davidaulloa/AmericanStories huggingface dataset:
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13

argument considering that Ripley was
admitted never to have been drunk In MS
life-and, with questionable taste, made
use of the prosecuting counsel in support
of his argument
However, Mr. Hinkle was not offended,
but said lie was paid to be insulted.
Counsel admitted having once been drunk
himself. bnt by deliberate intent in pursuit
of his scientific researches, in order that
he might be able to speak with some
authority on the subject should occasion
require. Here the court and every one
else smiled.
Mr. Freer also introduced the somewhat
startling thenry that the Almighty might
have directed Ripley to shoot Mr.. Mackay
for reasons probably never TO be made
known in this world. However, he wound
up by making strong and earnest appeal
on behalf of his client. and instancing
cases of epileptic disease and their awful
consequences. did his best to show that in
this might lie the secret of Rippey's act.
He also turned Rippey's intellect and
marvellous memory to good account by
showing that some fearful mental aberra-
ton must have fallen upon the old man in
the few weeks Immediately preceding his
shooting of the millionaire. 1t was care
full though somewhat lahored address
and evidently impressed the jury consider
ably.
Attorney Hnke wound up the days
proceedings by piecing together the frag-
ments of evidence fallen from the castle
which the counsel for the defense had
shattered by their eloquenee. He spoke
well and to the point and gained many
friends by reason of the absence Of vim
dictiye eagerness TO convict which he
Sh owed.
When be had concluded Judge Seawell
announced his intention of charging the
jury this morning at 10 o'clock.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13

retort discourteous from the other side.
After both Judge and counsel had got
pretty badly mixed up over the question
Attorney Freer threatened to have the
whole Of the testm ony in the case repro
duced. That settled matters. The CUES
ton was Withdrawn and DR.. Carpenter
set free.
Both sides rested now, and Attorney
Hinkle opened his argument for the prose-
cution.
His address was very brief. He was evil
IDENTIFY reseTving most of his powers for his
reply to follow later. After duly apologize
ing to the jury for being compelled TO ap-
pear in The light of a hardened villain in
driving the nails of evidence into the coffin
of decreDit old man. the attorney eau
TONED the jury in Old-time fashion to cast
prejudice to the winds and give 4 verdict in
accordance with the evidence set before
them. "Hew close 10 the line" he said,
land let the chips fall where they Will"
When Attorney Lemon rose to address
tile jury for the defense he commenced by
commenting strongly on the unusual
stamp of the case. at is n poor, aged,
wreck of man. cOntending with gentle
man in the full vigor of manhood and
backed by forty millions of dollars ten
Observation-Disclosures Chief Crowley and
Captain Lees-aud four newspaper re-
porters.
where would the great interest taken
in this case be ii John w. Mackey were
William c. Ripley? And yet you are
expected 10 believe that the prosecution
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
DALEY'S DEFENSE.
Lawton's Shooter to Plead
Self-ProteCtion.
The Trapdoor Potrero Killing Case
Now on Trial-MrS. Lawton to
Appear To-Day.

The preliminary examination Of Daniel
Daley for the killing Of j. j. Lawton on
Sunday last was begun in Judge Camp
bells court yesterday morning
The first witness called was DR.. O'Brien.
who testified as to the cause of Lawton's
death, and then Michael Lawton, the dead
mans brother, was called TO the stand.
The whole story was gone over again,
from Lawton'S standpoint. and he told
how he had set the trap that resulted SO
fatally for his brother. He had long had
suspicious that the relations Of his wife
and Daley were more intimate than they
should have been. and wished to obtain
witnesses to that effect before he brought
a suit for divorce. For this purpose Law
ton had constructed an observation hole in
the floor under his lodger's sofa. and
through this hole he watched the proceed
ings in Daley's roum. he being situated in
the cellar.
Lawton's evidence Yesterday was strong,
and showed great bitterness of feeling
against both his wife and Daley. He was
positive on the point of having caught
them both ia fagrante delcto, and all the
cToss-questionng OF Daley's lawyer could
not move him.
Tie plan laid last Sunday was the last
and John and Frank Carroll had set for
the guilty pair, but all the others had
failed for some reason. Several times
they had all been concealed In the cellar
waiting for q chance 10 catch Mrs. Law
ton with her supposed lover, but each
time something happened that prevented
them from accomplishing their object
Daley's plan OF defense will be that the
shooting was done in self-defenSe, lie sup
posing himself IN danger of bodily injury.
Lawton was questioned very closely as to
whether any of the party that had broken
into the house on the day of the murder
had carried weapons, and also whether
they had been advised to kill Daley If he
attempted to shoot them.
LawtoE said that he knew that Daley
always carried pistol, and That he kept 10
o1 a table ut the head of his bed. When
asked whether he had told his brother and
the CAROLS that Daley was armed, he said
he had, but that he had advised them 10 use
no violence, as II might cause trouble. He
had never told any one 10 take pistol,
but on the contrary had told them not to.
When shown the pistol that was found
on the body of j. j. Lawton, the murdered
man, Lawton said he recognized it as be-
longing 10 his brother, but said he had lot
carried it for years. Did not remembe T
whether his brother had it when shot or
not.
Mrs. Lswton. the woman who has caused
all the trouble. was to have been on the
stand yesterday, but the examination of
her hus band took the entire day. She
Will probably appear this morning, how
ever and. as her side of the story is en-
tirely different from her husband's, some
interesting developments are expected.
Mr.. LawtOn has instituted divorce pro-
ceedings against his wife on the ground
of infuelity. She is a present living with
her mother and has her children with her.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
ODD FELLOWS.
Synopsis of the Work of the Grand
Lodge Yesterday.


