The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-27

|
| left The courtroom.
II was neatly half-past o'clock when the
| work was completed, and then The Court curtly
| requested the counsel 10 say II they could COM
| plete their case that day. There was not the
! least hope OF the thing being done, but District
| Attorney Barnes took the hint TO 20 ahead, and
| called VIII NJ. Clemens TO the stand. Every one
/ instantly saw that sensation was in order. and
! there was movement 10 the front Of the court
to catch every word that fell from the lips Of the
| witness.
! CLEMENS TAKES THE STAND
The witness was pale but reSolute. He
! claSped very tightly In his hand a stout bamboo
! cane, the grip on which seemed to brace up his
! nerves. CAPTAIN Lees sat on the left within ten
feet of Clemens. His naturally forid face flushed
! scarlet as the witness answered the questions
/ rejecting on his personal character
"Mr Clemens" said the District Attorney do
| you reside 10 tins city and cOunty?"
| mo reside in Oakland"
! "What Is your business"
| al conduct news agency"
| ANY other business?'
mo- sir"
"Whpre do you do buslness?"
| "In San Francisco"
DO you know Joseph Schwarz PD
Yes. have known him since the 22d Of Au-
! gust 1890"
/ In response to subsequent questions Clemens
] went on TO say: Il cannot say whether | saw
! Schwartz on the 1lth OF February. | caused TO
! be written the letter now produced in court My
| OBJ CT was to obtain the signature of Joseph
| Schwartz, being satisfied that the signature to
/ his affidavit was forgery; that is the only
| reason. | didn't write The letter myself know
| ing that Schwartz was under the control OF the
police. The letter was written by young lady
| IN my onicei her name is Lord; she is my type
writer"
Being asked why he thought the signature was
! forgery, Clemens pointed out a difference In
| the spelling OF the name by the omission OF The
! LITTER a." That was the only reason why he
! ClemenS) believed the signature to the afidRYIE
was forged.
CRITICAL QUESTION.
The District Attorney now asked Clemens il
| he knew Captain Curtin of detective agency
! fame. Clemens replied that he aid; he mad
/ known him for three years.
| did you ever say TO Curtin that CAPTAIN Lees
| mad received $4,000 from the jacobson family
! 10 send an Innocent man to the gallOws?"
Barclay Henley rose 10 object that Curtin had
! already made an afidavit III this matter In reply
| to tie affidavit Of the witness now on The
stand What Is this question in reply to?
! Tie District Attorney ask this witness lie
! question because II seems to me 10 be "A serious
| charge am inclined 10 probe this matter to
! the bottom before this court
! Tuning TO tile witness, who had braced him
self M 10 the situation, Barnes repeated his
! question, The court having ruled that Clemens
/ might answer.
/ Ing that tn question was lmmateTial aud IrIeie.
! want; that Clemens might have a multitude If
/ reasons, and It would be competent for Captain
! Lees 10 reply aud SO they would drift entirely
| away from Tie real issue.
MURPHY on HIS METTLE.
Judge Murphy leaned over tie front Of bis
| desk and glared hercely at Mr.. Henley az be
/ said: III there IS anything that throws light on
/ The motives of party VINO has taken an active
! interest IN tho case and has flied an AFFIDAVIT
/ this court wants TO know II. \ broad charge
/ has been made against citizen Of conspung 10
/ hang an innocent man, 10 certainly tends 10
! show a feeling against eNptan Lees For ms
part, dislike these Wholesale charges against
/ parties IN office and our Of cfce. / think people
| should be very careful how these charges are
/ made. IL Is an unfortunate stale OF affairs. No
mans name DO WOmdn's honor is safe from
! these attacks. Here, this witness charges that
4 public officer has entered into piracy Tor
/ taking away the Iife OF TINS man Bell / think
/ be should be permitted TO be asked why he per
sOnally charges Captain Lees with an attempt 20
! murder This man. l am not ii favor OF shooting.
/ But when burglar breaks utO mans house
and steals bis coat be eau be shot with impUn'tyi
! but man who can prefer charge OF this char
acter against citizen can 20 'unwhipt OF JUS
! Iice' That is not my mind either as man OF
Judge"
MIKE DE YoUNG's TURN.
