The morning call., 1893-09-26
MATTHEW'S ALIBI.
What Carroll Cook Will
Attempt to Prove.
ON A SPREE AT SAUSALITO.
A Claim That Officer Eli Killed
Cashin - The Story of the
Ride i'm the Gurney.

Al ldSL IL ID huUWu JUDI Wuht ueicuoo
Carroll Cook intends to make to clear
Louis Matheny of the charge of murder
against him and secure his release from
the terrible web of circumstances which
has been woven about him by the States
attorneys.
Matheny's attorney will attempt to
prove an allbi and be has made out very
plausible theory in his opening statement.
Yesterday morning when the court
opened there was the usual large crowd
present, and when Mr. Cook arose to
address the jury there was not even stand
ing-rOOm.
Mr.. Cook opened by comDlimenting the
jury as a conscientious and honest body of
men. and one that would listen to both
sides of a case before making up their
minds.
Mr.. Cook then launched into his state
ment without further words. He would
admit, be said, that MatheDy and Touhill
were friends and at times ssociates, but
Mr. Cook said there was nothing sgnif-
cant in that. I'VE all have friends who at
times do things of which we do not al
ways approve. Any one Of you gentlemen
is likely at any time TO have friend do
something of which you are ashamed.
'TOuhill was an expert mechanic and he
had host of friends. and they were
grieved and surprised when they learned
that lie had been engaged in the kind of
work at which he met his death. He
made dice and spring boxes such as are
used TO turn cards in playing faro and
other devices for gamblers, and in this
work he was aided by Matheny, who at
that tim was out of work and anxious TO
engage in something that would bring him
in an income.
ut was this work they were engaged In
when they visited the back room of the
Elysium saloon so often.
Il am firmly of the opinion that Touhill
was the only man in Kuhnle's saloon on
the night of the robbery. The safe sat
just back of the Darber-shop, and when
TOuhill heard the officers try the door of
the shop he became frightened and ran
first to the back room, where he broke the
window. and seeing that il was not posi-
BILE to escape that way he turned again
toward the front and determined to try the
desI crate chance of running the gauntlet
that way rather than be caught inside.
lie made the effort and the result is known,
and the same pistol that killed Touhill by
accident shot down Cashin. | say 1ouhill
alone was in that saloon, or if any one was
with him, then 1t could not have been this
defendant, and l propose to tell you why.
'Iouhill was IN Oakland on the Friday
before the shooting, and We intend to
prove 10 you that he was with another
man. We will prove 10 you that he had
other companions engaged in that kind of
business.
LAS 10 the hat found in the back room
of kuhnle's saloon, there is n proof that il
belonged TO Matheny because il was the
same size as lie wears. The great major
ity Of men wear rs hat There is moth
ing in that to convict. AS to the mud on
the clothes of the defendant, we intend TO
prove by expert testimony that II was not
from Kuhnle's backyard nor the race
track, nor was it from this county. We
are going to show that those clothes were
wet by salt water. and that the mud on
them was salt marsh mud, and that Iouis
Matheny on that night was far away from
Oakland.
We will turn our attention to Officer
Williams, the man who never made a mis-
take in identity. We propose to show that
Officer Williams can be mistaken. We in
tend to impeach his testimony. We intend
to show that ne once swOre he saw man
In the company OF vagrants when that
man was in jail.
'The testimony of Mrs. Rodgers, who
knew the defendant at a glance after nine
years is not the kind OF testimony to hang
a man on.
"As to Toedt, the cab-driyer. we will
show that he did not take the defendant
down to Seventh and Peralta streets on
that night, but that it was man named
Thompson; and, gentlemen, when you hear
his testimony L am sure you will be con-
vinced of its entire truthfulness. We will
impeach Mr.. TOedt. We will show that
he was discharged from his position for
overcharging and extorting money from
passengers. lie is not to be believed, and
II the defendant were not poor man wit
neSses like Toedt would not be around.
"On the Wednesday before the shooting
Tounlll was heard to say that ha was not
making enough money here and that he
was going East. he started East and got
as far as Sacramento. when he returned
to Oakland. This is conclusive from the
fact that he had in his possession when
killed blue ferry ticket such as is given
passenge when they arrive on the trains
and heir other tickets are taken up. De-
fendant thought Touhill had gone to Sac
ramentO or East. and began to look about
for work. He thought of the saloons and
yacht clubs at Sausalito, and thinking he
might get something to do there as
barkeeper he went ovor there on Thurs
day, the day after Touhill left. He was
alone there. and took several drinks. He
stayed all night at a certain hotel there,
which will be shown in time. He drank
considerable that night and more the
next day, and then started out for
walk up the beach. He was pretty
full In his walk he saw q boat
which had become loosened in some man
ner. and he went down near the water to
recover it@He got pole to reach il and