The following points of legislation were
enacted by the Grand Lodge, 1. o. o. F.,
yesterday: Request of Hermann Lodge to
have certain moneys returned TO it was
denied; Sovereign Grand Lodge to be re-
quested TO make additional provision for
members OF defunct lodges; charters or
dered for new lodges instituted during the
recess; it was refused to reduce the COM
pensation Of the grand secretary and as
sistant grand secretary, on the ground
that the present salaries were much smaller
in comparison with duties demanded and
labor involved than in former years;
Sl4 so to West Point Lodge No. 299 and 81
to Blue Mountain Lodge were do
mated on account of losses by fire :;
errors or infnrmalities at an cleo
ton cannot inValidate said election
unless said errors would affect general re-
suit 1000 copies of constitutions of Grand,
subordinate and Rebekah lodges were or
dered printed in pamphlet form, and also
printed in Grand Lodge journal; 10 cents
per capita for representative and 80 cents
per capita for general fund were levied for
coming year; the charters for jackson,
Miriam, Mignonetie, Surprise Valley,
Meridian, Fern Leaf, Ruth and Orc Elmo
Rebekah lodges were ordered revoked un-
less cause be shown Tor failure 10 report.
Actions OF lodges were reversed IN the
case of James II. Hartman vs.. Yetba
Buena No. TO- Arthur 5. Ward VS.. Oak
land Rebekah Lodge No. 16 ian appeal will
be taken from this to the Sovereign Grand
Lodge, j. r. Palmer VS.. Lemoore Lodge.
Lodges were sustained in appeals of
cases of Max NJ. Levy vs.. Magnolia Lodge
No. % and Edward ii. Schofield VS.. Yreka
Lodge No 10.
Fifty-one past grands have died in Cali
fornia during the past year. The memo
RAM committee paid suitable tribute 10
their memory. Among the deceased was
E. ID. Farnsworth, Z. G. sire. on whose
work an eloquent eIlogy was pronounced
by Hon. Charles n. Fox, P. G. NJ. "A
special committee, consisting of c. \. Fox.
+. n. Deuprey, w. IL. Barnes, S. 3. Smith
and A. &. Bartlett was appointed to take
steps to erect a suitable monument.
A unanimous vote of thanks was ten
dered the degree club OF Garden City Lodge
No 142 of San Jose, for its brilliant exeni-
plifcation of the degree work on Thursday
night
Fifteen officers and COB representatives,
representing 332 lodges have been present !;
twRnty-three lodges uDrepresented.
A recess was taken Until 10 o'clock this
morning.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13