After Clemens had admitted that lie considered
Captain Lees had been guilty Of The corruption
specified lie was asked on what grounds he based
bis statement.
Clemens replied with great deIiberation: "Tne
nrst fact is THIS. i was employed by the san
francisco Chronicle at the time when Tie shoot
Ing Of jacobson occurred. | worked on iIe
case. When had secured evidence sufficient 10
prove that the man was shot In bis own house |
published an article IN the Chronicle conveying
that view. Ii embodied the opinion or thirty OF
forty Witnesses aud showed that Il was lmp0ssl-
bic for jacobson 10 have been shot on the street.
As the result OF The publication | was taken OF
the case aud tan >ferrrd 10 another. l believed
then and believe now mat IL WIS at the lu>tga-
ton Of Captain Lees / will say that IL IS al
open secfej among the newspaper men of San
Francisco that there arc confidential nndUCial
relations between Captain Lees aud NJ. IL. de
Young. / nave been al tie CuTOn cle ONCE Tor
years and the visits OF Lees then and sluce tAls
case have made me make that statement.
MIKES NEUTRALITY-SUSPICIOUS..
ANY other reasUns? asked The District AttOr-
yes" answered Clemens II called on De
Young al his Office three days ago. He said 10
me that Tie prosecution m this case bad at
tempted TO use tie Chronicle, himself ana lie
Hfn in
ton that he had put his foot on IL and stopped
il; that he wouldn't have his paper, his men or
himself used against my character. asked De
Young % he couldn't make an affidavit tOr me.
lie SAID. You know my position TOO well lie
intimaled Ihat his relations with Captain Lees
were such that lie couldn't make an afldavit on
my behalf had the suspicion that he hgd such
financial or business relations with CAPTAIN Lees
IN THIS case that he couldn't make al atildayit.
| saw +. NJ. stone, an attorney at-law IN the
Chronicle building, who Is De AOuuS's political
manager. asked Stone what he thought about
The matter, and lie said 10 me that OF course DE
lOung's relations with Captain Lees ia fnau-
cial wayIwete such that DE Young couldn't afford
10 give me The Affidavit"
A SERIOUS CHARGE.
On the District Attorney asking II Clemens
bad any other reasons Tor bis statement affect
Ing Captain Lees, Clemens intimated that his
stock OF reasons was by no means exhausted. Il
have understood" lie said from sOme patty In
authority-I can't recO .lect al this time Whe her
Il was police captain or not, that Chinese.
who was hanged 10 Iowa within the last ten
on many ores Of this kiu'. They are common
property, common rumOr IN this town"
AN INDIsCREET REPORTER,
The District Attorney asked If there were any
other reasons.
Clemens replied that there were a number OF
ecaI circumstances. One M ght OF earlV I'm
tie morning, he met on the street an EX-
aminer reporter, who told him that paper had
sensational story, aud that Captain Lees had
stopped 10 Tie Examiner Ofiice I'LL = O'Clock In
the mo ming 10 see mat II went 10.
The Dl-ttict Attorney asked Tor the name OF
the reporter.
Clement dislike to tell his name. The thing
was given TO me IN conf deuce,
Barclay Henley thought u an unfair question,
as il might lead to Tie dismissal OF Tie tnior.
mant. lie offered TO give the name To Barnes
pIlVata ~. but he offer declined and Glenn.
ems was told TO answer The question. lie paused
for several minutes and then gave the name OF
BlRelow.
Clemens also said that about two weeks ago he
met BRelOw, walked ten or twelve blocks with
him aud cOnyersCd on the case. BlgelOw made
a statement In private, personal conversation.
That was another reason why he (Clemens) based
his opinion that Captain Lees was CCnspring ia
this matter
SUPPRESSED ARTICLES.
Clemens switched back TO his friend De Young
IN giving the next series OF reasons for his I'm.
putatIOus against Captain Lees He said: 81 lert
tue Chronicle employ about year ago last Jau-
uary and started IN business for myself ! left
OF my own accord. The relations between my
self aud the Chronicle since that lime up 10
September or October were not OF The most