Murphy - The question now is
whether some other word than murderer"
or one less offensive to the witness, can be
used.
relation to The loan by Captain Lees Of the
$40 to Campbell, his object seeming to be
to ascertain whether the captain had ad-
vanced this amount in a spirit OF generosity
toward Campbell, or because he desired 10
keep him in the State to be used against
Bell on the hearing Of motion for a new
trial
There was frequent reference to the
reporters notes. Mr.. Henley insisting that
the witness hal undertaken to take back
what he had said when he once answered
that the money was loaned because he de-
sired to retain Campbell as a witness.
This seemed to offend Captain Lees, and
claiming that Mr.. Henley had no right 10
badger him, he asked for the enforcement Of
the rule that restricted the examination OF
a witness to only one lawyer.
he SLOWLY SAT.
Mr.. Henley arose somewhat perturhed
and said: propose to have something TO
say"
Judge Murphy-Mr. Henley! Mr.. Henley!
Mr. Henleyl
Mr. Henley began to talk. but he was in
teTrupted.
Judge Murphy-Sit down, sir.
Mr. Henley said something about insist
ing on his right 10 be heard, but he was
again met with a dark-fTOWned sit dUwn,
ST." He very slowly sat.
Judge MuTphy-NOw, Mr.. Henley, what
have you 10 say?
There was a general laugh at this turn OF
affairs.
Mr.. Henley-First I will apologize to your
Honor for not sitting down more promptly.
Having made this apology he began to
argue his right to make motions in the
case.
Judge Murphy-Mr. Henley, the Court
will not permit you to get into a controversy
with the witness, nor to address him.
Mr.. Henley-But your Honor, he ad-
dressed me.
Judge Murphy-But yen said he had
taken back bis statement l will have no
more controversy; let one counsel conduct
the examination.
Mr.. Brady, who had stood all the time
waiting this cloud to roll by, now again
turned TO the witness.
sOLICITOUs OF HIS HEALTH.
snow. captain" he said, why were you
80 sOlictOus Of the preservation of Camp
BELLS health?"
simply" answered Captain Lees, "be-
cause the State needed him as q witness,
and his health was breaking down"
you regarded him as an accom- plice In
| the murder?"
Il said nothing of the kind. suppose
! the government stood by him. as il has