The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-08-10

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SIl kA. ~ meneed. The fighting
factions agreed long ago
10 settle their differ
eOiH'''"' enees out Of court and
net 10 testify against each other. Il was
while trying TO carry ont this programme
yesterday that many Of the witnesses dis
played remarkable loss of memory. Even
the "Gossoon" himself could not remember
that he was shot OF what happened in front
Of Matt Smiths saloon at Third and Hunt
streets on the day Of the encounter
First to display the wonderful loss OF
memory was Patrick Farley, conductor
on. the Third-street cars. About noon on
June IS be heard shot fred near Howard
and Third streets. and saw man Win
pistol in his hand. The man walked toward
the edge of the sidewalk. Then without a
blush the witness declared that he could not
identify Jack Welch as the man who Eeld
the pistol
Michael Stanton, a car-driver, gave similar
testimony. He heard shot and saw a
crowd. He also saw man with pistol
but would not know him II he saw MIN
Then Cornelius McManus, the "Gossoon." "
was called. but he turned out 10 be most
unwilling witness. Judge kIx Instructed
him that as be was also charged WIN as
sault 70 murder he had a right TO refuse to
answer any questions that would tend 10
apo YOU know John C. Welch?" he was
asked by the Prosecuting Attorney.
"Yes, sir"
"Did Won seer him on June 25 1892"
ayes, on Third street, between Howard
and Hunt"
time?"
"No, sir"
"Whail" shoute Judge and lawyers in
Vhan Prasecntor Nicholson recovered his
breath he asked:
TO you?"
mot that know Of"
"Dld anything happen 70 yOuP"
"Nes; ! don't know whether l was shot
or not"
Don't you know that the defendant shot
yon?"
Do you know whether you were shot or
Dot?"
Where have You been the last few
weeks"
In Oakland with one Of my brothers"
Have yon been Stck?"
"Yes, sir"
what was the cause Of your sickness2 -
well. had bad cold"
"Haye you any wounds?"
Yes, some old wounds; some since I was
born"
Il see there is an effort to dodge the
tTuth." Numbered Judge Rix.
How did You get your wOund;?" con-
tinued the Prosecuting Attorney.
got one from the kick Of a horse two
weeks ago"
How did you get the other wounds?"
II decline 10 answer"
Asked about the different statements be
had already made, the "Gossoon" lodged
every question by declining TO answer
Attorney Iuskd. counsel for the defense
iua Of
nesses. 1t was not necessary, for they had
not testified to anything Of Importance.
Charles Eekland, a streetcaT conductor
and Robert MeG0vern, barber. heard the
report Of the pistol and saw a man holding
the weapon. They could not identify
WEIGH as the man who held the pistol
Matt Smith depOsed that he was in the
saloon at Third and Hunt streets when the
shot was hTed. There was fighting" said
be, "and all hands were fighting WEIGH.
heard shot, but did not see who fired it.
! was in the saloon at the time aud W hen
the shot was fired ran ont and saw Wech
with pistol. Con McManus put up his
hand and said he was shot"
Michael Curran, the ex-bailif Of Police
Court l, testified that he was well ac-
quanted with Welch. On June % he went
alone TO Third and Hunt streets While in
the saloon he saw Frank McManus across
the street with his cart. Wech then said
TO Matt Smith: I'm afraid to 90 out, be-
cause they may follow and xiii me on Long
bridge" Curran then left the saloon with
WEIGH. and they both entered defendant!
cart Con McManus came across the street
and struck WEIGH, calling him vile names
The &c ssOon" mude another rush, when
Welch drew his pistol and fired. Con stag
Eered back and put his hand to his breast.
witness could not see that McManus used
ANYTHING except his fist when be struck
Welch.
Cross-examined, Curran said that Con Nc.
Aenus first crossed the street. He was fol-
lowed by the king" and a dozen others.
Welch did not want to fight and tried tC
avoid trouble.
Another witness no saw the sho otiuc and
who could not identify Welch as the shooter
was Alexander Stewart He was excused
In short order.
Policeman Little and Special Con Kelly
told about the arrest of Welch ana the
circumstances connected with taking the
TWO wounded men TO the Receiving Hos
pital.
This closed the case for the prosecution
aud Attorney Tuska asked for dismissal
OF the charge against Welch. In denying
the motion to dismiss Judge Rix said: al
am satisfied that WEIGH shot McManus.
Whether he was justified is another cues
non. 1t is one Of the most curious cases !
ever listened to. Eyewituesses claim they
did not see Welch do the shooting There
has been no testimony to prove that WEIGH
was seriously assaulted"
An adjournment was taken until o'clock
In The afternoon. when testimony for tht
defense was heard.
Dennis Coleman deposed that he saw
three men go 10 Welch's cart and one
OF them begin to punch him. He heard
Weieh say: Keep away from here.
don't want any trouble with YOU" Their
Welch hred the shot Witness saw blood
on WEIGH before he fred.
Robert ODay, the bailiff of Police Court
i. was In Matt Smiths saloon at the tim.
OF Tie trouble. He was standing on lad
der when he saw Con McManus run acros,
the street and punch Welch about the body
and head. ODay said be then Slid dowr
the ladder and did not see who fred the
shot.
do You mean to say that you do MOI
know who fred the shot?"
NO don't know. / was on q ladder
INSIDE the saloon and could not see the
street when the SHOT was fir .d.'
defendant Welch took the stand and testi-
NED IN his own behalf. He said that bs
bad known Frank McManus six or sever
years and Cornelius about one wear, n,
ives getting In his cart In front Of Smith,
saloon when the "Gossoon" crossed tn,
street, struck him on the side of the head
and punched him three times. 81 saw
Frank" continued Welch, land hi,
brotber-in-law, William Phillips. / toll
Con TO go away and that did not want q
nave any trouble with him. lie kept hit
ting me until / was stunned. | did a /,
ngn1 BACK and was trying TO get away"
Prlor to this time did you have uo bile
with Frank McManus?"
Yes. / had trouble three or fonr diff
lerent times. Our relations had not beer