The morning call., 1893-07-15
EVIDENCE ALL IN.
The Howell Case Is to Be
Argued To-Day.
Effort to Prove the Marsh Letter a
FOrgery-Attorney Pillsbury
Charges Conspiracy.

District Court all the testimony is now in
and the arguments of counsel will begin
this forenoon. There is no prospect of the
case going to the jury before Monday. and
perhaps not until Tuesday, for it is doubt
full if any more than one argument will be
finished to-day,
Yesterday was divided between an effort
on the part of Attorney Pillsbury to show
that Howell was the victim Of a conspir-
acy entered into by some people connected
with the Government" and an attempt by
the prosecution 70 prove the so-cal!ed
Marsh letter. addressed Dear Matt"
signed Fired" and sent to Howell, a
forgery.
The defense closed with the testimony
Of ex-District Attorney Fisher of San
Joaquin. which was in effect that, about
tie time Howell was arrested, Matt Jones
went into witness office with parcel
under his arm, which Jones opened IN the
presence of witness, taking cut some rolls
of money.
Mr.. Pillsbury then endeavored to get
the Government to put Garfield on the
stand, but Mr.. Garter declined TO do so.
Judge Morrow explained that on the
former trial the Government had used
Garfield, but when Marsh turned States
evidence 1t was found that Garfield was
not fit witness for the prosecution. ow-
ing to his connection with the case. II
was then that Mr.. PilIsbury made re-
mark about Howell being victim Of
conspiracy. saving that the defense would
take that stand before the jury. He was
cut short by the Court.
MIR. Garter moved next. He wanted the
Marsh letter excluded from the evidence.
According to the defense. lie argued. Jones
hn hnv a nj
Howell. The letter told nothing. and
there was nothing TO show that it had
ever passed through the Postoffice, or had
ever been received by Jones. Mr.. Garter
also wanted the jury to take no cognIzance
of Expert Hick0X's evidence. The Court
ruled otherwise and decided that the evil
dence should stand.
The remainder OF the day was taken up
by the prosecution in rsbuttal. Mrs. Rose
Jones, the wife of Matt Jones, was the
first witness called. She stated that Jones
was in Stockton during part Of last June.
and is now in Mexico. she having been in
correspondence with him for several
told her of her husbands running away,
but she refused to believe him. Then
Howell said Il believe be has. because
he was very hard up and never paid me
cent of rent all the time he was in my
Office" Howell attached his safe and
desk, and at her bro ther-in-law's request
Howell loaned her SIS, buthe never lent
cause she had heard him Say he never
would, for the reason that he would never
get it back.
T. B. Jones. brother of Matt was next
put on the stand. He said that he was al
Howel's office shortly before he arrest
and asked where Matt was. Howell re-
pl ed that he was ''out Of town." and fur
hrnu VII q hop
from Howell that he was afraid he had
run away" He was hard up, Howell
said, and could not pay his rent, but moth
ing was said about Matt paying back any
money he owed Howell.
Samuel Pratt, a Modesto farmer; w. N.
Moss of Iona Prieta; John Curran, Muir
rays bartender; John Foley, and Ada
Marsh on visit TO his sister in Mime
sofa, all took the stand in succession.
Howell had told Pratt that Junes was
hard up and couldn't pay his rent. Moss,
Curran and Foley all saw Marsh and the
defendant take drinks. like many other
men, but their testimony did not make it
clear that there was any apparent close
intimacy between the two.
The woman Garcelon admitted that she
got letter in Marsh's handwriting for
Detective Metzler. She said she had re-
ceived five from him altogeth err while at
Oakland. four of which she burned, but
one she left on the table. She was at her
aunt's then. She got the letter for Metz
)er at his request.
Finally M. Gumpel. the photographer and
handwriting expert, was called. He gave
both oral and ocular testimony in which
he was aided by a big black board The
purpose Of putting him on the stand was
10 show the points of difference between
the chrography of the letter written by
Marsh in the courtroom and the one said
to have been written to Howell in Stock
ton, and, which the defense claims, was
really intended for Jones. in pursuance of
previous arrangement, into which How
ell had been innocently invaigled.
Attorney Campbell for the defense
pressed the witness pretty closely upon
cross-examination and endeavored to spoil
the effect Of Gumpers evidence by forcing
him into an admission of having wrongly
testified in the San Joaquin County case
of Fairbanks vs.. Huson. Gumpe then
testified to signature having been writ
ten with the right hand, backhanded,
whereas HusOn did not have any right
hand. The Napa case of man charged
with sending an insulting letter, the guilt
of which was said to have fallen upon the
wrong man by Gumpeps expert testimony,
was also brought up.
Mr.. Pillsbury made an effort to have all
of Gumpeps evidence stricken out on the