The morning call., 1893-09-06
INSTANTLY KILLED
An Unknown Struck by
the Local.
IT THE MATTHEW TRIAL.
Toedt, the Hack-Driver, Is Not so
.Sure-DiphtheTia in San Le-
andro-Mcser' Suit.

posPd to be Ben Kelley Of San Francisco
was struck by the Alameda local at First
and Jefferson streets yesterday morning
and almost instantly killed. He lived but
an hour or two.
The man was but % years Of age, a
stranger in the city. and from every in
dieauOn in great want. He was without
underclothing, and the suit and shoes ne
wore were of the rougheSt and cheapest
kind.
He was crossing the track when the
train struck him. According TO the testi-
mony Of eye-witnesses Kelley made no ef-
fort to avoid the oncoming train. but al
most stopped a. it struck him.
He was thrown to the ground and the
train passed over his legs. maugling them.
The unconscious man was picked up and
conveyed to the receiving hospital. where
anesthetics were administered and Doc
tors johnson and LegOult amputated bOIh
legs at the thigh.
Four hours after the accident, and just
as the operation at the hos ltal was COM
pleted, the Injured man expired.
The body was then removed to the
morgue for Identification.
On the dead mans person were found
two gold rings and card of c. r. Han
sens employment office, 40 Geary street,
Dan TIaUClSCt- Ou LDb DhCh Ol Illt tdlu
was written, Ben Kelley So and beneath
ii. due Hansen 81, d. W. Parker 81 50,
and the number 6S.
Later in the day Deputy Coroner j. j.
Evers called at Hansen's San Francisco
Offire and upon inquiry learned that few
days ago Hansen had employed sixty boys
10 go TO Fresno 10 pick grapes IN vine
yard. Benny Kelley was the last boy
engaged. When the party reached Fresno
Kelley could not be found, and nothing
was known oil him until the Deputy Cor
OneT's news reached the office.
Toedt WsakenH Little.
The courtroom of Judge Henshaw was
crowded to sutfOcation yesterday, larger
number being present than on any pre-
vIous occasion. The crowd even poured
in through the back entrance leading TO
the Judges chamber and Gro ded behind
the rail until there was scarcely room TO
move about, ana the bailiff had to keep
constantly moving abOuttO keep the crowd
back.
The defendant was as spruce-loOking as
ever. as he sat beside his counsel, Carroll
Cook. He was very attentive, but offered
little advice to his attorney.
The first witness called was Michael
Coleman, who testified as TO his knowledge
OF MatheDy. 1t was in his room in San
Francisco that the defendant was cap
tured. Witness said he was a sailnrs'
b0arding-hOuse runner. and that he knew
the defendant as barkeepeT. He always
knew Matheny to wear a mustache, but
said he had a smooth face when he was in
his room after the robbery.
The next witness called was the cab
driver, Jchn II. Toedt. who testified on
the preliminary exam nation that he drove
Matheny on the night of the murder to the
corner of PeTalta and Seventh streets and
there lett him. Recently IL has come up
that vegeta blemsp named Thompson
has stated that II was himself and not
GatbeDy whom Toedt took to that part Of
= be town on that stormy March night. II
p ESQ been limited that Toedt had been
= b9ached by some one with a view TO
G. (ng him TO change his testimony.
~ u these things had reused the interest
G2She crowd, and there was considerable
expectancy shown in the eager faces when
TOedt took the stand
TOedt told his story as straight as
string until the matter of crOss-examina-
ton came on. The crowd expected some
thing, but the witness cluHg pretty firmly
10 his original story, and 1T was thought
he would get through all right when Cook
was questioning him as TO which way
Mstheny was facing while he was un-
blanketing his horse. The witness answered
that his back was to the window.
''Ah." said Nj. Cook as he rubbed his
hands, that's just what | want"
When asked toward the close of the
cTOss-eXaminationi If he would swear POSI-
lively that Matlieny WAS the man he drove
down 10 Seventh and Peralta streets that
night. the witness answered hesitatingly:
Il won't swear 1t; but he is the man TO
the best of my knowledge and belief"
The first witness on the stand IN the
afternoon was Captain Lees of the San
Francisco detective force. He captured
Matheny in a lndging-house RI 103 Broad
him and they surrounded the house. guard
Ing all entrances.
The detective stated that he found the
door OF the room Matheny was in locked.
but he knocked and called, Hello Louis"
and Matheny opened the door. The de-
feDdant had on only his undershirt. T.
the room he found the rain-soaked cloth
ing the muddy shoes and the old white
hat which it is said Matheny got at the
Oakland Trotting Park, and which wit
ness identified.
His direct examination lasted until well
in the afternoon. and before cross-examin-
ing him Carroll Cook asked foran adjourn
meDt on the ground that he was indis-
posed. Court adjourned until 10 this
morning.
Diphtheria in San Leandro.
At meeting of the Board of Supervisors
yesterday claim was presented by Sheriff
McKIllican for $3.50 80 for nurse for Mrs.
Martin, who lies seriously i'll with cancer
at the County Jail. With regard to this
claim me District Attorney SAID that the
Sheriff had spoken to him about the en-
plOyment Of a nurse. and be supposed that
authorization to employ one had come
from the Board Of supervisors
The question of the authorization of the
claims was discussed at length, and the
board seemed to be fearful Of making a
bad mistake by paying the bill.
Ihe epidemic was spreading through
ont that section Of the country largely on
account OF the Portuguese people who
crowded together too much in the infected
region.
In view Of the urgency Of the case p 20
fessor Dawbarn asked that a Board of
Health or health officer be appointed 10
act temporarily n the school district and
extend the territory.
The mattor was referred to the District
Attorney.
Changes in the Fire Department.
The Police and Fire Commissioners held
a meeting yesterday evening. at which
some important changes were made in the
Fire Department. There has been talk
for some time Of the lack of harmony ex-
lstIng In the department, and the Commits
slonPrs yesterday removed Nicholas Ball.
the first assistant engineer, and in his
place put Miles DUOipy who was in the