The morning call., 1893-08-23
SPRANG A MINE.
Barnes Has New Evidence
Against Curtis.
THE BOTTLE AND PISTOL.
Defendant Curtis Is Examined and
Denies All knowledge of Either
of These Articles.

10 the spectators yoSLtIudy tHaH Oh any
day since the com mencement of the case,
as Curtis himself was on the witness
stand. He gave his evidence clearly and
comp0sedly and it will be very difficult for
the jury TO decide upon the truth or un-
truth of his statements.
w. r. Vice was the first witness called
by the defense. He said that on the night
of the shooting he met Curtis in the foyer
of the Grand Opers-house in company of
Henry L. Abbey, manager for Sarah Bern
hardt, who was playing there at the time.
Curtis seemed jolly aud attempted to drag
witness and Abbey to the barroom to have
a drink with him. Witness resisted with
all his force and there was a seuffie. He
felt no pistol in Curtis clothes.
Attorney James ii. Long testified that
he saw Curtis at the City Prison after his
arrest. Curtis was very excited and see
ing Bode standing near he cried. There's
the man who called me - jew"
Dr. Cook of 224 Post street said that he
accompanied Curtis and his wife to the
theater on the night of the shooting. Be-
fore they left Berkeley witness said Mrs.
Curtis gave her husband $40 in gold to
pay a plumbers bill with. Witness stated
that he never at any time saw Curtis with
any other kind of pistol than white
handled one.
Frank z. Thompson. a Berkeley
plumber, corroborated the evidence given
respecting the bill of $40 due him by Cur
It's. He said that he expected Curtis to
visit him on the day of the shooting to pay
MS bill, but 10 his surprise he did not
turn up.
Me- A hhnt IA nf hn h0fn al
solicitor who gave testimony on Monday,
was excused. as her sister was sick. and
her testimony as given at the former
trials was read. She corrobOrated her
husbands testimony about there being
three men engaged IN the scuffle, having
looked out of her bedroom window as the
sounds OF Quarreling struck her ear.
The evidence of Ii. |. Kowalsky was also
read. He testified to having visited Curtis
at the City Prison. He asked what he was
charged with and the answer was given
him only murder. Curtis told witness
about BOde cursing him. and witne5s left,
with parting injunction to Curtis to say
nothing about it. After that kowalsky
received a visit from ToOmey ana Mullins.
two OF the witnesses, who came to him
under the impression that he was Curtis
attorney. and said they had come "to do
business" He asked what they meant,
and that two men ran away. They wanted
to know what il was worth TO them TO ap-
pear and give evidence, Witness refused
to make terms with them.
TReh NJ. b. Curtis, the defendant was
put on the witness-stand. Without any
beating about the bush he told the story
as he has told ii before of his adventures
on the fatal night. He said that he had
lived in Berkeley for many years, and on
the night ia question he accompanied his
wife to the Grand Opera-house. where
Sarah Bernhardt was playing.
After he had been in the theater a little
while, Curtis said he went out, intending
to go to the Tivoli to see BILLY" Kreling.
He paid his visit and returned to the thea
ter. only to find that the play was over
and his wife gone home. Then he thought
lie would go to DR.. Cooks, to see if his
wife was there.
''On the way" said Curtis, 81 think it
was about Mission street. l met man
who asked me for light. | obliged him,
and then the man said, Don't you know
me?' stating that he had set thestage for
me when l played 'Sam'l of POsen' down
in Atlanta, Ga. L then did my best to get
away from the fellow. but he stuck to me.
Finally L turned down toward Howard
street, intending 20 take the car to the
ferry, and knowing that my wife some
times waited for me at the end of the
road. AS | walked down the street. | was
suddenly struck down from behind with
sandbag and fell. My assailant jumpe
on me and we had a scuffle.
II remember nothing more until | was
picked up and found myself under arrest
[ protested that my assailant caused all
the trouble, but the policeman took US
both into custody. On the way my assall-
ant had trouble with the policeman. and all
at once ] heard three shots and felt N.Y.
self flung violently against the fence.
This happened on Folsom street. close to
the station. [ was frightened and l ran
away. But | couldn't run fast, owing to an
accident some years ago where l got my
leg hurt"
CuStis said vehemently M; that he
had never harmed anybody in his life,
and on that night lie was not armed. the
whisky bottle found on him was not his,
either, as he would nOtgo to meet his wife
with such thing as sOda-water bottle
full of whisky in his pocket
In cross-examlnatlon Curtis said that he
ran away, manned though ne was, ''iust AS
a bird that is hurt tries to fly away
Now, is it not a fact that, so far from
having S240 in your pocket on that night,
you had nothing at all? asked the Dis
trict Attorney.
mo. sir; 1t is not"
"WeIl. but did you not on that very day
borrow S25 from Mr.. Holz, treasurer of
the TIvoli?"
Eyes, did. But that was at noon.
wished TO purchase seats for my party at
the Grand Opera-house."
Now, is il not a fact that you had no
money to pay for drinks at the bar that
night?"
Witness explained that that was his
usual custom. He would run an account
at bars.
did you not get some whisky from Mr.
Palmer, the barkeeper. that night, and did
not he say, L have 10 bottle TO put it in,
but this soda-water bottle will do ?"
mo. sir; certainly not"
Curtis was then cross-examined con-
cerning his pistol He was asked whether
or not he was lying Oh a sofa at the Tivoli
that night, in Mr.. Holz's room, and a
black handled pistol fell out OF his pocket.
Curtis jumped to his feet and excitedly
informed the court that this was base
falsehood. He was soothed, and the
examination went on.
Did not your brother Frank come to
San Francisco a day or two before the
shooting and exchange pistols with you ?'
No. SIR"
Now, tell us this. Did not your brother
Frank receive telegram about that time
10 come 10 San Francisco and bring
Maurice's pistol with him 2"
a. No. sir. mot to nv EnnwIo,ioa IdnpJt