The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-13
LEES ON THE STAND.
The Captain Cross. Examined in
the Bell Case.
Counselor Brady Inquiries Into the Chief De-
tectivos Motives ard Why Camp
bell Was Nourished,

ne veteran Alltl Oh lyCltttAhN' - VIZ N-''A4
Francisco police force, Captain l. w. Lees,
was on the stand under the ire OF cross
examination directed against him by the
Chicago lawyer. NJ. 7. Brady.
Captain Lees is q veteran in more than
one sense. He is q veteran witness. he
understands the pr neiples taught by Green
leaf and Starkie better than nne-tenths OF
the able men practicing at the bar in San
Francisco to-day. He is also fully conscious
of his rights as witness. The laws OF eYi-
dence have been by him converted into lac
ulty.
This sense Of power on his part along
with Counselor Brady's C0ntumaciOus
methods and habit Of Incorporating an Of
fensive argument with a question created
the conditions Of a contest In the court
room which excited and kept on keen
edge the attention of the audience from the
beginning TO the THAT will do, Captain
which dismissed the shrewd witness from
the stand.
The referee on the bench was spelling to
get into the ring. but seeing that Captain
Lees eyinced wondrous powers Of self
preservation, maintained refreshing judi
cial eQUanlmity,
A FINE AVOIDED.
A benedictine favor was given TO the pro-
ceedings by Barclay Henley, the counsel In
charge Of the case. by the unctuous interpo-
lation Of bis objections aud the dIsDl ay by
him Of a spirit Of combat toward both the
Chief Of Detectives and Judge Murphy.
The crisis OF fine for contempt was immI-
nent at one moment, but It was avoided by
MT Henley changing his perpendicular pos
ture TO a sitting one.
Before Captain Lees was called there was
some reading Of afidayits by the movers Tor
q new trial
The first OF these was that Of 81. c. Law
son. a newly discovered witness The ath-
davit declared that on the night jacobson
was killed he heard the shot, he at the time
being in his bed, three doors from and
diagCnaljy opposite the jacobson residence
He Jumped out If the bed aud rushed TO the
window but saw no one enter the Jac0 DS0n
house. From the mUtied sound OF the shot
he felt positive that II was discharged
within the house and not on the street No
one could have got away from the front OF
the house before he looked out through his
omen window. The reason be had not
offered his testimony before was that ne
did not want TO take away the time from his
business as an emplOye Of Wells, Fargo
& Co.
GAVE CAMPBELL NO MONEY
! lie lrAl h4ll.lHflA " 80 ~ A-~lAAJ ~. AN~''
Of Chicago the gentleman who met Camp
bell on his arrival in that city. MI ReNs
affidavit was very brief, and TO the effect
that be had paid no valuable consideration
tOCamub5i. T bis affidavit prOclalmlng the
Innocence ut bell.
Judge Murphy asked Mr.. Henley If be
understood from the affidavit that MI Rev
did not give Campbell any money.
hT. Henley answered that such was bis
understanding.
Captain Lees was called by Sidney Bells
counsel for cross-eXamiuatIOu on the mat
ter In his affidavit Nj Brady adjusted his
eyeglasses aud seized a fold Of straw
cOl0red paper, to which he frequently re-
ferred during his catechism. lie did not,
as is his ordinary custom, step out ID front
OF the witness.
He remained standing in his place al the
table. His manner was S,uul0usly aud
prfusiyely polite. and his first few questions
reatej 20 Captain Lees nTsJ Interview with
Campbell
IN rely the captain returned an elaborate
history u tie encounter, which was pTae-
tcaIy repetition OF the matter EMBODIED
in his affidavit. Tie examination from this
point began TO assume an aggressive tone.
BURGI r AT LIBERTY.
MT. BTady-At the time you requested
Campbell 10 cali at your Office did you know
be bad been one Of the robbers engaged IN
teTrOrZigg this community?
AHtl-Iu LcC~ NlA has AAEAAEuk AESAlE
10 see Bell l suspected him.
Captain, can YOU tell me why Campbell.
known to you to lie q highway robbeT, is not
IN PRISON no%?'
Yes, SIT
WHY, capt3inY
"Berause we have not the actual proof"
Indeed. Did you not consider you had
the proof in CampbelPS confession to you?"
Il told Campbell when / asked him for
his statement Of the various highway rob
berries that did not intend TO use 1t against
him. / received it from him with the dis
Iinct understanding that 1t was not to be
used against him"
"VGy did you agree to that?7
For the purpose Of furthering the ends
OF justice"
How was justice to be furthered by al
lowing this highway robber to roam the
streets ?"
Mr. Barnes objected to the question and
the Judge suggested that the question en-
bodied an argument
he KNEW ABOUT THE MURDER.
Mr.. Brady-What impression did you re-
ceive from the emotion dis played by Camp
bell when you asked him about the murder
OF jacobson?
Captain Lees-Tnat be knew something
about the murder
- Did you then believe that he was also
one Of the fo0tpadS by whom jacobson had
been sain?"
" did"
Yet you admitted him to parole and
allowed him 10 60 out Of your Office On his
promise to return next day?"
- did"
" DID you believe it was becoming
action? ?"
" That was my business. I am not respon-
sible 10 You for my actions"
" IOu concluded 10 detain him as a wit
ness?'
In reply to this question Captain Lees
stated that be had communicated all the
information he had derived from Campbell
to Chief sf Police Crowley and they, after
a midnight conference, had concluded to
lay the whole matter before the District
Attorney. Mr.. Barnes advised that Camp
bell be held as a witness, and he was ac-
cOTdingly locked up.
DIsLIKED COMPOUND QUESTIONS.
Mr.. Brady-What has been your general
practice, Captain Lees2 DO you permit
muTdeTers to go on parole?
Captain Lees-Mr. Brady, take the chair
IL you want to testify. or separate your
questions. / don't like compound ques-
tons.
Dir. Brady now began 70 Interrogate the
captain as to his reasons for releasing Camp
bell from jail and why be was so solcitous
nregard to his health.
Captain Lees answered that he wa 8
prompted by human kindness.
Human kindnessP said Brady.
Yes, sir, " replied the witness.
you were not influenced by q desire to
secure the conviction of Ben?"
yes, sir; 40 doubt about that but I'm
not an executiOner."
Why we're you so solicitors for Mrs.
Campbeu?"
Mrs. Campbell" replied Captain Lees.
was held as a Witness"
did you ever produce her as a witness P''
You'll have 70 ask the District Attorney
about that"
''Be kind enough, captain, to tell us your
motive for paying Mrs. CampbelPs hotel
bill?"
ut was for the purpose of keeping her
here"
FEEDING WITNESSES.
Aud you believed in providing her with
good table as an inducement for keeping
her here?"