The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-19


vgor, bnt once held forth in the pure air
he was strangled and slain. Just such have
been the methods of the men VINO have
been seeking new trial for Sidney Bell.
The prosecution has been forced TO meet
the most terrible AniRus of modern his
tory; monster of degradation and wretched-
ness, Matched in this mlIe OF depTaylty. un-
heard Of But as soon as this monster is
lifted up from its environment OF filth and
miTe, so surely it will die. The altar Of
blasted reputation, the capstOne of which
was a woman's letter, will crumble and
melt away into the most impalpable dust
ever driven into the great winds of the
ocean. Truth is mighty and must prevail.
Mr.. Barnes said that for convenience he
would divide his address into three sections:
First, the facts; second. the law; third, an
analysis of the case put by Bells counsel.
On January 6 1890, Sidney Bell was ar
rested for the murder Of Samuel Jacobson.
On February 10 information WAS filed
charging Bell with murder. On February
! q he was arraigned and pleaded not
guilty. On April 20 he was tried, and on
May the jury brought IN verdict of
murder in the first degree. AT this trial
seveuty-fve witnesses were examined and
cross-eXamined by the people.
On August l the motion for a new trial
was made in behalf of the defendant 1t
was argued and fully submitted All the
grounds were fully covered.
On January II, 1892. the present motion
for new trial was made on the ground of
newly discovered evidence. Since then
over 100 affdavits on one side or the other
| have been filed and witnesses have been eX-
| amiDed. The turning point in this motion
| is the testimony given by Schmidt and by
| Campbell. Was the testimony Of these men
| true or false? The value of the testimony
| must be judged by the circumstances under
which 1t was given and by the incentives
! offered.
On December 4, 1890, the Chief of Police
| OF this city and county received a telegram
| from the Sheriff of Santa Clara County with
respect to certain stolen property, as a re-
suit OF which Schmidt was arrested and
! jailed. After he had been confined short
| time he made a voluntary statement to De-
| tective Hogan and an officer, from which IL
| appeared that he had assisted Sidney Bell
in certain robberies. Schmidt held out on
| the other matter, but on January 6. 1891,
Bell was arrested. About this time Attor-
| ney Peix0tto withdrew from Schmidps
case. and Attorney lawrence Kip took it
mp. In March, while Kip WAS acting for
| Schmidt, the latter told him as his attorney
that Bell had killed jacobson. In laying
the information before the department of
| justice Kip was only doing his duty as an
officer sworn under the constitution Of this
| State.
In the early part OF April. 1891, Schmidt
| sent a request to the District Attorneys
| Office Tor an interview, which was refused,
| but ultimately he made a confession. That
confession, made without promise or in
| ducement, was the only one the unfortunate
| man ever made, except a certain scandalous
letter sent to the District Attorney.
Mr.. Barnes showed how the intimacy be-
tween Bell and Schmidt had been OF the
closest character, and how strongly the
probability of Bells disclosure to Schmidt
that be had committed the murder was cor
I roborated by the habits Of criminals. The
disclosure was made within ten days after
Bell and Campbell had stood at the corner
of California and Webster streets on the
night Of tue shooting.
| Schmidt was beginning to threaten to take
his own life and 20 do various things when
DR.. Easton appeared on the scene in the
County Jail On DR.. Easton's own testi-
moDy Schmidt expressed contrtion and adj
mtted that he had perjured himself With
out any inducement Schmidt made state
ment that Bell had not told him that he hal
murdered jacobson. But now comes Kip's
affidavit that DR.. Easton told Schmidt no "
Bells friends would see him (Schmidt
| through and stand by him; that the case
would be appealed to the Supreme Court II
necessary, and, If that failed, the Genera
Government would be asked TO pardon him
Mr.. Barnes then became very earnest in
his manner as he said: what an induce
ment to hold out to man with a long tern
| of imprisonment staring him in the face
When man with the badge of respect say
to another, we will get you counsel ant
appeal your case, what is to be expected o
man like Schmidt? That interview will
duce man of Schmidt's character TO retrac
his testimony. i don't believe this was tn
only inducement.
Schmidt is dead; buried in San Quentin
the victim OF tue men who played on hi
crednlity. His cold lips cannot traverse tn
history OF this Interview. But from th
history OF the case, the pressure brought t
bear on Campbell and all the witnesses TO
the State at this trial. can any REASONABLE
man maintain for enc moment that this poo
| wretch Schmidt did not believe that h
would obtain not only his liberty but POI
ton of the Bell defense fund. 5000 of whic
was paid by the treasurer TO Kip for tn
purpose OF defending Schmidt?
Your Honor will recollect That Dr.
Eastcn testified that Kip defended Schmid
out OF the philanthropy of his heart DIR
Easton continued his visits to the Count
Jail, visiting Bell and Schmidt and carrying
! ries not obiainable In prison. with nsti NC
,, tions that they were to be divided betwee
the two men,"
STRONG LANGUAGE.
Mr.. Barnes grew more and more earne:
as he proceeded: Now Dr. Easton take
, | Detective Brown into the Jail and iptr,
duces him TO the chief jailer as ministe
OF the gospel. Attorneys and ministers ar
the only persons admitted without permits
, Mr.. Brady In one OF his eloquent period
/ has said that me n had died in the odor
sanctity who had done less than SchmiC
9 mad done in sealing his faith with his blood
: because poor, unfortunate. delu iet
wretch expected liberty, friends, freedom
b and when he found he did not get what h
r bargained for, but was convicted and sen
. to prison, he committed suicide by poison
v - believe, IL your Honors please, that
DIR. Easton believes IN the God whom b
serves and whose name he has had SO fr,
= quently and so readily on his lips durin
the trial. that lie must believe now, as ever
: Christian and God-fearing man must b,
s lieve and know. that the fraud attempted