The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-07-20

trial The court found the defendant incap-
able of conducting his business and decided
that guardian should be appointed. Az
o'clock tomorrow afternoon the attor-
Eeys will attempt to settle upon a suitable
person for guardian, and, falling in this,
the defense will demand jury trial.
Yesterdays proceedings began at 9
o'clock. The attorneys were all present,
but the ladies that heretofore have watched
the progress of the trial from vantage
points within the lobby rail were coDspicu
ouSly absent Mr.. Moss was on hand
bright and early and took lively interest
in everything going on.
It was the defense's day. The irst wit
ness they called was Gilbert l.. Curtlss of
East Oakland, who testified to many years
acquaintance with the defendant When
asked what ne thought of the capitalists
saneness. he answered, Il think him as
sane as need be. though sometimes rather
eccentric
On cross-examination he said that he
considered Moss management OF the hog
raising business to ba excellent. The hay
venture Of last April, upOn which the pc
titioner had laid So much stress, he did
not think wise However," be said,
Captain A. {. Henry at that very time
as $4,000 in it"
W. J. Laymance of NJ. J. Laymance &
Co. was called next. He said be had had
business relations with Mr.. Moss for the
last three years. and pronounced the capt.
ta,ist a shTewd, careful man, but eccen-
tTic. The singing and dancing he c0nsid-
cred a happy outbuIst OF good spirits over
witness successful sale of the Moss tract.
Witness might have done the same himself.
Charles E. Palmer, cashier Of the Union
National Bank, testified To having had eX-
teusive personal and business relations
with the defendant, extending over many
years. he thought him perfectly COM
petent to manage his business affairs.
Witness stated that a great change had
come over MT. Moss since his second mar
rage. Now be appeared 10 be much
better humoIed and happier than formerly.
His first marriage witness SAID, was IN
unhappy one, Moss not havin g been able
to agres with his wife. This had led to
much domestic unpleasantnass. He had
not lived in the same house as his wife,
and the family split up, one daughter
staying with the mother and the other
wita him.
c. S. Martin stated that he had known
Mr.. Moss tor many years, and the only
change he had observed in him was that
he is now happier than formerly.
Ed Thayer, a salOon-keeper always had
MI. Moss patronage, but had never seen
him dance or heard him sing.
J. 3. Legion, who rents the capitalists
houses, pronounced him perfectly sane.
A. \. Belt had only known Mr.. Moss
socially, but believed him TO be mentally
sound.
Frank J. Mof1itt OF the Morning Times
said he had known the defendant for
years, and although he was clOse-fsted be
was certainly not in his dOtage. Witness
thought Mr.. Moss had been looking
cleaner and happier during the past two
years'than ever before.
J. s. Derby considered Mr.. Moss COM
petent to attend to his own affairs.
w. Z. Dargie of the Tribune testified to
n long acquaintance with the defendant.
He knew Of no changes in his mental con-
ditian.
When the case was resumed after the
deputy County Clerk Stnrtevant, A. c.
Henry, Judge Stephen 6. Nye and James
King were examined and testified along
the same lines as the other witnesses for
the defense.
The defendant was then called again to
the stand. This time he gave his age as
Co He had previously given it as 81. He
said he came TO California in 1852 and was
married in 1861. He cast his first vote for
Lincoln.
The prosecution on cross-examination
again tested the old mans memory, with
results satisfactory to their side.
The defense closed at 4 o'clock. The
prosecution announced their case finished.
The court allowed the attorneys one hour
for argument.
In rendering his opinion Judge Greene
said the issue was whether or not the de-
PENDANT was competent at the present time
TO transact his business.
The hay bargain did not seem, in his
opinion, to weigh against the defendants;
bo fhn
dances, however. did. The most damag-
ing evidence against the defense was the
conduct of Mr. Moss while on the stand.
He had then shown that his mind was
certainly weakening.
In view Of all the evidence advanced the
court decided that the defendant was in
competent TO handle the large property
interests Of which lie was possessed. 1t
only remained TO choose a suitable person
as guardian.
The Judge suggested a consultation of
the attorneys and himself upon this point,
and they all retired to his chambers and
were closeted there some time, but with
out arriving at any conclusion. The Judge
suggested that two guardians might be
appointed. one of whom could be the WIFE
but Mr.. WhitmOTe stated that Mrs. Moss
would not act.
II was finally decided to LET the case go
over until o'clock Saturday afternoon
when some person might be settled upon.
Men who know Mr.. Moss intimately say
he is extremely sensitive, and they are
afraid that the effect of the decision upon
him may be disastrous. Some have even
limited that it might drive him to make at
tempts upon his life.
Hurt by the Local.
at II o'clock yesterday the Seventh
street local train from Fruitvale ran imam
down at Seventh and Broadway.
The man attempted to cross the track in
front OF the train and evidently became
confused and was run down before he could
collect bis senses. He was tossed to the
side Of the track by the pilot. and when
picked mp was unconscious. He was taken
to the Receiving Hospital, where an exam
inatlOn showed that his back was hurt.
that he FAD received a conclusion of the
brain and that both feet were badly mashed
1t seems that he had applied for work at
carpenteT-shop short time before the
accident, and had a card on which was the
name Isaac Seland. He is supposed 10
be about 90 years OF age. From his talk in
his rawlings he appears to be a foreigner
proba bly, a Swede.
At late hour he had not yet regained
consciousness and was in pretty bad
way.
The Third Party.
The Populists meet this morning at
Kohler & Chase Hall, at Broadway and
Eleventh street, to nominate full county
ticket. COnsideTa Die interest is mani
tested by the pub and politicians in this
meeting of Populiets, as it is understood
that its action Will break several states
which have Deen put up by the insiders,
and there is a ''sneakiDg idea that pos