The morning call., 1893-09-14

talked with his attorney. Mr.. Chapman,
and tried to face the situation.
{. K. Bennett, the prosecutor, sat be-
tween Assistant District Attorney Frck
and Judge Nusbaumer when the case was
called yesterday morning.
The first move was a surprise.
The prosecution announced that its case
was closed. This did away with placing
Bennett on the stand, thing that had
been confidently expected.
The eX-Mayor then proceeded to state
the case of the defendant. He held that 1t
was necessary 10 go back over the past
conduct of Prosecutor Bennett and show
what was the nature of the relations that
had existed between him and Miss Gray.
This would Shf what the fathers
provoeation had been and throw light
upon the state Of his mind at the time of
the shooting.
To this course the prosecution strsnu-
ously objected. Mr.. Midsummer claimed
that such evidence ought not TO be ad-
mitted, being Unnecessary to sustain the
theory of sslf-defenSs.
The court finally decided that the Jury
should be dismissed until 80 in the after
noon. and that during this intermission
Mr.. Chapman should tell the court what he
expected to prove and the admissibiity OF
that evidence be thoroughly discussed
The jury was accordingly excused and
Mr.. Chapman consumed the remainder of
the morning session, setting forth his side
of the case.
He did this in most dramatic and
thrilling manner. beginning in a COOL
terse, businesslise style, by degrees lower
ing his voice 10 a deep emotional note or
pitching ii out with full stentOrian ring
Sometimes he looked straight into Ben
nett's eyes, sometimes about the room, but
for the most Part at something far away
through the window.
ia told of The pleasant early homelife
IF lee Iiu of fa,,
ance on the Christian Church and OF the
meeting with the prosecutor. Hepxplained
how this acquaintance ripened into affec-
ton; how Bennett. under the representa-
ton of being single man, had courted,
won, engaged himself To and eventually
betrayed the girl.
lie detailed the daily trips of Miss Gray
to her type writing school in San Fran
cisco; the meetings with Bennett: the
walks, drives and excursions on The bay.
and the continued relations between these
two.
When BENEFITS subsequent course was
described the lawyer was stern and care
fully exact.
He said Bennett had admitted his being
married, and laughed in the girls face 60
see her shame.
DO not tell what l have done. | can
get "A divorce and put mJ children in the
jutemill TO work.
Don't expose me or will publish you
as public character.
IF you tell your father, I will fix him
and pu. him out of the way; say some
body else did it and has skipped East"
Mr.. Chapman then told how Bennett
had made fictitious entries IN hook stating
that Miss Gray had been an inmate Of sew
eral houses OF Ill fame. and this book he
threatened 10 produce as evidence against
her in cnurt If she confessed her crime.
He had said that no one would believe
her as against him, who was the secretary
of the Society for the Suppression of Vice.
The preachers and the Judges were all
with him. he had sad.
Mr.. Chapman said Bennett then began
to prosecute the girl and dog her foot steps
and to ruin her in her employers eyes
Later on, according 10 MIR. Chapman.
Bennett had sent her for remedies 10 a
certain drugstore that made Il speciality of
furnishing medicine for malpractice; and
when these preseri ptiOns did not have the
desired effect he had disguised his hand
writing until it looked like girls and
then had written letters and signed them
Miss S. A. Ferrer," and had sent them 10
Sacramento 10 be mailed 10 San Francisco
30 a specia Isl, for the purpose of buying
medicines that might produce the desired
criminal effect.
When the young woman could not con-
cea her condition from her mother any
| longer she made full con fessiun and was
out her illness. The father alone was not
informed. In time. however. he, too,
learned The story from his wife. The old
man waS stunned by the disclosure. He
was told that there was no legal course
that could be pressed against Bennett. he
wss told to be armed. for Bennett was a
dangerous man. Then came the meeting
in the City Engineers Office, when Ben
nett drew his pistol first, but neither fired,
and then came the shooting befarn the
City Hall, when Gray fired and Bennett
ran away. At that time Bennett ad made
! the first move to draw a revolver.
I'm this manner" said Mr.. Chapman
concluding. I'VE propose 10 show the pro-
vocation the defendant had that lie acted
| in self-defense and that Bennett was the
/ aggreSsOr throughout.
Judge Greene decided that the evidence,
! rs a rule. WAS admissible. rs showing the
condition of the defendants mind.
A recess was then taken.
| AT 80 O'Clock. when the court recon-
1 vened. Mr.. Chairman rehea rsed tbesa fo nj 9