The morning call., 1893-10-25
Judge Wallace Loses All
Patience.
NEEDLESS QUESTIONS ASKED.
Nellie Horizons Counsel Rebuked by
the Judge-The Prosecutions
Case Is Closed.

VI OUaTleS n. daEauS was resumed yes
terday before Judge Wallace. but the
whole day was consumed without much
that was interesting being elected.
The cross-examinatiOn of the principal
witnesses for the prosecution has' seemed
to have no end, and they have been called
again and again to tell the same story.
Yesterday Mrs. Hagans, mother OF the
dead man. was subjected to prolonged
cross examination by Attorney Heyne-
mann, counsel for the defense. Mrs. Hag-
ans proved an excellent witness, and al
though maDifestly broken down in health
bore up wonderfully we'll under the trying
ordeal, rendered all the more so by the
fact that picture of her dead son was
PLACED conspicuously near her on the
witness-stand. Added to this there was
the usual passage of arms between Judge
Wallace and Attorney HeynemaDn.
William F. Huestis was the first witness
called. He is a resident of Eureka and
testified TO having met young Hagans
there travelling with young lady, under
the assumed names of &c r. Hoyt and
sister," He knew that the lady was not
Hagan's sister, but he was not sure that
he had seen her since that time. Asked
to Identity the defendant as the young
his travels the witness said he could not,
but he fancied there was some resem-
blance.
Mrs. Dora Hampton of 566 Tbirty-ninth
street testified TO young HagaDs having
boarded with her at one time. Miss Hor-
ton used to call at the house to see Charles
Hagans. and the two would meet in the
parlOr.
Mrs Hagans was then recalled for a
long and tiresome croSs-eXamlnation by
Attorney Heynemann. She told over again
the old story of her first meeting with Nell
lie Horton, and how Nellie had loaned
her $50 when she first came to the house.
Nellie was not behindhand with her board
bill. although it was true that there was
an account of S22 between them when she
left the Hagans family. The witness was
questioned regarding memorandum she
held in her hand. but she would not admit
that she had consulted it during her direct
examination, nor had she been instructed
to prepare such memorandum by her coun-
sci. Eugene n. Deuprey.
The witness was then made to tell over
again the story of the letter received one
day by Nellie Horton from Miss Jacque-
line at Berkeley.
Mrs. Hagans remem bered the name "be-
cause sounded like the lame Of the Police
Judge" referring, of course, to Judge
Joachimsen of Police Court g. Miss HOr-
the advice of the witness. and had re-
turned in very disturbed state of mind.
She had sent to Hagans for some money to
get home with and he had sent her So
without coming to see her. The witness
told her that Charley Hagans evidently
wished to avoid her and advised the
defendant to let him alone. Nellie replied,
"Oh, well. it'll all end The same"
Mrs. Hagans was then severely taken to
task upon ter evidence in the Police Court,
here she stated that the defendant had
uttered threats against Hagans. saying
such things as "pll fix him." Mr.. Heyne-
man wanted 10 show that this statement
was not meant as a threat, but merely a
girls remark"
Judge Wallace told the witness 10 be sure
that she remembe bered using the words at
tributed to her, because, as he said, ''in
the noise and hurry down there the re-
porters get thing. wrong. But they are
right occasionally"
The discussion of the words 'I'll fix
him" lasted long time. and Judge Wal
lace grew impatient. ''Mr. Heynemann,"
lie said, Il don't see the use of all this.
don't see the point, and Pm afraid there
isn't any,"
And | must protest against the court
making such statements" retorted Mr.
Heynemann. "Mr. Reporter. kindly note
an exception TO the courts remarks"
such remarks, sir, are not subject to
execution" returned the Judge. rather
angrily. ut is your conduct which is sub
ject to exception, yet | make no protest.
have been waiting patiently all morning
for the point of this examin alton. but the
fact is IL has no point. and that's all there
is about ii. Gentlemen of the jury, we
will take recess until O'clock"
In the afternoon the cross-examination
of Mrs. Hagans was resumed. On the
whole IL was repetition of the mornings S
proceedings.
The Judge told Heynemann he was vast
time and ruled all his questions out. But
an important point cropped up when Mr..
Heynemann offered In evidence f0rty-three
letters alleged to have passed between the
defendant and Hagans while the latter
was at the mines. The Judge, however,
ruled the letters out as beng lnadmissible
in cr0ss-examination,.. although they will
be unquestionably introduced in the de-
tense.
The cross-examination proceeded pleas
antly enough for while. but when Mr..
Heynemann wasted quarter of an hour
In Questions as to the particular part Of
Nellie Horizons dress on which small
piece Of lace was fastened on some part-
cular night Judge Wallace lost all patience.
This crOss-examin alton is becoming out
rageous." he said. You are introducing
matters IN cross-examinati0n that in all
probability would be ruled out in direct
examination. Counsel for the prosecution
are not obJecting, but | intend to save
time by ruling out all this sort OF stuff, OBJ
lection or no objection"
Mr.. Heynemann came up smiling once
more and asked several unimportant Ques-
tions, which we're all ruled out by the
Judge without any objection on the part
of counsel for the prosecution. Finally he
elected the fact that Hagans had slept In
his mothers house on the nights of the
9th. 7th and 9Th of July, after which Mrs.
Hagans was released from torture.
Before stepping down, however Mrs.
Hagans was asked question by Assistant
District Attorney Black concerning he,
sons condolences to her. She said tha,
young Hagans told her of his intimacy
with IA. *" supposed to be the defend
ant. In answer to question from Heyne
mann, Mrs. Hagans denied that her sor
ever told her Of violent assault upon ths
defendant in Golden Gate Park or else.
where.
The prosecution rested, and Attorney
Heynemann asked for a continuance or
the ground that he was not ready with his
case Tor the defense. Judge Wallace, how.
ever, insisted on the counsel making hi.
opening statement to the jury without de-
lay.
Attorney Heynemann thereupon had nc
cholce but to outline his defense to tn
1urV, He said ha uouId ehnpy he ovid a ~ N.