The morning call., 1893-08-30
MAGNER SET FREE.
Acquitted on Motion of
the Prosecution.
THERE WAS NO EVIDENCE.
The Judge Instructs the Jury to Ac-
quit, Which They Do Without
Leavin g the Box.

The trial of James Magner for the mur-
der of Robert Ogilvie on the 9TH of last
month came to an abrupt conclusion in
Judge Wallace's court yesterday on mo-
tion to dismiss made by the prosecuting
attorney.
When the hearing was resumed yester-
day morning the first witness called was j.
J. Tobin, landlord of the house where Ogil-
vie lived. He did not know much. how
ever, as he was not in Ogilvle's room on
the night of the tragedy.
Then 0gilve's father was recalled and
questioned on his sons threats of suicide.
He said that no such intention had ever
been expressed by his son.
TIE prosecution rested and Stone made
his opening address to the jury. Counsel
contended that Ogilyie was not thrown out
of the window at all, but committed sui
eide. He called attention to the repeated
threats Ogilve had made in the presence
of others that he was tired of life and
wanted to make a N end of himself. And
by the measurements of the room, which
he would like the jury to inspect, he W as
prepared to show that if Ogilvie had been
thrown out of the window he would not
have fallen so perpendieularly, but would
have alighted in the middle of the street
William Parker, seaman, said he had
met the deceased IN a Ihird-Street saloon
on the evening of the tragedy. Magness
and Magner were Of the party, and they
ali drank together. Parker went at Ogil-
vie's request up TO the deceased's room
and gave the message to his wife that he
was coming up soon. The witness told how
Ogilvie had Quarreled with his wife and
threatened her with razor Mrs. Ogilvie
ran out and was followed by Mrs. Garcia
Then Parker went out at Ogilvie'S request
to fetch Mrs. Ogilvie. Meanwhile Magness
and Maguer were trying 10 keep Ogilvie
quiet. Ogilvle threatened TO Jump out of the
window IL bis wife did not return.
Parker said that while he was ascending
the stairs on his return to the room he
heard some one say 'Good-by," and when
he reached the room he was just in time
to see Ogivie disappearing Out of the
window. MagneSs was the only man in
the room at the time. Mrs. Ogilvie rus he'd
into the room at that moment and, seeing
what had happened. began to scream aud
cry. ''0h! my God! He's killed! he's
killed." The witness took her away into
another room.
In cr0ss-examiDation Parker said that
Mrs. Garcia was mistaken when she said
she saw Magner running about the room.
Magner was not there. No cry OF "mur-
der" was uttered; but the witness dis
tinctly heard ''good-by." Parker positively
denied that he had ever been intlmat t. with
Mrs. Ogilvie, or that he had ever occupied
room in the Hampton House
James MagneT, the defendant, was then
put on the stand. lie related the circum-
stances of the evening relating tn Ogilvie's
quarrel with his wife, but he said that as
he was not in the room when the tragedy
occurred he could not say how it happened.
When he returned to the room he found
Mrs. Ogilyie and Mrs. Garcia there. and
they said something about Ogilvie having
jumped or fallen from the window.
''Did you ever hear Ogilvie threaten to
commit suieide?" asked Stone.
"Yes, sir. On the day OgiIvie left his
ship he said he had only forty eight hours
to live"
Benjamin Walters, a longshoreman, in
stanced several attempts that Ogilvie had
made to commit suicide. He was always
despondent. Once Ogilvie had said that
wanted to take his own life, but that zone
day he'd get good and full and then he'd
do it,"
Louis Oclund, longsh oremap, said he
was in q saloon with Ogilvie two hours
before the tragedy occurred. Ogilvie said
he would commit suicide, at the same time
brandishing razor.
The defense rested at this point, and
the prosecution had no witnesses to call in
rebuttal. Consequently, when after re-
cess Assistant District Attorney Black
rose to address the court it was presumed
that be was about to make his opening ar
gument for the prosecution.
All Black had to say, however, was to
the effect that as in his opinion the prose
cution had failed to make out a case
against the defendant, and as he had no
more witnesses to call, he moved that the
charge against Magner be dismissed.
Stone supplemented his speech with an
expression of thanks to the District At
torney for the fair and impartial manner
In which he had conducted the case.
Judge Wallace acted upon this advice
and briefly Instructed the jury to acquit
the defendant. which they did without
leaving their seats. Magner was then sell
free.
There was no scene of any kind, as Mag.
ner. after embracing his relatives and re.
ceivlng the congratulations of friends W he
gathered round, shook hands warmly with
Frank Stone and left the courtroom.
The case against Magness is set for to-
day, but as matters look now il is prob
able that the same course will be taken
with him as with Maguer.