might possibly have produced temporary
insanity.
Witness also stated that epilepsy was
hereditary disease; but the prosecution
scored a point in cross-eXaminatiGn by
eliciting the fact that no case of insanity
through epilepsy had been heard of where
the subject had not previously had an ep-
ieptic fit.
The defense rested here and Police
Surgeon DR.. SomerS was called by the
prosecution in rebuttal. He was asked to
testify as to Rippev's condition of mind
while at the Receiving Hospital, but the
question was objected to, and after spir-
tied war OF words between counsel the
question was withdrawn and witness eX-
cused.
DR.. F. B. Carpenter was the next wit
ness and testified as an expert in insanity.
having been In charge of an asylum in 1884
and 1885. lie corroborated Dr. ReIhers'
opinion as to the impOssibility OF a person
becoming insane through epilepsy without
having previously had an epileptic ft.
At this point Attorney Hnkle started
to put a hypothetical question TO the wit
ness. Take the case of a man, doctor,
whom we will call. for the sake of argu-
ment, Wesley c. Ripley" Then followed
a pretty lengthy review of the testimony,
and pretty soon the counsel for the defense
began to raise objections. as it was seen
that only points on which the prosecution
had scored were being served up for DR..
Carpenters delectation.
SO there was another war of words.
Attorney Hinkle explained by saying
that lie was repeating the testimony from
memory. which statement brought forth q
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13

has no feeling Of any kind in this case. II
is simply case OF rattle his bones over
the stones. he's nothing but a pauper.'"
And then Lemon went on to state that
there was no evidence to show that Rip
pey's pistol did not go off by accident in
his attempt to shoot himself. This was a
point that had not been advanced before,
and the prosecuting counsel smiled de-
risively.
But it was in his peroration that the
counsel woke up. mo tiara OF pearls"
shouted Lemon, ''adorns the bosom of the
wife of his early manhood. The green sod
OF the pauper's grave Will mark this mans
last resting-p place.
Il ask you. gentlemen OF the jury, in the
name OF justice and Of mercy, don't make
1t the grave OF feloD, but let the shelter
Ing walls Of the asylum for the feeble and
the destitute be his home in the years of
his age and despair"
Attorney Freer then stood up to make a
supplementary appeal for the poor old
helpless man in the dock. His opening
was not happy, for he occupied full half
hour OF valuable time In instapcing cases
OF In sanity through drink-a supeIfluous
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
MISCELLANEOUS
100000.
A Supe:h 7 Per Cent Gold Bond
Investment.
MISCELLANEOUS.

The second instslIment OF the first mortgage
7-per cent gold bonds OF the PASADENA AND
MOUNT WILSON RAILWAY COMPANY is now
ready Tor subscription IN sums to suit purchasers
ut par, giving the buyer valuable collateral prtvi
lege, which Will greatly ethan the value OF
their holdings.
ANY of these bonds If desired, win be redeemed
at par and interest upon one months notice after
the time agreed upon at time OF sale, thus giving
the holder liberal interest for the use OF money
either for short time or for the fulI term OF the
bonds. 1t is believed that with the small amount
OF bonds that will he issued in proportion to tile
cost and value OF the property owned by the com
pany and the large prospective revenue OF the
road, both stock and bonds Will soon bring pre-
MUM in the open market.
Those wishing to investigate with view TO
purchasing bonds, Will, by appon tment, be shown
over the road and ali desired Information fur
nished
The bonds can be purchased from all the banks
In Pasadena-First National Bank, Pas adena Ma
Jiona Bank and San Gabriel Valley Bank: and in
Los Angeles from the Citizens Bank and the Los
Angeles Safe Deposit and Trust Company 3l3
South Spring St: also at the cOmpaDy's Office,
Grand Opera house block, Pasadena and william
C. Murdoch manager of the Pacific Coast Savings
Society, 80 Montgomery ST., San francisco.
Thirty days Will he given to subscribers for SET
Element. Among the purchasers of these bonds
are some OF the most conservative investors Of
Los Angeles aud Pasadena. whose names as refer
ence VIII be given TO those desiring infOrma ton.
All bonds settled for before May 30 VIII have
July coupons on thus giving the purchaser equal
To 3 per cent discount.
The first issue promptly taken it is be-
lieved that this tssue-belnG the last that viii
carry spe ial advantages ali be taken within
few days To party with a capital o I $4,000
an unusually good business opening will be pre-
sented.
For more complete information and particulars
call on or address WIN. C. MURDOCH,
Manager Pacific Coast Savings Society, 80 Mont
r. $ c LOWE.
President Pasadena and Mount Wilson Railway
Company, Grand opera-house block, Pasadena.
Cal. myg TurhSa ct
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
MERCY INVOKED.
Counsel's Strong Appeal
for Rippey.
THE MACKAY SHOOTING CA Sc
Sympathy Running in Favor of the
Poor, Detected Old Defendant
in the Dock.

