The morning call., 1893-06-21

Il pushing her over pre-
I'D cipice at Reservoir Hill,
about l o'clock in the
aorning of May "a. The courtroom was
crowded all day, large number of per-
sons not being able TO procure seats.
The evidence of the wife and husband
was entirely at variance and as two letters
we're produced from the latter to the
former after the assault, written from San
Jose, which st rongly corroborated his
statement as to the relations between him.
self and wife. and other testimony in his
favor, the Judge dismissed the case.
Ii was plain from the evidence that it was
another case of motheT-iu-law. Mrs. BRAY
was attended by her mother and sister and
little girl, Hazel. was also present
Bray'S mother and sisters sat at the OPP
poste side of the courtroom. Prosecuting
Attorney Shackelford conducted the pros
ecutlon, while Attorney Gray APP cared
for the defendant.
Mrs. Bray was the first witness called.
She walked slowly and painfully to the
witneSs-stand. and seemed as if she was
still suffering from the effects Of her fall o.
sixty feet on the morning named. Her
face also showed traces of scars received
on that occasion.
She told her story in straightforward
manner, and in her cr0ss-eXamination an
swered every question without an instants
hesitation ana without in any way deviat-
ing from her examination in chief. Her
story was, In effect, that on the evening of
Nav % Bray called at 81 r mothers house,
427 Stevenson street, where she and her
little girl were staying, TO see her and to
talk over their difficulties, according to
arrangements. As she was afraid to meet
him she had gone to a friends house on
Shiplev street. Bray, not finding her az
her mothers, went TO the house on Shipley
street, and hearing his voice asking for
her she slipped out the back way and
walked quickly homeward. Bray, how
ever, overlook her on Fifth street and got
her to take long walk with him.
They went as far as Turk and Fillmore
streets, where they entered q restaurant
and had supper. Then they walked to the
TOP of Reservoir Hill. talking pleasantly
in a general way. Rray suggested they
should climb the fence and 90 toward the
edge OF the preclplce. where a splendid
view OF the city could be obtained. By this
time ii was after midnight. Bray climbed
over the fence and then lifted her over.
They remained for few moments on the
edge of the preclpice when, as 1t was very
cold, Bray raised the collar of his ulster,
and 10 doing so deliberately pushed her
over the edge, saying, "Good-hy, Rose it's
caught piece OF shrubbery on the brink,
crying ont, Fer Gods sake save me,
Frank" Instead of trying TO save her he
gave her another push and she fell to the
bottom, distance of about sixty feet, ana
there she lay in an unconscious condition.
When she reg aimed consciousness Bray and
a police officer were standing beside
her and Bray whispered in her
ear TO say that it was an accident,
which she did. Then Bray took her home
TO her mothers house. He called next
morning and she said to him: ''Y gu see
] am Rot dead yet, although yon trleG it,"
He begged her not to tell her mother and
he would send doctor, but he did not do
so, and her cousin had 10 90 ior a doctor.
Her husbands mother told her the follow
ing day that he wanted to get rid of her so
that he could marry girl ne had been
going with for the past two years, ana she
also said he had tried to kill her before.
Bray had written two letters to her from
san Jose. but her mother had them. Her
mother swore out the complaint at her re-
quest because she was too sick to leave her
bed to swear to it herself. she had not
tasted liquor on the night of the assault.
Mrs Bray's testimony aroused the ut
most sympathy for her in court, and at the
noon recess it looked bad for the defend
ant.
At the afternoon session the ables were
completely turned. Attorney Gray pro-
duced the two letters written from San
Jose by the defendant to his wife, and
they were read in court. They are as
follows:
SAN JOSE. June 2, 1898.
To Ny Dear WJe-DEAR ROSE: Will take
pleasure IN wiring few lines, hoping you are
up and able TO be out. You may think hard OF
me to go away without even saying good-by,
but, dear, 1t was done on the impulse OF the
minute, and was sorry didn't come TO see
you before | went, which j know you would
ave done.
After referring to what he was working
at and his pros poets, he continues:
Now will ask you one thing, and that Is if
you are willing and want TO come here aud live.
/ Will do what can and send money for You
and Hazel. Answer this and let nae know, and
I will maze arrangements to see you and Hazel.
Remain as ever, your loving husband,
SAN JOSE. June 5. 1898
To Ny Dear Wife-DEAR ROSE: This is the
second time have wrote and no answer. If you
could imagine how do feel after dlsgracng me
in The papers The way you have done. Dear
wife, you know In your own heart the way that
that accident happened without accusing me OF
such terrible crime. You know, Rose, tina
would never be guilty OF such thing, as | al
ways thought too much OF you. What VIII be-
come of our poor little Hazel? Dear Rose, you
have broken my heart Ros you know II was
no pleasure for me to come 10 your home as
your mother always growltd at me. never
would have come to San Jose II II wasn't Tor
you. ! thought | could come down here ana
Try and save little money so as you, Hazel
and l could be happy once more. III you only
could imagine how it seems 10 me TO walk by
Miss BlanG's and not see you aud Hazel at
the gate. IL gives me the blues TO thlnk now
nice we used 10 get along, and now 10 De
charged With such terrible crime Rose, Try
and see il we can't be the same as we always
was when we lived here before. l told you
when we left San Jose that we never get along
unless were by ourselves. Ii you want
money will send some on Thursday if | can
draw any, If not by Saturday, sure. that Is II
am not taken away by the police before then,
but If / am arrested l will have a cnance to
tell my side of the story. Now. dear, If you are
after me, why not tell that am 10 san Jose
and it VIII be over with. Don't keep me in sus-
pense. If you don't why l will have to give
myself up, for / don't want 10 have people
think that / ran away. for | didn'J think that
you would do any such thing. II was also men
toned that had new coat and vest. wish |
had. told you all about that coat three weeks
ago. Write soon. Your loving husband,
FRED.
II. Lyman was the next witness. He
testified to Bray going to his house on the
night of May % and asking for his wife,
Witness ordered him away, but he would
not 60.
Il told him." said the witness. that his
wife was not there, and II she was she
would not speak to him. he SAID he
wanted to see her to talk about their child :.
l again tod him to go away, but he re-
fused, and | went TO get police offlcer
but couldn't see one. When got back to
the house Bray had gone"
WAS Mrs. Bray intoxicated while in
yohr house ?" asked Attorney Gray.
mo, she was not" replied the witness.
''She had no beer in ny house"
The Prosecuting Attorney objected 10
that line of cross-examination, when At
torney Gray shouted