The record-union., 1892-03-17
WHO WAS TO BLAME !?
big Neck" Smith, or His Victim,
Patrick Brannigan
Testimony on Which Judge oravens
Held Smith to Answer in the
Superior Court.

The preliminary examination of George
H., alias 'Big Neck" Smith, for the
murder of Patrick Brannigan, was re-
sumed before Judge Cravens yesterday.
Smith, with his customary serenity of
expression, took his seat by the side of
MS attorney, G. L. Jones.
}. b. Harris, reporter on the Bee, was
called, and testified that he was standing
In the business Office of that paper, few
1eet from where Brannigan was shot. He
had better view of Smith than of Bran
nigan, but said Brannigan was either
down, or falling, when the second shot
was fired. He said Smith held the pistol
within three or four feet of Brannigan
when the last two shots were fired. His
attention was riveted to the pale, de-
termined look ON Smiths face.
Jessie Slaughter testified TO seeing three
shots fired by Smith, that Brannigan was
down at the time the second shot was
fired, and that he saw no weapon in
Brannigan's hand.
Cross-questioned, he said he was some
distance away, but could see that
Brannigan was down when the second
shot was fired.
BRANNIGAN COULD HAVE SHOT.
John Norton, a saloon-keeper, testified
that he was standing right behind Smith
when he fired the first shot,. He heard
nothing said. He saw a white-handled
pistol near Brannigan's hand, after he
had fallen; Brannigan was ON his knees
when the second shot was fired. He said
Brannigan stood in a position whereby
he could easily have shot Smith.
Upon Smiths weapon being called for.
it could not be at once produced in court,
ii having been sent to the Coroner's office.
Attorney Jones admitted that the pistol
previously shown him by officer Glib
son was the one Smith used.
Recess was then taken until 1:30 o'clock
an the afternoon.
JANsoN HEMANwAY's STORY.
At the afternoon session the first wit
ness called was Janson Hemenway. a
carpenter. On election day he was near
the Third-street polling-place and wit
messed the shooting. In passing the Bee
office he encountered a crowd of men
rushing away from there. He heard an
exclamation, "Stand back ~ and saw
man draw pistol and shoot. When the
second shot was fired he saw Brannigan
fall, and then a third shot was fired. He
did not see Brannigan when the first shot
was fired. He commenced to fall before
the second shot, and was nearly upon his
knees when the second shot was fired.
When the third shot was fired Brannigan
lay upon his back. Witness did not see
any weapon in deceased's hand nor on
the sidewalk, nor did he see Smith adj
vance after the first shot. He thought the
men were about twenty feet apart when
the first shot was fired.
WEAPONS IDENTIFIED.
Coroner George II. Clark was called to
identify the pistol taken from Smith after
the shooting. He also identified two
other pistols, one of which was taken
from deceased's s person, and the other re-
ceived from Jailer White supposed to
have been dropped by Brannigan during
the shooting).
SHOEMAKER NEELY.
Robert Neely, in front of whose shoe
makers shop the shooting occurred.
heard the first shot and ran to the door.
and saw Brannigan fall. When the third
shot was fired Brannigan was not living
on the sidewalk, but nearly so. Saw no
pistol in Brannigan's hand, nor on the
sidewalk.
THE DEFENSE BEGINS.
The prosecution here rested, and Mr..
Jones, for the defense, outlined what he
expected to prove. He referred to certain
earlier incidents of the day, in connec-
ton with which Brannigan had threat
ened to put Smith in the Morgue before
night" that he would fix him. etc.
Smith had no weapon on that day until
advised by friends to arm himself. as
Brannigan was armed and searching for
W
polls until lie was told that Brannigan
had been taken away, but encountered
him unexpectedly. Brannigan then told
Smith he ought to be killed, although the
latter tried to pacify him. 1t would be
shown that the shooting was in self-de-
tense.
ORIGIN OF THE TROUBLE.
James A. Brown, the theatrical mana
ger, related an incident of the afternoon
in which Brannigan abused Chief of Po-
lice Drew, and threatened to whip him.
Smith told Brannigan that Drew was
pretty good little man, and that Branni-
gan might not have an easy lob. The
latter replied that he could Whip any
lnember of the Drew family. or Smith
either, for that matter. Smith pushed
Brannigan away and tried to pacify him,
assuring him that he had always been his
friend. Brannigan said that if he were
armed he would putSmi in the Morgue.
Afterward certain parties warned Smith
of further threats that Brannigan had
made.
THREE HoP-GRoWERs.
George Wittenbrock testified to having
been present at the time of the incident
referred to, his statement being almost
identical with that of Brown. This affair
occurred about 4 o'clock.
William Leeman, a ahop-grower, testified
10 having heard Brannigan say to Smith
that he would put him in the Morgue
Fred Gotobed took Brannigan away.
Half an hour or SO afterward he saw Bran
nigan get out of his cart, near Third
street, tie his horse, put both hands in
his coat-pockets and walk across the /
street. Soon after that the shooting oc-
CURED.
A. Wagner, another hop man, testified
that he witnessed the afternoon incident,
and heard Brannigan threaten to send
Smith to the Morgue. Witness also
saw Brannigan return about o'clock
and get out of his cart.
MORE OF BRANNIGAN'S THREATS.
4. Casselman, farmer, was in
Wagner's Office when the difficulty oc-
Cured about O'Clock between Branni-
gan and Smith. He heard Smith urge
Bray:nigan to go away, but the latter said
he would not. Fred Gotobed, however,
led Brannigan away, and as he did so
Brannigan said, 'You big - -
-, ifI was heeled I'd send you to the
Morgue."
GoToBED WARNS SMITH.
Fred Gotobed testified to having led
Brannigan away after the afternoon diff
Guilty between him and Smith. Branni-
gan said, Pm going home to get fixed
I'll get gun, and I'll put it TO his belly
Scotty-go away! You're talking fool
ishly."
Witness said he met Smith shortly
afterward and told him to look out.
that Brannigan said that he was going 10
get pistol TO kill him.
A SAN FRANCISCO LooKER-oS.
Marion Wilson of San Francisco testi-
fed TO having met Brannigan late in the
afternoon, when the latter exhibited
pistol saying that he was then on even
terms with smith, and would kill him.