The morning call., 1892-01-19

]
! thumhed the law-bOOks 10 see whether
! Avey's OffenSe was felony or a INSIDE
| mean0r. Under the Penal Code witness
| can be compelled to answer under oath
| whether he has ever been convicted OF a
! felony, but he need not answer if he has
! been convicted of mIsdemeauOT. So
/ Ayey's use Of the mails for the purpose
stated being a miSdemeanor. he need not
! have answered the District Attorneys Ques-
! ton.
! His premature admission, however, was
! damaging. and his subSequent manner on
/ the stand with his eyaSiye parties Of the
! District Attorneys questions TO ascertain
! whether he had been prompted by mer-
! Cenary motives to testify hurt him and
| BelPS cause still more.
Alvey is the man who, residing Lear the
| Jacobson residence, claims to have seen
/ jacobson going into his house on the night
| Of the tragedy Alvey came out that night
/ to drop letters in the lamp mail-box.
! A SILENT THRoNG.
The usual throng was In the courtroom
| morning and afternoon. Bel listened ca
! geTy 10 every word tie rarely turned his
| face from tie bench. The crowd in the
! courtroom stood up for hours, and kept as
! silent as a funeral pageant.
The morning passed with the reading Of
/ two new atiidayits, and with a struggle by
! Bells counsel to prevent the oral eXamjna-
/ ton Of their witnesses on any point other
! than that they had made their st1idaVts IN
! good faith.
The fight began when the District Attor-
! ney called Rev. /. c. East0n 10 the witness
stand for cross-eXamination.
The Judges and listening thronc we're
! during this struggle treated to q passionate
| Grafton from the lips Of the Chicago law
! YER Vi, y. Brady, whose mellow voice,
! shaping resonant periods, proved him to be
| a spell-buder Of extraordinary power
TIE COMMON LAW INVOKED.
Mr.. Brady was exerting himself to con-
vince judge Murphy tnat he would be
usuIpng the functions OF jury # he al
lowed witnesses to be heard at this stage
on matters of fact which involved the qUes-
ton Of the prisoners guilt. Mr.. Brady in
yoked the beauty and majesty and g0dlike
attributes # the principles Of the common
law as inducements for the court to eX-
cude all oral testimony calculated to I'M
peach the yeracity OF the afldaylts sub
scrlUed by Bel's witnesses.
\ ruling on this point was promised at
/ o'clock, 10 when hour an adjournment WAS
| had at noon.
NEW AFFIDAVIT.
/ The affidavit of James ID. Hicks, read by
! Barclay Henley, contained some new mat
| ter. His story IS as follows:
! am 2S years OF age. VIII be % years old
| the 81 OF july next. | live al III residence IF
] my mother, 2lU1 Bush street, aud have been
! living there aearIy four years Ny occupation
! has been that Of a butcher. l Am acquainted
with the jacobson family, living on the northwest
| corner OF Webster and California streets. | be-
/ came acquainted with said family about SIX
/ years ago IN delivering meat from a hutcheT-shOp
| In the ncighbOIhOOd.
ON The night OF tie shooting and upon hearing
! OF The event, went from q saloon near Fillmore
aUd California streets 10 the jacobson house
! ] went up the Steps In company with police
| officer named Warn0ck aud attempted 10 enter
| This was a very short time after the shooting
| Mis-. jacobson obi cted saying mat she did not
ant lice IA lta no
| 10 hesitate about going In. l lben said, "Go In
! there; it Is your business 10 gel H." He then
! went in the door, and Tiled 10 follow him and
! he said, "Nou had better remain OUT" which l
! did.
then went down the steps and started down
! The sidewalk aud encountered Miss UarrieL
! jacobson coming out Of Dr. Fuliet's house and
as met her she spoke about hack being 40
slow In coming. then suggested that / wOuld
| go win her To the West Eud Stables and TO.
| gether we went to the stable. Arriving there we
! found Tie horse was about han hitcbed nm IN
tho hack. / assisted In Eitculng up On the
| way 10 The stable Miss Harriet was very Impa.
