The record-union., 1893-12-07

her at Benicia told her he was detective
ana warned her to be careful what she
said to him.
William J. Hull, night foreman of the
roundhouse in this city last year, was
called and testified that when JetferiS
came up from San Francisco on the night
/ OF the powder explosion at Oakland,
July 9, 1892, the witness remarked to HIM
that the explosion must have blown his
beard off. Jetferis replied:
es, and | came near having my
throat cut, and was in the barber's chair
at the time OF the explosion"
Further testimony of this kind was OBJ
/ Jected TO by the prosecution, and after the
/ point had been argued at some length the
court decided that the testimony should
have been introduced while the prOsecu-
ton was putting in its direct testimony,
and he would have 10 rule that 1t was not
rebuttal.
Mr. Jones then requested that Mr.. Ryan
and himself be sworn, to show that the
testimony was new and had only come to
them within the last two days.
The gentlemen were then sworn, and
| they testified that after Jefleris had sworn
that his beard was shaved Off on the 9th
Of July, 1892, Mr.. HulPs wife called their
attention to what is alleged to have passed
between her husband and Jefferis on the
9th of that month.
General Hart still objected to the intro
duction OF the testimony, but Judge
Prewett said that as counsel for the prose-
cutiCn had sworn that they could not
have known what Mr.. Hull wOnld testify
To. ii must be assumed that such was the
case, and he would have TO admit it.
The witness then testified that efferiS
told him he was being shaved when the
powder explosion occurred duly yth)
and that he was out upon the street with
| the barber's towel about his neck.
! Asked if Jeneris had ever slept on
! his engine in the roundhouse, witness re-
/ piled that he knew OF only one instance,
! and that was about the time OF the earth
! quake.
! on cross-examination the witness
/ stated that Jefferis remained i'll Oakland
on the night Of the Sth Of July, but when
General Hart tried to get him to explain
! how he was so positive as to Gates, the
witness could not give a very definite
answer. he insisted, however, that the
incident Of the 9th was impressed upon
! his memory.
Director j. A. Barwlck of the Weather
Service was called by the defense and
testified that on the morning OF the 18th
| OF December, 1892, his record showed
! that az . A. NJ. dense fog prevailed. The
wind was from the south ana the pre-
sumption would naturally be that there
was considerable moisture in the air prior
| to the hour mentioned.
On crOss-eXamination the witness said
he could not say Just how the atmosphere
was at ? A. NJ. 1t might have been clear.
His .. AZ. NJ. observation Of the previous
evening showed that it was then clear.
Mrs. Hull was called and testified that
as landlady of the Manhattan House she
saw tall woman dressed in black and
closely veiled leave Jefferis' room at an
early hour one morning in 1892. She did
not see her features.
Special officer May was recalled by the
defense and denied that, after leaving the
wituess-stand, ne had used a vile epithet
regarding Jetferis, and that he the wit
ness was going TO stand in with Ben
True against the defendant.
The prosecution recalled Al Starkey
and asked him if he told Mrs. Cox that
Jeferis was no more guilty of Miss
Ayres' murder than be. He denied hav-
ing SAID anything Of the kind. He also
denied having ever gone to Brighton in
CoX's buggy. When he and Jetferis went
out there they always got buggy at Will
son IL Sons stable.
Arthur J. Wilson was called and asked
if he had a record of buggies hired at his
stable. He said he had, and Mr.. Jones
asked him to state at what times Starkey
had obtained buggies there.
the court.
District Attorney Ryan said the prose-
cutiOn had one more witness, Andrew
Lawrence of san francisco, who had
been Ill and could not be here until
Thursday morning. He desired to put
him on the witness-stand. With the ex
ception OF that witness, the prosecution
had no more testimony to offer.
General Hart here arose and addressed
"a ri 10 hn
the San Francisco Chronicle OF a letter adj
dressed to Mrs. Fonte and alleged to
have been written by O. B. Jefferis. but
the contents Of which had been excluded
as testimony in the case.
The publication of the letter, General
Hart said, was wrong under the circum-
stances, and some person or some officer
OF the court should be held TO account
for its having been made public.
c. 4. Jones said the letter had not been
in the possession of the prosecution and
they " ere not responsible for its publica-
ton. Mrs. Fonte also disclaimed re-
sponsi bility for the publication of the
letter, aud assured him that she would
not have had it made public if she could
help it, and had even requested that it be
not read in court.
After some other explanations it was
shown that the letter had been in the pos
session of the court stenographer. but
with a few remarks from General Hart
the subject was dropped.
r. +. Cassidy, a law student, was called
by the defense to rebut the testimony of
! Officer May. He told how he had visited
Second street on the preceding night in
company with General Hart, and two or
three others. and some tests were made as
| to the possibility of Identifying person
across the street in front of the Orleans
building. Jefferis was induced to ap-
prOach from another quarter and pass in
front of the Orleans building. Officer
May came along, and W. p. Harlow tried
to convince him that it was Jefferis, but
May said it couldn't be, as the man was
taller than Jefferis.
on cross-examinatiOn the witness ad-
mitted that there were no lights burning
in front of the Union Hotel at the time.
the place being closed. tIhe Union was
open a year ago. Jetferis had on General
| Hart's hat and overcoat.
/ W. Z. Harlow testified to the same in
cident. He said that Jef]eris wore GEN
eral Hart's coat and slouche1 nat in order
/ to make him look as much as possible
/ like tie man whom officer Nav de-
scribe Jeferis. lie then told of hav-
| ing II to convince May that the man
was Juueris. but May insisted it was not.
! Witness called Jederis to come across the
/ street. but the latter did not. The other
two men present were J. Shore and Jack
Doran, railroad men.
4. T. Young, a colored youth, was
called by the defense. He testified that
on the preceding day he overheard officer
May say to man at Fourth and l streets
! that Jetferis was a that
he believed him guilty. aud that as JEFF
ferris had got Ben True fired from the
railroad company he May would stand
! by him.
on cross-eXamination the witness said
he came here from Santa Cruz, and Is a
| cleaner and dyer OF clothing. He told
| Jef1eris about it.
May, who was present in the court