The morning call., 1894-08-18
TRIAL BY JURY.
Twelve Men Try a Case
of Insanity.
ESTABLISHING PRECEDENT.
The Railroad Accused of Using
the Boycott.
DIVORCE AND REMARKABLE.
The Court Absolutely Refuses to
Reduce the Bail of c. R..
Bennett.

neSssS VINO W06n teSuIylQg before the
Luuacy Commissioners we're positive that
the women are insane were not quite so
sure before the jury yesterday. 10 tact the
complaining witness, Daniel Colehan,
stated on the witness-stand that he was
convinced that his sisters had recovered.
Owing 10 the novelty of the procedure and
the peculiar story told by the supposedly
demented Colehan sisters af the parentage
of Daniel aud Eliza Colehan the court
room was filled with a mixed assemblage
OF lawyers and curious citizens.
The first problem met with was the fix
ing of a proper order of procedure, and
this was finally done, when, after argu-
ments by Abraham Lincoln Erick for the
people and Judge ). q. Nye and Z. w.
Sawyer Tor the defense, Judge Ogden de-
cided that notwths landing the fact that
the Lunacy Commissioners had adjudged
the woman insane and dangerous to be at
large, the presump tIon in a jury trial is
that the defendants are sane, and, there
fore, that the burden of proof rests upon
the prosecution. The jury was then i'm
paneled with but few questions and no
objections from either side. The Jurors were:
James English. q. h. w. Deike. Richard
Crooks, X. r. Allen, r. n. McSoriey, II. &.
sears, w. ]. Eecles, f. L. Bunker, &. +. Cal
DedTlek Miller.
MIR. Frick opened the case by Offering in evil
dence the commitment made by the Lunacy
Commission. Ex.Judge I'VE objected TO the
offer on the ground that the women had au-
pealed to the supreme authority 1uTy-frOm
the decision Of the Lunacy Commission, and he
contended that the findings or deliberations Of
that BODY should have no weight with the jury
aud should not be allowed in evidence. But
Judge Ogden admitted the commitment. He
held that under section 25S OF the Civil Code,
which provides that alter the findings OF the
commission, demand may be made for
trial by jury. the sisters owed their status in
the case 10 the commission, whose proceedings
should OF right be produced TO establish the
fact that they are entitled TO Jury.
Daniel Colehan was the first witness, and his
first answer was matter OF general surprise
"What is your opinion as TO the mental con-
dillon OF your two elder sisters?" asked Mr..
Frlck.
Daniel responded: lat the time 1 caused
their arrest L considered them insane, but
now think that they have recovered consider
ably since then"
He said that he thought they were insane be-
cause OF their peculiar actions in profe ssing 10
believe that all the food IN the hODse was pol
sOned. that Miss Eliza had poisoned their
Colehans, but children by other parents who
had been imposed upon Mrs. COlehan.
Eliza Colehan cOrroborated the testimony OF
her brother. and added that she had considered
her sister Mary to be OF unsound mind even
when they were girls together.
AT the examination by the Commissioners
DR.. Butchers of Livermore gave IL at his opinion
that the sisters were insane, but to-day he said
that he had since changed his mind and now
believed that they are sane. DIR. w. II. Blood,
who sat on the commission which adludged the
women 20 be insane, testified that ne was stu
OF the opinion that they were suffering from
acute mania and believed Mary Jane insane
DR.. MehrmanD, another of the Commissioners
supported his colleague and added that lie con.
sidered Mary Jane dangerous TO be at large.
AT this point the prosecution rested It's case,
ana the defense nut on the stand numerous
LlvermOre merchants with whom the women
had done business. and they all agreed that
they have never considered either of them to
nj mr. Of M ,fs..g
Then the name OF Father Powers was called,
but there was no response. The priest Is a
most Important witness, .iDasmuch as one Of the
main proofs OF the prosecution 10 establish the
insanity OF Mary and Catherine IS their alleged
authorizations regarding the parentage OF
Daniel and Elizabeth. and the sisters allege
that the priest now has 10 his possession affi-
davis sworn 10 by their father. when contain
the truth about the man and woman who they
alege have so long passed as Calehans. The
case was continued until to-day in order TO
allow time for the service OF a subpoena upon
Father Powers al LivermoTe.
Following A. K. q. Tactics.
The charge Is being freely made among the
railroad men engaged in the late strike that the
railroad company is using the boycott to pre-
vent the strikers from making a livelihood
Secretary Bishop Of the A. II. U. states that
many of the strikers had left town and secured
work, but, for some unexplainable cause, were
only able to retain their positions for a short
time. One instance is clted III which a certain
party recently offered to employ fifty OF the
strikers II sent 10 him, and that when they got
ready TO 60 the party said he did not want the
men. lie gave no reason, but the suppositiOn
Is that the railroad company held the lash
above him.
The recent Prohibition county convention
passed resolution condemning the railroad
for boyc0tJlng the men, and a speaker stated
that OF bis own knowledge poor girl lost her
position as typewriter In a certain business
house because she had relative who sympa-
tbzed with the strikers. Gases of boycott OF
these poor men are numerous said the
CnA roii
severely cenSured Tor its despicabe work"
But the A. K. U. has determined 20 fight. and
held meeting in Vest Oakland last night To
listen To The report of Charles Hall, the one
armed striker. who has just returned from
Chicago, where he has been delegate TO the
meeting OF the general lodge.
The report advised the A. r. u. TO carry its
battle to the polls. and the probability is that
the A. K. .. VIII present a very compact force
at the polls against railroad interests in No.
vember.
Entertaining Estee.
The crack political club OF Oakland, the AL.
lance, Is making great preparations for the
Estee meeting tonight. The following circu.
lar has been sent 10 the members:
You will promptly assemble in uniform at these
headquarters by O'Clock sharp on SATURDAY.
evening, the 18th inst, for escort Guty TO Hon NJ
demonstration to be accorded our popular partv
leader at the opening OF the campaign in this
county.
Brush up your uniformsl send your torches In
Headquarters for loadIngl Hunt up your mouth.
pieceSi
There will be no amhuiances following the Al
lance TO pick up straggiers. SO report In uniform
at the appointed time and inspire all weak com
rades TO muster without fail aud sharply al
O'Clock.
After the meeting the Alliance Will serenade tts
distinguished honorary members, Judge f. w
enshaw and Congressman s. q. HilborD nv |
order of the President. II. p. CARLroN
Corresponding Secretary
The following circular from the California
Cotion-milis Is also given to The public for the
Estee meeting al the mills this afternoons:
A reception is TO be rendered the Hon. M N
Estee at the California Cotton-mills Twenty
third and Railroad avenues, East Oakland on
Saturday afternoon, 18th inst az 3 O'clock
The committee OF arr arrangements beg most r..
spectfuily to invite you to be present on thar oc
casion. W
The mills can be reached conveniently bv IN.
SeVenthstreet steam local. by tho Oakland San
Leandro and Haywards electric railway. and nv
INC anu Ala IN IA electrlc railway. Meet
For Committee
Last night at Masonic Temple Live Oak
Lodge OF Free and Accepted Masons eele bratrd
the fortieth anniversary OF its establishment.
Ihe programme prepared for the occasion was
q particularly interesting one, Hon. NJ nj
Estee. who Is past grand master. being down
for an address.
More Than The Law Allows.
Isaac Trumbo filed petition with the Countv
Clerk asking that three gentlemen be appointed
10 appraise the premises claimed as home
stead by Jane NJ. Thomas. wife OF r.. r.