! tICnt 10 get HE coupe, and she remarked In very
! strong language and In a quite excited manner
! The police are pokins In their nose where they
| are not wanted" Then she quickly said to me
! DO you know how tits thing happened?" Bc.
| fore | could eply she said There were two or
| three fOUtpads that shot my brother and thev
! had big bulls-eye lanterns" Her excited man
ner continued as we went along To the NV nv
! stable and she was jerking out remarks which
| DO not now recall, aud nearly all the time was
| nervouSly ringing her hands. When We got 10
| tile stable she was very impatient with the man
| who was Harvesting up the horse, and She
| thought he was very slow. Then | turned and
| helped the man, but she was so impatient thar
she did not walt for Us 10 get the coupe ready
| but went out and hurried up the NIL. | fastened
! up the bill after her, and by the time the coune
! got 10 the top OF the hill Miss Harriet Jacobson
got I'm and LADDERS got on the box WIN lie
! driver aud II drove away.
| When got back to tile jacobson house Mice
| Angie jacobson, Miss HRTlePs sister came
out. She had gone couple OF doors when size
| turned around and came back. She asked me TO
| go with her; that she was scared. | went Win
| her 10 GOve'S drug store. From there we went
| 10 BrOmelPs drugstore, and from there hack To
| the house. While walking with Miss Angie [
| asked her where her brother was shot and she
| pointed with her hand to part of the stomach
| and then she remarked that II the police ala nor
ieave mamma ana Harriet alone they would
| worry tbem TO death Angie was excited and
| crying. | went back into the house win her
| aud While Ia the parlor saw Mr.. Wen going no
| the stairs. Miss Angie was not dressed in rho
| usual street dress. Sue had hastily mn IN her
| wrapper or ulster as she got up. Miss Harriet
jacobson when FIRST saw her that night seemed
| 10 me TO be fully dressed.
| During the night, while | was there 7 sow nm
| Examiner newspaper reporter 10y the name OF
| CJoney lie next day after Mr. jacobson was
! shot Mr.. COOney called on me with another gen.
! tleman, who said lie also was reporter Carney
| asked ne II remembered the remark / made 70
! Nun wren ! saw nm IN the jacobson house
| which remark was This: While | was In the
| jacobson house Mr.. COOney, the reporter had a
| talk with Mr.. Well, and, after thai talk said
| " WI NOVhVy, tuo ltpOItef, - You must moi he.
| lleYe all you hear; The thing may he different
from what Is slated TO you; 1 Will see Won ON The
| sidewalk when we get out or here aud / viii
| tell you what think OF this IhlngU | mean To
! nave MT COoney understand by this Tenlark
That thought II very queer that tho Jacobson
people should nave been unwilling az | nave
| already stated here, 10 admit the polIceman
TO the house, and l also meant TO tell
| MN what my own view OF the case
! was at that Time. | did not tax 10 MIR
| Cooney on the sidewalk afteFl left the Iaeobson
| mouse, because he had hurried away and was
not there when got out With Conveys refer
ence 10 this remark the conversation between
| him and me was begun. Mr.. Coonev then
wanted me to tell him what meant Inv tbe re
marks had made 10 him In the Jacobson resi-.
oence, ana / then simply said TO him did NOT
care 10 TAX about The matter then; | was busv
anu had not time 10 bother with him and he had
better go and ak 10 Mr. Landers VINO had also
Deen NJ the jacobson house but VINO az / have
alre' dy stated. went away on the couue In when
Miss Harriet jacobson went thar pighi 90 tb9t
was al the conversation had at thai lime win
Mr. COOney. "' ''''i0 WI"
did not see Mr. COOney again TN last Thprs.
DAY night when he called on me and said he
hsd been out OF town, bat HAT he was back
again now ana on the Examiner and Thai the
Bel! case was now sensation, aud thar be had