The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-20
The CLOSING APPEAL.
Barclay Henley Closes His Argu.
ment i'm the Bell Case.
His Contention Why the Condemned Individ-
ual Should Be Granted a New Trial
Schmidt and csmpbelps Testimony.

The last day Of the Bell case, in its pres
ent aspect, opened yesterday with the usual
crowd In attendance in Judge Murphy's
court. There was, however, a decided thin
ming out of the legal lights and privileged
ones inside the rails, and this enabled a
number of spectators to be provided with
seats. The three Judges-Murphy, Trout
ana Slack, whom waggish classic eharac-
teriZed as Minos, Hscus and Rhadamap-
thus, took their seats at half past 10 o'clock.
Barclay Henley took up the thread of bis
argument at the point where ne had insisted
that a man like Campbell. who had con-
fessed to numerous perjuries ana felonies
and who had over and over again retracted
his retraction, ought not to be believed on
his oath as against Sidney Bell.
Mr.. Henley pursued the argument by con-
tending that it was monstrous to suppose
that man like jacobson, an athlete weigh
ing 200 pounds. would have suffered puny
pigmy like Bell to wrench his hands away
knowing that Bell was about to use a pis-
toll But there is nc likelihood that Bell
killed jacobson, even admitting the former
to have been q fo0tpad. Burglars and foot,
pads, as rule. do not kill. unless In self
defense. Their object Is robbery, not re-
ven2e. How strange, too. that in the al
legged encounter on the public street there
was no cry for help.
Henley IN a contention that 1t was onts
impossible to reconcile the prosecutions
theory OF the movements OF jacobson inst
before and after the shooting with the ac-
tual facts, 1t is utterly impossible for Bell
to have committed the homicide in the man.
ner described by Campbell, or out on the
sidewalk at ALL
Mr.. Henley claimed that as rule when n
man is shot the whole household is aroused
hue and cry raised and the officers of Jus,
n ra N lNy frFeaf.l "a
track OF the sassailant. What was done in
this case? Why there WAS marvellous in
conceivable desire 10 hush everything nm
MISS Alice jacobson begged Captain Doug
las 10 Keep the matter out of the papers.
He replied that he had no control over
them. Then every effort was made by the
Jacobsons to exclude the police from rhe
house. And why should Miss Angie ia
cobson give as reason that the servant
was no; called up because The loss of sIeen
would have made that servant unfit for
household work the next day? Was that
the likely train OF thought of a woman
whose brother was writhing in the agonies
of death?
After a brief pause Mr. Henley re-
submitted the proposition that the court
had erred at the trial in instructing the iury
Tn at campbell was an accomplice of Bell
aud also that there was a charge OF Icons i'm
The alleged confession of jacobson. He
further pointed out the significant testi-
mony OF DIR. Fuller. that on entering the
Jacobson house he smelt burnt gunpowder.
A tremendous influence had been brought
by the prosecution to bear on Schmidt and
Campbell far greater influence than the
few hundred dollars which were admitted
TO have been given to Brown for the pur-
poses Of the defense. The latter had To con-
tend with the tremendous force concentrated
in the hands OF Captain Lees
After some structures on the Police De-
partment Mr. Henley concluded by saving:
1T is assumed that Bell confessed TO
Schmidt. Any such assumption Is a gross
violation OF all probability. Why should
he confess to Schmidt-fhe man who came
to him reeking with the orders of crime and
prison? Why unnecessarily aud cause
lessly place himself at the mercy OF such
wretch? 1t is monstrously improbable
Men do not confess the crime of murder
unless under certain circumstances and con-
dltlons. Sometimes upon deathbed when
the worm OF remorse has sunk its fang dean
into the heart, the tortured lips may shrek
forth al agonizsd confession of guilt or
penitence; OF at times the intellect NAV be
STEPPED In intoxicati0n and unconscionsIy
babble forth that which may lead to detsc-