The record-union., 1893-07-22
He ASKED FOR A DISMISSAL.
Jeferis' Attorney Raises an interest
ing Technical Point.
The Claim Made That the Engineer
Cannot be Prosecuted in This
County for Bigamy.

The prosecution put in the last of its
direct evidence in the now celebrated
Jetferis bigamy case at noon yesterday.
The courtroom was even more densely
crowded than on previous days, as every
body anticipated something of sensa-
ton when Jefferis' attorney, Mr.. Hart,
made his opening statement to the jury.
But they were disappointed in this, as
Mr.. Hart did not reach his opening state
ment. Instead, he made motion for
dismissal of the charge against Jetferis
on the ground that the crime charged, If
committed at all, was committed IN San
Francisco, and therefore not within the
jurisdiction of the Sacramento County
courts. Mr.. Hart and Special Prosecut-
ing Attorney Jones consumed the entire
afternoon arguing the point raised.
The court did not give decision in the
matter, but will do so this morning.
AN EXPERT UNDER FIRE.
Z, Y. Williams, the handwriting ex-
pert, was the first witness called yester-
day morning. He was placed on the
stand for cross-examination by Attorney
Hart, for the defense.
The witness was shown letter and was
asked if he thought it was written by the
same hand that wrote the signature of
Jetferis. He did not think that 1t was
written by the same hand. The hand
writing in the letter was finer than the
signatures, and was written in more
cramped hand. Being shown the name
Eugene Cough Jefferis' on the San
Mateo County marriage license affidavit
written in a disguised back-hand, the
witness reiterated his statement made on
Thursday, that it was written by Jetferls.
in spite of the attempt to disguise. a
- Il -
handwriting, said the witness, usually
gives more attention to the beginning OF
the name or word, particularly to the
capital letters. But not so much care in
Disgusting the hand is taken i'll making
the letters which toliOw-that is the small
letters-and the witness considered that
the better test could be made with the
small letters. He made his test on the
small letters in the San Mateo signature
and found that they resembled Jetferis'
hand even though an attempt was made
to disguise.
Being shown a letter written by Daniel
O'Herne and addressed to Jetferis, the
witness was asked if the handwriting
was not similar to the San Mateo sigma
ture. After examining the latter closely,
Mr.. Williams said he did not think they
were alike. There was marked differ
ence, and he did not think both could
have been written by the some person.
O'HERNE ONCE MORE.
Daniel O'Herne, Jefieris' brother-in-
law, was recalled for further cross-exam-
ination by Attorney Hart. In answer to
the latter's question, O'Herne admitted
that on the 18th of April last he made
statement to William Renfro, Mr.. Harris
stenographer, and that Renfro took the
statement down in shorthand
Mr.. Hart then read the statement to
the witness. 1t was description of the
three trips O'Herne made to Brighton
with Jefferis. In the statement O'Herne
said that he came up to Sacramento in
search of the perpetrators of the Judson
robbery. Detective Harry Morse had
promised him $1,000 if he should locate
the robbers. He thought he had a clew
and hired horse and buggy in order to
facilitate his search. He failed in his
sleuthhound work. He met Jefferis just
as he was about to put the team up.
Jetferis said he had received message
from Miss Ayres saying that If he would
come out she would give him the pack
age. They drove out, but Jetfers could
not get the letters. He complained bit
terly of this, saying that she was con-
stantly sending for him, and then when
he would 60 out she would not give the
papers up. The second trip was described,
and also the third. Regarding the latter
O'Herne is set down as having said that
he remembered nothing about it.
O'Herne, when Mr.. Hart had finished
reading the statement, said that some
portions of the statement were made by
him. But, he declared, there were por-
tions he had not said, and considerable
that he said was left out.
Mr.. Hart then asked O'Herne if, while
dining at the Western Hotel last Mon
day, Mrs. Fonte (Jetferis' divorced wife,
had not said to O'Herne's wife, We've
got him where we want him now" to
which Mrs. O'Herne replied, Eyes, that
hoI 10
mo such thing was said," replied
O'Herne. But" he added, 81 saw sew
eral spoilers around there-sent there by
somebody-who were taking in every
thing we said and did"
MIR. Hart took this as a shot at him and
riled up considerably. How do you
know they were spotters?" he asked.
II saw 'em."
"Who were they2 ?"
"Oh, don't know their naShes. One
of them said he was particular friend of
yours, though"
ment in the courtroom. Even Judge
Prewett was forced to smile.
HOW JEFFERIs WAS ARRESTED.
Justice of the Peace w. A. Henry was
then called to the stand by the prosecution.
He identified a warrant for the arrest of
Jefferis, charging him with murder and
issued by the witness on January 2, 1893.
Sheriff O'NeiI testified that Jefferis was
in his custody for several weeks. He was
under charge of murder.
The object of calling these two wit
nesses was to justify the Grand Jury in
indicting Jefferis on bigamy charge, by
showing that he was at the time under
arrest for murder. The warrant of arrest
for murder, the indictment of the Grand
Jury and the bench warrant issued OH
the indictment.
Mr.. Hart asked the Sheriff if Jefferis
was handcutfed when Detectives Burke
and True brought him into the Jail. But
Mr.. O'Neil did not know, as he was not
present when Jetferis was brought in.
Detective Burke was recalled and testi-
fed that ne and Mr.. True brought JEFF
ferris up from Oakland without serving a
but did not serve it because he could not
find the Police Judge of Oak land, and
did not get the latter Endorsement.
do you mean to say that you put this
man in irons without any warrant, sir ?''
demanded Mr.. Hart.
Il held him for murder, sir" replied
the witness.
but you put him in irons didn't you?''
IN put any man in irons who is
charged with murder"
without serving warrant"
IL had warrant"
but you didn't serve it. Now, sir,
didn't you know you were committing
the crime of false imprisonment"
mo, sir"
District Attorney Ryan was sworn and
testified that the investigation of the
charge of bigamy by the q rand Jury de-
yeloped after Jetleris was in custody
on the murder charge. The warrant
charging Jetteris with bigamy was served