The morning call., 1892-03-05

denial OF any acquaintance with William I.ebes
or Of having conversed with him concerulng Jo-
sep; Schwartz.
The third was a very long personal affidavit,
also by Clemens. as 10 his connection with The
Bel case fiom The day aft-r the shooting Of
jacobson up 10 the present time.
Clemens supplemented these by score OF am
davis certifying as 10 his good character aud
reputation for veraeity. Among The atlantis
Dodge. ex-Clerk of San Diego County; f. d.
" aite, San Diego; L. n Sullivan san Diego:
J. N. Hammond. San Diego; Frank ii. Whit.
ney and George L. Fisk. attorneys Of Oakland !;
III. +. Squires, Oakland Times Harry L. Taylor
Alameda; General John McComb ex.United
States Marshal Franks, Attorney Carroll Cook
Paui z. Harlan, j. {. Green aud K. V. Breed, OF
San Francisco
The very latest affidavit OF the batch was
career and declaration OF his good Standing as
newspaper man aud q citiZ n.
ARGUMENTS BEGUN.
IL was arranged after a brief discussion that
arguments and that the District Attorney should
have the final reply.
Mr.. Swift then argued the motion for new
trial on The facts, leaving MIR. Brady to lay down
the law on the matter.
In his argument, which lasted about an hour.
MI. swift contended that in The trial OF Bell the
prosecution utterly failed to show that S. 81
jacobson had alighted from car TO- This link
IS totally missing IN the chain OF evidence. He
showed that jacobson had been seen going home
from Suffer aud Kearny streets after leaving
the lroquois Club. III plenty OF time to catch ear
y. Dy winch the defense claims that he trave led.
IL IL iue that no one saw jacobson get on or off
car 8. but the same thing applies to car TO-
which left seven minutes later. Ii is jmDOssible
10 escape The conclusion that jacobson was
Killed In his own house. AS TO the charge made
Dy The prosecution that the defense Is irving to
oesmirch The honor OF members OF the jacobson
FAMILY. ne regretted that IL should be made but
the conclusion Is as stated. The prosecution
claims that jacobson was accosIed by two foot
pads one OF whom told him 10 throw up his
nands; mat on his doing so he tightly grasped
The others wrists; that this man (BelD wfeuched
one wrist free. drew a pistol and shot Jacobs on
In The stomach. Is 1t credible that jacobson,
mortalIy wounded, could have mounted twelve
steps. gone into his house and gone upstairs
without attracting attention under such circum-
stances?
Looking very expressiveIy at Sylvan Well.
who sat close by, Mr.. Swift commented on the
fact that when Hattie jacobson look a coupe
and went 10 WeilPs house after the shooting :he
whole conversation was conducted in WHISPERS.
and that at The jacobson house every effort was
made 10 hush the matter up, 50 much so that the
servant In the basement knew nothing Of the
shooting till tile next morning.
BRADY's APPEAL.
mali Brady was suffering from a severe attack
OF hoarseness when he arose TO speak
MIR. Brady commenced by citing various legal
authorities in support OF his application for a
new trial He submitted two propOsti0us: First
that where II Is discovered that conviction has
been obtained on perjuTed or suborued evidence
new trial must be had secondly, that with The
newly discovered evidence jury could lot come
10 tIe same conclusion as AT the previous trial.
Ii Is now for your Honors 10 determine the
right OF tins, your fellowman, to exist on the
earth on which The omDip0tent has placed him.
You value your right TO live. That right Is lust
as dear 10 INN. My duty is now being performed,
yours Is not about to end. Ii may be that your
Honors Will ind under the goad OF conscience
and the inspiration OF your convictions that this
defendant has Right TO a new trial.
he states main witness against this man
was l.. w. Campbell, who appeared as Bells ac-
complete. Campbell has sworn that his testi.
nony was entirely false; that he was paid vari-
Gus sums OF money and promised Immunity from
prosecution. lie Ietracls his Chicago aud
Truckee ailidayIts, swearing that In making
them he had again sworn falsely. This Is the
man on whose testimony, coTTobOraied by the
evidence Of another yaga bond the verdict against
Bell was founded and fabricated.
" w III you as Judges, OF whom the omnipotent,
the Judge OF ali Judges, shall one day demand
an account, declare that the testimony Of these
men is 10 be believed? Forbid IT, God forbid
II your manhood your citizenship. your desire TO
live within the protection Of a reign OF law! As
snen who claim a conscience, as not strangers to
honor, you dare mol take this mans life al the
baugman's hands.
GAMBLERS AND DICERs' oArHs.
"What have we 10 contend with here? Per-
jury ! The great English poet has spoken OF The
value OF gamblers ana diceTs' oaths. Does your
Honor addressing Judge Murphy individually
believe the man Campbell who deliberately as
sailed your character and plunged you Ia The
black sea OF iDfamy seeking TO rob you OF the e..
spect OF your fellow citizens False Ia part,
false In all. A man convicted o. classifying In
one Instance cannot have his testimony Te-
speeted unless cOrOboiated by credible Wit
nesses. VINO coTrOo0rates Campbell? Those
who have employed him confess him 10 be a
per1ureT aud a kcoundTel What was Schmidt
who was The other Important witness for the
prosecution? Did lie not admit that his confess
sion aud statement were perlured ubiquitous and
damnableo"
Here MI. Brady paused TO make scathiDg de-
nunclatl0n OF the relations between Campbell
and Captain Lees. lie said: There IS no other
Explanation than that Campbell was compens ated
10y The Stale for bis tIeacbery. i am entitled 10
my tn tf.an MOI.
son; bu; this villain and self-conlessed murderer
walks the streets couplenanced and supported
by the police Of San Francisco, and no man can
defend himself against such a repTobate without
putting bis own life ana liberty in peril. Que
would think the foes OF liberty ana not the com
mUnwealtb ruled This city. This fellow, Camp
bell, sits here in court, Ike English dude,
ginning, unmoiested and unlndicte l."
Mt. Brady finished by summing Up the evil
dence OF i've Witnesses In favor OF the cefeuse
aud irium pbanify claimed "A Eew trial.
Tie case will probably be concluded to-day.