The record-union., 1894-06-01

Tom Connolly, another of the boys ar
rested, said he never saw Schmidt ex-
cept on the night of the shooting. His
story was about the same as that of the
others. He said that Rutherford asked
them at Second and NJ streets if they had
a pistol and where they were going.
Schmidt then left and walked away.
Witness served two years in the Whit
tier Reform School for vagrancy, and
got out last December. He had been ar
rested since for gagrancy, and had
earned So 90 since his release, and had
managed to live by begging. He denied
telling the Chief of Police and Talbot that
Schmidt told Rutherford to go to hell, and
that he could not get him.
Officer Talbot stated that he had known
Schmidt about a year. He had been
called on several times to stop the steal
ing of valises by the crowd with which
Schmidt consorted. and to stop the rob-
bIng of Cinnamon. Several of them have
been sent to States prison and Jail. They
are known as the Hobo Kids,n and
Schmidt was one of their leaders. Wit
ness had warned and reasoned with him
to no avail. When Cinnamon were
robbed and witness Investigated. he gen.
orally found Schmidt implicated more or
less.
All four of the boys had told Chief
rutherford that he could not catch him
that time. Witness said that before the
shooting officer Rutherford told him that
Jones had been robbed by crowd of
young fellows. They started out to find
them, but separated. lie heard the shot
and while going to the spot he met the
four young men coming up Third street,
and he, Warner and Campbell arrested
them. They wore soft hats like the four
n. vrrI,<~ 49, -1-s,
had told Rutherford to look out for the
four young men who had committed the
robbery. Witness identified the things
taken from the boys when arrested.
Special Officer Warner testified that he
and Talbot arrested the four boys after
the shooting. He was the first officer on
the spot where Schmidt lay, and heard
him groan. He lit matches and found
him.
Officer Bagley described how he heard
the shot and the whistles and went to the
spot. He met Rutherford, who told him
man had got away and he shot to
scare him, but he got away in the alley
and he ran around to head him of. They
found Schmidt in the alley.
Officer Rutherford detailed the circum-
stances of the evening about as the 9TH
ers had. He said that Jones told him he
had been robbed by four young men,
with SlOucn mats and With dark red hand-
kerchiefs tied over their faces. lie and
the other officers started to try to find
them.
He ran across four boys who answered
the description of the robbers pretty well
and he followed them. While he was
searching one OF the boys Schmidt ran
away, and when told to stop told him to
go TO hell, that he would not catch him
this time. He told him again to stop, and
when he refused witness fired, as he sup
posed, in the air. He had no idea or de-
sire of hitting Schmidt. He believed
from the appearance of the crowd that
they were the robbers of Jones, and when
Schmidt ran away he thought he had
the stolen property on his person. He
told Schmit to stop four times, and the
last time told him to stop or he would
shoot
The jury brought in verdict that
Schmidt came to his death by pistol
shot wound at the hands of w. P. Ruth
ertord, police officer of the city of Sac
ramento, while in the discharge of his
duty as a police officer.
The jurymen were: j. NJ. Cecil, NJ. p.
Fisher, Frank Wickwire, VIM. Rodes, j..
ID. Griee, j. N. Payne, Thomas Kirk
patrick. F. Bonbolzer, j. S. George and
j. Carstenstein.