The morning call., 1893-10-06
MATTHEW'S SIDE.
The Accused Makes "a
Statement.
AFTER TWENTY LONG YEARS
" Billy the PAGER" Sorry He Used a
Firearm-Moser Deeds Property
to His Wife.

OAKLAND.-Th trial of Louis Matheny
was resumed yesterday morning in the
Superior Court.
The morning session was consumed in
bringing in odds and ends of testimony
with the object of rebutting the evidence
given by the prosecution and of further
establishing the albi that Matheny was in
Sausalito on the night of October 10 and
not at Kuhnle's saloon, as is claimed.
The first witness called was Edmund
Touhill, brother of the dead burglar. he
said that the last time Touhill left home
he had told them that he was going to
Sacramento. This testimony was to cor
roborate the theory that Touhlll went to
Sacramento and that Matheny did not
know he had returned.
ID. l.. Sullivan, a San Francisco clerk,
testified to having seen Touhill at mid
night about three weeks before March II
on a Sutter-street car coming from the
ferry. Touhill was accompanied by a
man who closely resembled the defendant.
but was not Matheny. This was to show
that Touhill had other friends beside
Matheny.
Two hackmen, John and w. w. Moore,
were called to testify to the darkness of
the night of March 10 and so rebut T0edts
testimony. They said it was so dark on
that night that man could not have been
seen at any great distance.
Chris Van RheenaD. the barkeeper at
kuhnle's saloon, gave some testimony that
turned out to be very damaging TO the
defense. He said bullet-hole had been
found in the southwest corner of the
saloon. 1t had evidently come from the
,ot for hn dnnr
he had also found a bullet-hole in the
entrance leading to the upper part of the
building in which the butcher-shOp is
located. This is a southeastern direction
from the saloon door, The effect of this
testimony is 10 account for the second of
the two bullets which the prosecution has
claimed Officer Ely shot in the direction of
Touhill. The other bullet killed the bur-
giar.
Judge Allen and Clerk Lambert Of the
Police Court testified to proceedings had
in their court in November last in the case
OF one Charles Nelson. This was designed
TO impeach the testimony OF Officer Nick
Williams, who in November last had said
he saw Nelson in Oakland, when for three
days Nelson had been In jail somewhere
else.
At the opening of the afternoon session
Mathpny, the defendant. took the stand.
He was asked if he had been in Oakland
on tie 9th, 10th or 11th of March Of this
year and answered no. Were you on
Seventh street on the night of March 10?"
"No"
"Were you on any local train in this city
at or about O'Clock on The afternoon Of
March 10?"
No"
Did you shoot Officer Cashin 9'
"No."
"Did you advise or assist TouhIll In any
manner in the burglary Of Kuhnle's sa-
loon?"
NO"
Matheny was then shown hat, satchel.
pistol and articles of clothing and denied
that any of them belonged to him.
When asked where he had been that
night he said at Sausalito. and proceeded TO
account for himself.
According to his story he left San Fran
cisco March and returned March H.
small saloon near the water front; but,
when cross-examined, he said he had lot
registered.
After carousing for two days around
Sausalito he returned to San Francisco
still drunk. He slept an hour or two in a
waterfront saloon, then walked up Wash
iDgtOn street to Montgomery, along Mont
gomery street to Market and up Market
At Third and Market streets he met Tom
Tannian and together they went to the
New York Kitchen. where Matheny took
cup of coffee.
He went from there to Dupont-street
saloon. Then he walked down Dupont
street and started up Telegraph Hill. The
grade was heavy and the sidewalk slip
perry and tho defendant fell down re-
peatedly and got the scratches on his
knees.
Up on the top he wandered into a small
inclosurs. surrounded by stone fences and
after resting awhile started to make the
descent.
On the way down he fell again. and ran
his hands into lot of rubbish, broken
glass, etc. Here he got the mysterious
scratches and cuts on the back of his
hands.
When he reached the level ground again
he happened upon Coleman and went to
his room. Here he remained day and
night without leaving cover. He was afraid
of being arrested on suspicion of COM
plicity Of Touhiips burglary. they had
been such intimate friends.
Tom Tannian brought Matheny a
change of clothing and two San Francisco
papers, which latter contained an account
of the burglary.
His business had been making loaded
dice for cheating in gambling. They were
made in the back rooms Of the Elysium
| and other saloons from ivory tusks which
Touhill always supplied.
Matheny had shaved his mustache while
hiding that day and night in Cnleman's
rooms, the better to effect disguise.
The cross-examination brought out the
! fact that once when arrested in Los An
gees Matheny had given Detective Will
Smith the name of e. ID. Brandon as being
! his own. At another time he told the San
| Francisco police that his name was
Brown" Matheny.
| .Then what is your nams2" thundered
Mr.. Church.
"My name Is Brown Louis Matheny,"
said the witness with an injured air.
The case comes up at 10 o'clock this
morning.
After Twenty Years.
Way back in May, 1873, the following
agreement was signed at Brooklyn, N. Y.
by John Farrell aud Margaret Farrell, hi,
| wife:
| WHEREAS, Divers unhappy disputes and
| differences have arisen between the party o
the first part and his wife, for which reason tney
have consented and agreed to live separate anc
| apart, the husband consents that the wife shall
have charge OF he three children and may live
! where she pleases. and the wife agrees TO make