The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-12-09
GUARD ALEXANDER.
Convict rlarshall's Slayer Likely
to Be Held for Trial.
Contradictory Evidence by Warden
Hale and the GuardS-Alex-
ander TestifieS.
Special TO THE MORNING CALI.

SAN RAFAEL. Dec Son the resumption
OF the preliminary examination In the case
OF Guard Alexander, the alleged slayer of
Convict Marshall at San Quentin, Captain
Edgar, captain of the guard, was called to
the stand
He testified that lie held a conversation
with Warden Hale for period of twenty
minutes the night prior to the shooting in
relation to some of the prisoners contem-
plating making a break. He also stated
that he was down to the prison on the morn
ing of the shooting at an early hour. though
ii is generally customary with him not to
arrive there until A. M.
Warden Hale was then put on the stand,
and stated that at the present time there are
300 prisoners, on an average. confined
within the walls. 420 OF whom are employed
in the jute mills.
The shorthand reporter then informed
the court that his services were required in
the Superior Court, and there being no
other to take his place, the court adjourned
until 100 P. N.
When the court reeonyened standing room
IN the spacious apartment was at a
premium. The first witness placed on the
stand was Guard Waters, who testified at
the last hearing that lie was specially de-
He was in a fever of excitement, and seemed
undetermined as to what to say. The pros
ecutiOn then asked him in relation to his
last statement whether Captain Berlin
gave him any orders other than to watch
cell IL. and he admitted that his statement
at the last examination was wrong; that he
did intend to say that he was detailed for
that particular purpose.
Warden Hale was recalled, and stated
that The night prior to the shooting he held
a consultation with Captain Edgar in re-
gard to some break supposed by him to be
IN contemplation on the part of some of the
prisoners, but he was unable TO state any
particular one. He also confirmed his
previous statement that he remained at the
prison until one hour before the shooting
took lace. The rest of his testimony cor
robOrated somewhat the testimony of
Captain Edgar and BERLIN at the last hear
ing.
The last witness who took the stand was
Guard Alexander the alleged slayer of
Marshall. He stated he was placed on the
night watch at II O'Clock 10 relieve Waters,
who was stationed in room 9, and remained
there until the shooting took place. AS TO
Captain BERLIN or Edgar giving him orders
to watch cell 47, he did not seem to have even
| q 1dlnt lecDiecuon, trough ne stated tnat lie
had his eyes on cell AZ ever since he went
on watch that night. He could only zee the
form Of the men under the rays of the cleo
trio light though he could plainly see the
men when they would peep out the door.
The reason why he did not command the
men to halt was because the window was
closed down and he could not get up in
time, when Walters, the guard who was
standing beside him, testified that the win
dow was up two feet from the bottom. The
witness frequently cOntradicted himself.
The case was then closed, when counsel
asked the court to put the case over so as to
give MIN time to prepare argument. The
Prosecuting Attorney replied that he
wished to dispose Of the case now aad that
he thought there was sufficient testimony
| to bind the defendant over.
The case was then put over until Satur-
day at p NJ for argument. Little doubt
| is entertained that the defendant will be
bound over for the action of the Superior
Court.