The morning call., 1893-09-20
NORTHEY'S DEATH.
Was 1t a Result of Malice
Prepense?
WHAT THE WITNESSES SAID.
Harry ThOrne Said to Have Shot
From the BaCk-Door Steps,
Using His Left Hand.

the murder of Frank 7. Northey in Gar
cia's saloon April IS last, had fair start
before Judge Seawell yesterday morning.
When proceedings were resumed eleven
jurors had already been selected to try the
case, and but one N ore was needed. He
was soon found in the person of L. Good.
man and the trial commenced.
Prosecuting Attorney Hinkle made the
opening statement 10 the jury in which he
said that he expected TO show that the kill
ing was wholly uDiustifable, and that
Thorne had coolly shot NOrihey on the
latteTs invitation to fstic encounter.
The counsel talked in this way for some
little time, after which he proceeded to
call his witnesses.
@. w. C0feld, machinist. said that he
was standing on the sidewalk outside Gar
cIa's saloon on the afternoon of April 2S.
lie noticed the man who was afterward
identified as Northey standing in front of
the saloon exciLedly talking to another
man VINO stood In the half-open door.
Nortbey was talking fight and wanted the
other man to come into the alley and set
tie it," Northey then started toward Bush
street and the witness followed tim.
In erOss-eXaminatiOn the witness told his
story a little more fully. He said Northry
was throwing his arms about wildly and
evidently eager for fight. When he went
away the witness followed him as far as
Trinity place, when NOTthey stopped at
the back entrance TO Garcia's saloon and
waited. The door did not open while
Northey stood there. Presently Northey
advanced 10 the door and put up his hands
in threatening attitude, and then there
was shot and Northey fell.
Asked to identify Thorne as 1.-THE other
man." Cofeld said he could not, but he
d scrlbed 1.-THE other man" as being OF
much smaller stature than Northey, and
wearing dark suit of clothes.
The next witness was ). q. Tucker, the
contractor, of 500 Montgomery street He
it was who created something of a sensa.
tiOD both at the CoToner's inquest and the
Police Court investigation by the vehe-
mence Of his testimony.
Tucker said the first man he saw that
afternoon was Northey, who was leaning
against the cigarStand outside Garcia's
saloon. Thorne was not there, nor was
he in the saloon. What called the atten-
ton OF the witness TO the scene was the
crowd assem- bled there. 1t appeared that
NoTthey, who was drunk. had just been
thrown out of Garcia's saloon. However.
by and by Northey went up the street with
a policeman, and the witness thought he
was going home. Feeling thirsty, how
ever, and CHANGING to enter Cables saloon
c.
Northey went out talking fight all the
time.
''Then what did you do?"
81 heard there was a cocktail waiting for
me at GaTcia's," replied the witness, $50
went there. / was with Dan O'COnnell.
the journalist, City and County Surveyor
FitZhugh and Supervisor Ryan. We all
went into the saloon and stood at the cor
ner of the counter nearest the door. We
were taking our drinks when the door
opened and Thorne passed through the
saloon toward the back entrance. he had
2 long club in his left hand attached ta a
thong round his wrist.
"As he came up tall man, whom had
not seen before, but whom l afterwaTd
knew as Wilcox. hurried up and said
Don't take that, Harry Then turning 10
Garcia this man said; Frank. give him
ThorHe, while Garcia gave him a pistol.
Thorne then walked toward the back door,
holding the gun in his left hand"
You're sure it was the left hand?"
asked knight.
Positive"
Continuing. Tucker said that Thorne
ascended one or two OF the steps leading to
the back door and stood there waiting.
Presently the door half opened and a body
showed its left side. Thorne fred. The
witness Immediately said: THAT man is
shot in the LETT side, probably the stomach,
and that means DEATH"
Mr.. Tucker stuck TO this story in cross
examination, and Mr.. knight asked for an
adjournment TO allow the witness to once
more examine the back door and see il it
would be possible for any man to stand on
the steps and shoot man outside with his
left hand.
This was done. and vet Tucker persisted
in his statements. He grew rather en-
ragged when he was taxed with having tried
IN aid The nrOSArufinn hU nit
nesses. and denied the charge. He said
that Immediately after the shooting Thorne
said: That settles it," wbereupon the
witness muttered: THAT settles you"
Questioned on NOrthey's condition, the
witness said he was ''mussy." and he
wanted The police TO take him home. The
witness had had drink or two himself
but only In the ordinary way.
Daniel OCOnnell!' roared the Prose-
cutting Attorney, bailiff and assistants
And the spectators gaped in awe-strtcken
wonderment when pale. thin, smooth
faced young man came forward and took
the wltness-stand. Was this "Dan O'Con-
nell, journalist? However, 1t turned ont
that he was editor of the San Francisco
Monthly Democrat, formerly and fam-
liarIy known as the "Umbrela." ae cor
rob0rated the testimony given by Tucker.
Mr.. FiiZhugh was the next witness. He
gave pretty near the same testimony, but
he decldediy disagreed with his predecrs-
sors on some of the most vital points. He
said that ThoTne did not in the first place
carry the club in his hand, but inside his
vest. Again, wien he received the p stol
TnOrne put 1t in his pocket and started tn
the door. This the witness was positive of.
Now, Mr.. Fltzhugh. tell us; could in
your judgment any man stand on the sec
ond step OF the back of that saloon and
shoot man through the door with his left
hand?"
No; he certainly could not"
why not?"
Because there Is a great, big iron shut
ter. which surely would be IN the way"
The case will be resumed this morning.