The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-09-13
OVER IN OAKLAND.
Matheny Is Measured in
Court.
HE GRAY-BENNETT TRIAL.
Carl Schieg Again in Trouble-Lep-
rosy in the County tfospitaI-A
Ring, Money and Boy.

on trial LOT MS lie. was resumed yesterday
morning before Judge Henshaw. Ma
tbeny came into court looking weary.
TAILOR flnkinG took the stand the first
thlng IN the morning. He had not COM
pleted his testimony when court adjourned
the evening before. The testimony in re-
gard 10 the measurement OF the clothes
made Tor Matheny was proceeded with.
The witness had already testified that he
made the clothes worn by Matheny on the
night of the robbery, and he was asked to
measure the clothes then worn by the de-
1endant. He turned Matheny this way
and that and the defendant was as passive
as a child. He said he made the clothes
Matheny then wore.
In cross examination Mr.. Cook asked
Can you say positively that Matheny is
the man for whom the measurement was
taken that you have in your book?"
Yes, sir"
Now, will call your attention to the
following testimony given by you in the
Police Court
Mr.. Cook. reading:
Q-Look at this defendant carefully and saw
according TO your best belief whether or NOT
from his looks you can identify him AS the per-
son Tor whom you MADE the Two suits of
clothes. one on July and enc on September
You like.
A.--Tne defendant has a different look than
what lie had at that time.
Q.-DO yOu remember whether or not that
man had Il muSIache2
A.-Well, l couldn't say.
Q.-Aou have no distinct remembrance as to
the mans looks except in a general wav?
A.-Well, l couldn't say positively. / believe
1t is the man, but could not swear TO II.
MIR. Cook, continuing-Did you give
that testimony in the Police Court?
That testimony is correct" replied the
tailor. That is what l mean to say now"
Meyer. the halter. was recalled. for re-
direct examination. So also were l.. p
Stevens, the man from whom the famous
white hat was stolen, and Detective Dow
ney.
A. NJ. Schultz, the proprietor of the
Champlin shOestOre, was put on the stand
ana testified that he marked the shoes that
Detective Holland brought him and identi-
ned the shoes IN evidence as being the
shoes in question.
This almost closes the evidence for the
prosecution, with the exception of that of
DR.. Dunn, who attended Cashn when he
was lying dying Mt the hospital. and who
made the post mOrtem examination on the
BODY. DT. Dunn also examined the
scratches on Matheny's hands and legs,
which were said to have been made by
glass of the window when the robber went
through and ont into the storm. The pic
lures showing these scratches were intro
duced IN evidence yesterday.
The Latest Sensation.
Oakland now has another drawing card
Oh the boards and II promises to be more
attractive for courthouse hahltues and
curiosity-seekerS than the Murphy case.
or even ;he Matheny case. Indeed the
crowd in judge Henshaw's courtroom
thinDed out peTceptibly when the show
opened in Judge Greene's de partment yes
terday morning. ana even the mOnOtonOus
work Of getting a jury 0 sit in the latest
senSa ion-the Gray case-was of interest
enough 10 hold d goodly crowd Of Specta-
tors.
The Gray case. better known as "the
Bennett" case. is the one in which an old
nan named George w. Gray is on trial for
attempting to Kill c. r. Bennett. secretary
of the Society for the Prevention OF Vice,
i'll August Of last year a a political meet
ing which was being held in front OF the
City Hall. The pTovOCatiOn for the shoot
ing was the alleged betrayal Of Gray's
daughter by Bennett.
Bennett was on hand, smOOth-shaven,
except as TO Il heavy black mustache, and
was hardly recognized by the many who
saw him in the Police Court few months
ago, when he wore pair of heavy side
whiskers. He sat beside his counsel At
torney Nusbaumer, and District Attorney
Frick, who looked thin and white after his
late sick spell.
On the other tide of the chamber sat
MIR. Gray, tall, spare, gray-bearded man.
with benevolent cOunteDance, who
watched the proceedings carefully through
attorney. III I.
Chapman, sat beside him, and Just behind
them sat Miss Gray and her mother. The
former is a pretty girl. red-cheeked, blue
eyed, tall and we'll prOpOrtiOned. and was
dressed IN a neat-fttiEg brown dress OF
stylish cut. She was the focus OF all eyes,
but modestly kept her veil lowered, and
only when she glanced toward Bennett
did her eyes lose the mid or go0d-natured
and contented expression in them-then
thew flashed.
When the case was called and every
thing was put in readiness to proceed, a.
a. Moore appeared and stated that lie
would appear for the prosecution.
The work Of getting n jury was pro-
ceeded with, and most of tile day was put
in on this work. The following was the
drich, Jacob Collyer, o. w. Parker, j. w.
Easter, Frank Mayer, Ed Houston. NJ.
Raphael, David Hughes. NJ. Sullivan,
John Kerwin and John ORourke.
In his opening statement Attorney Frick
outlined the story of the shooting and
what the people expected to prove.
The first witness called was ID. F. Macy,
the Deputy Sheriff who arrested Gray at
the time of the shooting.
Alter Mr.. Macy. Edward Everett was
called, and testified to being In the crowd
when the shooting took place.
Court adjourned after Mr.. Everett left
the stand until tomorrow.
Kershner Brought Back.
The money with which Charles Kersh-
ner left Oakland two weeks ago and FOR
the recovery of which be was arrested on
warrant sworn to by Mrs Jones at the
Needles. August 80, was found aud safely
locked up IN bank in this city The
diamond ring is also safe and sound
Kershner's little boy. only II yesrs If age,
came back to Oakland with his father at
the time Kershner was arrested. and on
the bows person. in a big belt. tightly
buckled around his waist, was found The
money, S340 in tweDty-dollar gold pieces.
and the ring. Constable Page has the how
safely housed at his residence. and with
Kershner al the County Jail and yaluabIes
deposited in bank the authorities await the
further course of law, well satisfied AZ
their work. Kersbner was lnterv ewed by
a CALL reporter last night and talked
about the alleged enlightenment as follows:
the money was my property, and my
wife will prove that at the trial without
my trouble. The diamond ring was given
me by Mrs. Jones fully three months be-
fore left this citv. did not run away
was tie most surprised man in the worn
when / was arrested at Needles, because |