The morning call., 1893-08-29
Trial of James Magner
for His Murder.
WHAT EYE-WITNESsES SAW
All Agreed That Some One Was in
the Room and That Some
One Shouted Murder.

Magness will be tried Immediately after
the present trial is concluded.
The circumstances surrounding the
tragedy are peculiar on account of the
manner In which the murder was commit
ted. Ogilvie was seen to fall from q win
dow on the third floor of the Hampton
House, on the corner of Fourth and Minna
streets, and the witnesses for the prosecu-
tion say that he was thrown out by per-
sons in the room. The only persons there
after Ogilvie fell were Magner and Mag
ness. consequently the circumst tan tial evil
dence is very strong In this case.
The court was crowded yesterday. The
father, mother and sister of the deceased
were in attendance, attired in deep mourn
ing. and exhibited much emotion as all the
painful details came out in evidence.
District Attorney Barnes appeared to
prosecute. while Magner was defended
by Frank NJ. Stone. A conspicuous figure
in court was the young woman with who M
OIilvie had been living as his wife, and
who claims to be in reality his widow.
A jury was impanoled within an hour
after court opened and Barnes made his
opening statement TO the jury.
K. c. Ogilvie. ship-captain and father
of the murdered man. was the first witness
called. He said his son was under 81 years
of age at the time of his death. He was
a sailor and lived at home when on shore.
The last time the witness saw his son
alive was on the Sd of July. and he was
profoundly ignorant OF the circumstances
surrounding the tragedy.
WAS your son married man?" asked
the District Attorney.
Not that / am aware Of"
Mrs. May Garcia was the next witness
called. She testified to having been in the
room with Mrs. Osilvie" on the evening
OF the murder, when q man named Parker
entered and whispered to Mrs. Ogilvie. The
witness questioned Mrs. Ogiivie on what
Parker had told her. whereupon she re-
piled: "Oh. he's ust told me my old mans
drunk again."
Shortly afterward. said the witnass, Ogil.
vie came in with Magner and Magnrss.
already, and the men sent out for beer.
However, Ogilvie refused to drink any
more, and lay down on the bed. He was
restless and got up after a while. asking
his wife for his 'knuckles." She said she
did not know where they were, but Ogil-
vie found hem aud put them In his pocket.
He then picked up razor and said some
thing about "naving a notion TO cut his
wife's throat"
Did he do sop
"No, but he tried to. She pushed him
back. though, and the table containing the
Ufcl OOAblcS was upScb. VIC Ali TnsUtQ
forward TO take the razor from Ogilvie,
while Mrs. Ogilvis ran out Of the room and
down the stairs,
The witness said she almos IT imm ediately
went down stairs herself; and, returning,
she was met on the third floor by woman
who ran by her, saying. "a man has
jumped out of the window" The witness
ran to Ogilvie's room and found Magner
running about asking for his hat Il don't
know. replied witness, but where's
BOb?" Magner gave the same answer,
and went out of the room. All this time
door of Ogilvie's room.
Ogilvie, after his wife had left the ronm,
had commenced 10 quarrel with Magner.
He put his brass knuckles on and threat
ened to smash Magner's nose. Magner
warned him not to pick a quarrel with
him.
On cross-examination the witness said
that Magner had been occupied in stanch-
ing the flow OF blood from Ogilvie's hand,
which he bad cut with the razor. He also
took the brass knuckles from Ogilvie and
put them in his pocket. He then urged
Ogilvie to 60 10 bed. but he said he would
not until his wife came back. The witness
then went downstairs to fetch Mrs. Ogr-
vie, but the latter refused to return, as she
was afraid Ogilvie would beat her.
DIR. L. f. Brennan testified to having
examined Ogllvie's body after his death.
OSbfio was lUuuu l4lHB QUL on Tile SlQe-
walk, but just outside the curbstOne.
George Z. 1nker, an employe of the
Union Pressed Brick Company, said that
he resided on Minna street. opposite the
window of Ogilvie's room. He was sitting
on his veranda on the evening of the trag-
edy, when his attention was attracted to
the SOUND OF a window suddenly thrown
up. The witness looked up and saw a man
fall from the window backward. Some
one shouted "Murderw as the man fell.
did You see any one at the window at
the time the deceased fell outs"
Yes. Some one was in the back part
of the room. / saw man and a woman
there. but couldn't recognize any one."
. On crnss-examination witness said he
was unable TO state whether 1t was the
deceased or some one In the room who
shouted "MurderW
the defendant was here asked TO stand
up. and the witness at once said that the
man he saw in the room was a consider
ably larger man than the defendant
Dr. r. j. O'Connell performed the au-
topsy on Ogilvie's BODY. He said that de-
ceased bad fs len on his head.
Mrs. Ella Roersing was another witness
who saw the tragic event She heard the
window thrown up suddenly and saw
Ogilvie fall out. As he fell he shouted
murder. There was some one In the back
part OF the room at the time dressed in
dark clothes. but the witness was unable to
tell whether 1t was man or oman
The witness was positive that 1t was OgiI.
vie who shouted "Murderp
ID. q. Voorhies testiiad that he kent n
lndging-house on Minna street, opposite
Ogilvie's house. He heard a window
thrown violently up and saw Ogilyle fall
backward into the street. Some one
shouted "Murderp' twice. Then a man
and a woman appeared at the window and
looked down. Seeing witness, however,
they hastily withdrew.
On cross-examination witness said that
theories he fancied were "MurderI Muir
derr' might have been "Oh! OH" but he
didn't think so. The man who appeared
at the window was much larger man
than the defendant.
Timothy Regan gave the same testI
mcny and persisted that he heard two
cries of "Murder!"
Charles de Cleer, tailor, also saw the
occurrence. He also testified that as Ogil
vie fell he saw hands at the W window, which
were hurriedly drawn in again.
Then Mrs. Rose Ogllvie, widow of the
deceased. took the stand. She is a tall.
fair-haired woman, of sallow complexion
and rather hard-featured. She corrobo-
rated Mrs. Garcia's story anu said that
Parker had whispered to her that her hus-
band had had a row i'm the saloon h.lo M