The morning call., 1892-12-07
KNEW OF THE PLOT.
Testimony That Contradicts the
Warden.
Alexander's Companion on the Night
of the Killing Swears They Were
Set to Watch the Convicts.
Special TO THE MORNING CALL.

SAN RAFAEL, Dec 6.-The preliminary
examination of Guard Alexander, who shot
and killed Convict Marshall at San Quentin
and who was arrested on a warrant sworn
to by the District Attorney, came up before
the Justice of the Peace here to-day.
Warden BALE. Captain BERLIN and Convict
Miner. who was seriously wounded In the
affray, besides many of the guards Tho were
subpenaed byi the prosecution, were in
attendance. The court was crowded to its
utmost. as the greatest interest is taken in
the case.
District Attorney Cochrane appeared on
behalf Of the people, and T. j. Crowley for
the defendant.
The first witness who took the stand was
William Miner, the wounded prisoner, who
related his attempt to escape az it appeared
in The CALL heretofore, with the excep-
tien that the night was not very stormy !;
that while at work he could hear the
lookup guards make their rounds, although
they wore rubbers; that he and Marshall
were shot before they reached the stairway,
and that no warning was given.
DIR White, the examining physician at
the autopsy, then took the stand and de-
scribed the relative position of the eleven
wounds that appeared on Marshans body.
The next and most important witness
'-caiied wss 6usrd Thomas Winters, whose
testimony gave an insight into the whole
case. lie stated that the night of the 9th,
the night prior to the shooting. Captain
BERLIN stationed him in room 9. occupied
by two guards that same pight as sleep
ing-room, to watch cell 47, occupied by
Marshall and Miner, and detailed him for
that particular purpose. He said that he
w hty
O'Clock and went to have his supper, which
is customary with his watch, but returned
shortly after and went to bed In the same
room, leaving Guard Alexander sitting in
the room watching cell AZ. He awoke at
an early hour the next morning and was
standing beside Guard Alexander at the
time he fred the two shots. He said that
Alexander placed blanket about two feet
from the top of the window so as to make
the room appear darker and that he saw
two men walking toward the stairway in
the balcony when the defendant fired the
two shots. The witness also stated that be
was married man; that it is customary
with him to go home after duty, and that
heretofore he had been stationed at the old
brickyard outside the prison walls. He
was the guard who fired at and wounded a
man thought TO be an opium-smuggler
within the prison grounds a few weeks ago.
Captain Of the Guards Berlin was the
next witness TO take the stand and during
the whole cross-examinatiOn was very ner-
vous and careful in his remarks.
In response to question from the prose-
cuiion as to whether he detailed Guard
Winters in room 10 watch cell AZ, he
stated that he might have. but he had no
recollection of it. His explanation as TO
why he placed the man in this bedroom and
not on the wall was because the night was
stormy and he desired to give the guards
shelter.
The prosecution then asked the witness
why he did not place them in one of the
eleven sheltered guarihouses on the wall,
and he could not answer.
Atthis point counsel argued for contin-
uance till tomorrow morning at o'clock,
when Hale and several of the other prison
officials will be placed on the stand. The
sentiment now is entirely against the
actions of the prison officials in the matter.
The whole blame Is placed ON the warden.