Attorney Lemon set up a poyel theory
in his address to The jury yesterday on be-
half Of Wesley C. Rippey, charged with
the shooting of John w. Mackay on the
oath of February last with intent TO muir
der.
The poor old defendant sat with bowed
head listening to the arguments of coun-
sel-no sign Of hope in his face, no ex-
preston other than of resignation born of
despair-while eager curious faces scanned
him from time to time as each fresh point
was made. But he made no sign.
The usual crowd was there. Captain
Lees sat in the chair which he has not for
one instant vacated during court hours
since the trial began, steadily watching
and occasionally whispering hints to As
sistant District Attorney Hinkle, who was
conducting the prosecution.
When court opened yesterday the de-
Tense called on DR.. Theodore Rethers. one
of the Commissioners of Insanity, to show
that the nervous condition in which Rip
pey had got himself through brooding over
his troubles and half starving himself
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
THE DIVE ORDINANCE.
Three Reports to Be Presented t.
the Board OF Monday Night.

Three Reports to Be Presented to
the Board on Monday Night.
The Health and Police Committee OF the
Board of Supervisors met yesterday and
discussed the subject Of the new dive ordl-
nance proposed by the Citizens League.
No definite action was taken on the sub
ject, but it was understood that three re-
ports would be presented to the board at
the next meeting. Supervisors Kennedy,
Refs ard Dundon were in favor of the
ordinance as prepared by the Citizens
League, with few alterations, aud will so
report.
Supervisor Ryan stated that he would
present a min GRITTY report to the board. as
he thought that the amendment 10 the
ordinance regarding criminals was too
sweeping He thought that criminals who
desired TO reform should have an oppor-
tunity TO go into business.
Supervisor Kennedy replied that the
saloon business was not the kind for q
criminal to enter il he desired to reform.
Supervisor Forman stated that he was
not satisfied with any of the amendments
proposed, and stated that he would submit
a modified amendment on next Monday
night,
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
WEBB ONNORTHEY
The Thorn Shooting Case
in Suspense.
Defendants Attorney Asks the Court
to Hold Him on a Charge of
Manslaughter.

The preliminary examination of Harry
Thorn for the killing Of Frank Northey
was continued in Judge Joachimsen's
court yesterday.
The first witness called was DR.. Z. c.
Webb, who stated that on the evening of
the shooting he was in Garcia'S saloon and
there saw Thorn and Northey having a
dispute. Thinking there was going TO be
a fight, Webb left the saloon and stood on
the sidewalk in front. When Northey
came out Webb told him that lie had
better go home, but Northey said lie would
not until l have done that dirty loafer
up" Ncrthey also said that he intended
ITO cut that fellows bowels OUT" and
wanted to bet 10 to 2 that he would do it
before u o'clock. The defense closed
with this testimony
The only witness called for the prose-
cution was City Surveyor FilZhugb. who
test fed as follows
II was standing in front of Garcia's
saloon, on Montgomery street, on the
evening Of the shooting Northey was
there and some one dared him to come
around in the alley and fight. | think IL
was the defendant, Thorn.
"Norlhey thenspassed on down Mont
g0merY street. / heard some one, a tall
man aud cripple, tell Garcia to give
Thorn revolver, which Garcia did.
Thorn then went toward the rear door,
half pushed by the tall man. he appeared
TO be afraid to go. and commenced trying
10 GET his pistol out before he was half
way 10 the door. When he reached the
door it was opened and l heard a shot.
Nothing was said at the time the door
was opened, and l cannot swear as to who
opened H."
The case closed with this evidence.
Prosecuting Attorney Cabanis argued
briefly that tile evidence was sufficient
TO hold Thorn for murder and asked that
he be 50 held. George a. knight, Thorn'S
lawyer, held that the defendant should be
held for manslaughter, saying that lie did
not ask 10 have his client dismissed. as he
was confident that no jury would convict
him. He also asked the court to fix
Thorn's bail at reasonable sum, SO that
lie could get cut of jail.
Judge Joachimsen took the case under
ADJUSTMENT until Monday, when he will
decide what charge to hold Thorn upon,
and also the amount of bail for his release
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
THEIR HEARTS MADE GLAD.
The Sewer Commissioners Draw
Their Salaries at Last.

