The morning call., 1893-08-30

der and the facts OF the fatal shooting are
we'll known to the public by their repeated
recital through the press.
IL was double tragedy. for Joseph Ton
hill, one of the robbers, was killed as well
as Officer Cashin.
The desperate encounter lasted but a
moment or two. and yesterday morning in
Judge HenshaN's courtroom the two sur
vivOrs faced each other. while one of
them rec0unted The details of the mid light
battle. and the other sat smilingy by and
listened.
Maiheny himself was the most COM
posed man in the courtroom. He comes
Of good family and has many influential
friends. There is no lack of money, il is
said. behind him to push his case.
A better dressed, well fed, mora self
satisfied young fellow i! would be hard to
find. Since the time when he was photo
graphed, perforcP, with a disreputable
growth of beard, cOllarless and unkpmpt,
he has had opportunities 10 make an
elaborate toilet and the appearance lie pre-
senied yesterday was as faultesS as a
fashion plate.
In spite of his plausible looks the police
dom like the man. They know him to be
an accomplished crook, willy and clever al
his unlawful calling. The best talent
they passess is hard at work against him,
ably led by District Attorney Shook and
his Deputy Lin Church.
Nor has the defendant been idle His
! counsel is Carroll Cook, full -fiedged host
| in himself, and beside him yesterday sat
| Private Detective league, whose services
| in Matheny's behalf have been efficient and
/ tireless.
! The trial promises to be a memora BILE
one in the criminal annals OF Alameda
/ County.
The jury was secured two weeks ago. 1t
was impressed upon the jurors at that
time that the evidence presented would be
purely circumstaDtial, and 1t was required
of them that they he willing to inflict the
death sentence on such testimony.
|: may not be shown that Matheny fred
the shot that killed Cashin.
When the case was opened yesterday
morning District Attorney Shook made an
opening statement to the jury on behalf of
the people. At times the young attorn ey
was dramatic and thrilling in mis- word
picture of the midnight battle, depicting
in glowing cOlors the sensational setting of
the encounter, the dusky saloon, the des-
perate struggle, the flashing, smoking re-
volvers, the roar and dash Of the storm
without.
When he recalled the death of Officer
Cashin he drew upon his prettiest store
Of pathoS. setting forth the fearlessness of
The man and the pity Of his dying cry
"Oh, God, / am shot; am shot"
Mr.. Snuok informed the jury what he ex-
pected to prove.
He said black hat-a derby hat-was
found IN the saloon when the fight was
over. This hat, he proposed 10 show, cor
responded in size and style to the one worn
by Louis Matheny, the defendant.
| Furthermore reddish-browh satehel
containing a set of burglars tools, was
left in the saloon. Such satchel as this
Matheny was seen carrying about town
the day before the murder. Mr. Shook
said he in ntended to prove that the defend
ant was the companion of the dead bur
glar, Joe TOuhill. and that they occupied
the same room in San Francisco, and had
conspired to rob the saloon.
Attorney Cook objected TO this part of
the statement, as it necesstated the Dis
trict Attorneys bringing in events that
occnTred two months before the shooting
The objection was sustained.
Mr.. Shook then gave the history of the
big white hat-the most dangerous witness
against Matheny-and told how 1t had
been taken from the Oakland racetrack
the morning of the fight and later on was
found in the defendants room, 106 Broad
way. Sau Francisco. The wet aud muddy
clothing also found in Matheny's room was
discussed. This ended the District Attor-
ney's story.
Mr. Cook said he would reserve his
statement to the jury until the prosecution
had closed.
MT Snook then introduced into evidence
diagram showing the premises where the
fight occurred.
The first witness called was Officer Ely,
who shot Touhil as the TO5ber at
tempted TO escape by the front door. lie
recounted the circumstances of the discov-
cry and roui ~ the burglars the killing
sl==..:.. ~. ........l. -. - -as.sa -
tie premises later on. lie MAS direct and
modest 10 hls account of his own part in
the scIimmsEr. and his story carried con
yiciiou In Its hearers.
The contents ef the satehel, includi nc
picks. drills. saws. a monkey wrench, etc
wets shown 20 hlm ard identifed as the
implsmPnts found n ths saloon.
Witness told al the discovery Of a pistol
found IN the caTdro0om ~ The saloon.
Officer MuTfav saw this pistol and haded q
O. Ely. IL i believed Ia he the one dropped
by the defendant when he effected his es-
ca - from the rear Of the room.
ETY. told how ne discovered the hndy Of
the dead fnbber and waited hy it gutil the
dead wagOn came. Cashin was removed
10 the Office Of Dr. Anthony soon after he
vas shet.
Ia the afternoon session Of court Lin
Church concluded tha direct examination
of ofiiesr Ely. and Attorney Cook began
and finished the cross-examnatiun.
The object q Mr.. Cook was a. impeaeh
the witness testimony, and 10 this end he
carried him carefully over the police court
proreedings. bus with d tie rssalt
TIE court adjourned al 4.3O o'elnck ffll
this morning. The crowd waited patiently
about nntsl Mstheny had bsen nandcnffed
and led back to jail sHd fiifn Feluctan tly
dispersed
RICHARDS & Co, druggists. 4Os-s CLAY.