The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-07-28
FOR MURDER NOW.
John Carroll Dies of His
Wounds.
The Evidence in the MansIaughter
Trial Is All In and the Case
Is Being Argued.

the 7th of last May expired yesterday.
John Carroll. who had been hOvering
between life and death for some time past,
expired at 80 p. NJ. So i. is TO be antici-
pated that no matter how Daley comes out
of tie present trial for manslaughter there
will still be plenty of opportunity for him
to reflect upon his acts, as some sort of
charge will certainly be placed against
him for causing the death of john Carroll.
No announcement. however. was made
in court of John CAROLS death. and pro-
ceedings in the trial went on as usual
The examination of the defendant, Daley,
was resumed. Daley was calm and self
possessed; in fact he seemed rather to
treat the whole proceedings with contempt.
One statement he made rather surprised
his hearers. Explaining his custom of
carving pistol and the exact position in
which it lay on the morning of the shoot
ing. he stated that Carroll had pistol
when the gang rushed in. "LawtOn," he
said, rushed up 10 lis bedside in threat
ening manner, while Carroll was close be-
hind him with gun.
"Why did you shoot?" asked General
Dickinson.
because was afraid of my life. Law
ton, when he rushed up, said: Let's kill
the - - -.
In cross-examination Daley got rather
| mixed up. ard when confronted with his
testimony in the Police Court he grew con-
| fused. Daley testified that Carroll had his
left side turned toward him when he was
shot. As Carroll was shot on the right
| side this piece of testimony seemed 20
afford the District Attorney high glee, and
he did not subject him to very long cross
examination.
c. FL. Burr was the next witness called.
| L IL Ed hat hn had 6o
certain measurements in Days bedroom
the day after the shooting. He found the
peephole which Michael Lawton used Tor
| his observations" to be four inches
| square The bed was twenty-eight inches
from the floor and the lounge over the
peephole was six inches from the floor.
| There was comforter fastened to the
lounge that shut off a part of the view
from the peephoe.
Asked what his purpose was in making
these measurements. the witness said that
he did so out OF simple curiosity.
''Who sent you there| asked the Dis
| trict Attorney.
help him OUT: Sergeant Bennett of the
Pot.ero told me to go and see all / could.
but tn keep my mouth shut"
| Officer Madden was recalled and detailed
. the circumstances under which he was
first made acquainted with the tragedy.
He said that about O'Clock on the MORN
! ing of the shooting man named Fred
Klenck, one of the witnesses in the trial,
rushed into the Potrer0 police station and
| told him that there had been shooting
| scrape up the hill, that one man had been
killed and another shot. Klenck was very
much excited at the time and had pistol
in his hand, which he gave to Madden,
saying that 1t was the weapon with which
the killing had been done.
"Who did he tell you gave him the pis-
tol?"
III asked him that. but he said he didn't
know. He was SO excited that he didn't
seem able to remember anything"
| What was the condition of the pistol at
the time Klenck gave it to you?"
| Every chamber was loaded
| THE closed the case for the defense. and
| the prosecution then called in rebnttal
Mary Hood, Margaret L-nnsden. Mar
| carct Rogers and Minnie PengeIly, each
of whom testified that on the morning of
the shooting they observed that the blinds
| of LawtOn's house were drawn and the
hack door locked. They knew tho back
door was locked. because the Lawton chill
dren were playing in the yard and tried
several times to get into the house, but
failed.
MIR. Hirkle wanted these witnesses to
show that Mrs Lawton had told them that
she was in Daley's room 'bathing his
head These questions. however, were
objected TO by Attorney Dickinson and
Judge Ssawell ruled them out.
The, evidence in the case being in. AS
| sistant District Attorney Hinkle com.
menced his Argument to the jury. He did
not speak at any great length. but he
dwelt with severity upon the alleged i'm
proper relations of Daley and Mrs.
| Lawton. and did his best to show that
when Daley shot it was not from fright or
| in self-defense. but it was with deliberate
| intent to kill. AT the conclusion of
| Hinkle's address the court arose, and the
| further hearing of tho trial was continued
until Monday, as to-day Is collection DAY
and Judge Seawell thought the Jurors
might object to coming to court.
Speaking If Carroll's death, the District
! Attorney said that now Daley would be
| charged. not with manslaughter, but MUIR
der. He intends to lay the whole circum.
| stances before the Grand Jury and ask for
an indictment in this case.
The topaz took its name from Greek
word meaning guess, since the ancients
| could only guess at the locality whore this
| beautiful stone was obtained.