The Sewer Commissioners Draw
Their Salaries at Last.
The members of the Sewer Commission,
consisting of Messrs Manson and Gruns-
ky and their assistants, were made happy
yesterday by receiving notice that Auditor
Broderici had signed their demands for
back salary.
A rush was made by the commissioners
for the office of Treas urer Widber. from
which they soon emerged with guild in their
pockets and smiles on their faces.
Auditor Broderick had delayed signing
the warrants because he had received IL
protest from man named Tucker, who
claimed that the Sewer Commission was an
Illegal body. Auditor Frederick gave
Tucker ten days in which 10 look up his
claim. The ten days were up at noon yes
terday, and the last stroke had hardly died
away when the Auditor grabbed his pen,
signed the demands and sent them with
clerk TO the office of the Sewer Com
mission.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
AUCTl0N-STORE ATTACHED.
Epstein's Pictures and Stationery
in the Hands OF the Sheriff.

Sheriff McDade yesterday attached the
auetion-store at 10 Montgomery street.
The attachment was issued for Percy
Davis, who claims that the proprietor,
Edwin j. Epstein. owes him 1894.
Sam Newman, the collector, also levied
an attachment III on a number OF pictures
said to be owned by Epstein, ana on ex-
btlIion at Newhalfs. The attachment
was issued 10 secure $685.. Newhall,
however, claimed that he had a lien on the
pictures for $500 and Newman thereupon
released the attachment, but had another
one levied on the effects in the store at 110
Montgomery street.
Shortly after the Sheriff took possessitn
of the aucilon-store a man named Schle .
niger dropped IN and claimed That lie
eWPed six music.Joxes In the store valued
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
COULDN'T PICK POCKETS.
Because He Was Physically Incapaci-
tated Therefor.

A young man named Faank l.. Smith of
405 Leaven worth street was in the dock of
Judge Conlan's court yesterday charged
with grand larceny. The complaining
witness was laborer named Kelly, who
charged young Smith with picking his
pockets at the ferry landing last Monday.
Kelly swore that he caught Smith just as
he was removing his left hand from his
(kelly's) pocket, and was positive in his
identification.
When Smith was put on the stand he
was greatly affected. and tears rolled down
his cheeks. His hand trembled so that he
could hardly hold it I'D TO take the oath.
When questioned by Judge C0nlan the
young man said that his left arm and hand
had been paralyzed for over two years and
showed the court that he was unable to
lift it. This settled the question OF his in
nocence. as Kelly had positively sworn
that it was the left hand of the prisoner
which had been in his pocket.
Judge Conlan Immediately dismissed
the case, and censured Kelly severely for
the mistake he had made.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13

at $50. Shortly afterward another man
named II. Anker entered and said he
owned :wo of the oil paintings valued at
$50. Other claimants also appeared, and
1t began TO appear to the Sheriff that most
OF the articles in the store were not owned
by Epstein, but were simply consigned
and sold on commission. The Sheriff will
make an Investigation of the after to-day.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
JEWELRY IN A SEWER.
How Burglar Tried to Dispose oil
the SWap

Thomas McGovern, the man who con-
fessed TO perjuring himself in the Cahill
divorce case some time ago. was sent to the
Superior Court by Judge Joachimsen yes
terday on two charges of burglary.
McGovern entered the houses of W. J.
Richie, 1916 Jones street. and George Nc
Creery. 81 Jessie street, some time ago.
He obtained from both about $1,000 worth
Of jewelry and yaluables.
When arrested MeGovern threw q pack
age that he had with him into sewer,
whence 1t was removed afterward by a
city prison trusty, and found to contain
some of the missing jewelry.
Bonds were fixed at $1,000 in each case.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-13
FOR PORTLAND & ASTORIA, OREGON

THE UNION PACIFIC SYSTEM 80
ocean DivislOn-and PACIFIC COAST EEisSas
STEAMSHIP COMPANY VIII dispatch from
Spearstreet wharf AT 10 4. NJ. for the above ports
one OF their Al iron steamships, viz:
STATE OF CALIFORNIA-Aprn Is, 3d. May
IL, "a.
COLUMBIA-April 26. May 8, 20.
OREGOS-Apr1 -, May 4, 16, %.
Connecting via Portland with the Union Pacific
and other diYerging lines for all points in Oregon,
Washington. British Columbia. Alaska, Idaho.
Montana. Dakota. Utah, wyoming Yellowstone
Park and ali points east and south and TO Europe.
Fare to Portland-Cabin, SIS; steerage IS:
round trip. cabin, $50.
Ticket ofhces-l Montgomery St, and Palace
HOTEL New Montgomery ST.
Freight ofiice-2OO California ST.
GOODALL, PERKINS & CO. Supt Ocean Line
II 10 Market ST.. San Francisco.