The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-04-19
Jury Impaneled and the Taking
of Evidence Begun.
BooKKEEPER MELvIN's STORY
He Did Not Realize Matters Until
He Heard the Click of the
Defendants Pistol.

rlck Is at last IN PROGRESS iD6 last JuToi
being accepted shortly before noon yester-
day.
When proceedings were resumed 10C
Jurors stood waiting to be called. with only
one wanted to complete the panel. How
ever, juror after juror had the misfortune
TO be biased in the matter. until Edwin
Danforth satisfied both sides. He was
however, excused, Attorney Col@ell thus
using his twentieth and last peremptory
challenge for the defense. The next salts
factory Juror was accepted, peTfOrce, In
the person of William Mclaughlin, and
the following twelve were sworn in to try
the case:
Peter Van Pelt, A. Herman, F. Hey
wood, David l.. German. Edwin Leopold.
r. E. Cole, Il. l.. Lageman, H. SehObay,
NJ. Foley, c. Is. Williams. George Walcom.
William Mclaughlin.
The taking of testimony was entered
upon after the noon recess, and Judge
Levy's courtroom was crowded to sutfoca-
ton. Fredericks himself looked somewhat
improved in appearance, despite the fact
that his damaged eye was still adorned
with an ugly bandage. He kept minute
record of the proceedings, and seemed to
nave as LUuCU W w Win lis OWn case 40
his counsel, who accepted his suggestions
from time to time.
District Attorney Barnes made the open
Ing statement to the jury. He proceeded
to describe how that at half-pa>t O'clnck
on the morning of the 235 of March, 1894.
Cashier William a. Herrick and Book
keeper Melvin were alone in the branch
of the San Francisco Savings Union at the
corner of Market and Fell streets. They
were engaged in posting up their previous
days accounts. Suddenly the door opened
and in walked FrederickS.
He walked up to the counter, laid down
a note, which Herriek read and passed
back to him. with d negative shake of the
head. Herrick then walked back to his
desk, and as he did so Fredpricks pulled a
pistol and fired. Herrick ducked beneath
the counter and endeavored TO reach his
drawer, where his pistol lay.
1--WE shall show you" said Mr.. Barnes,
THAT when BoOkkeeper Melvin heard The
first click of Fredericks' pistol he reached
for his own and drew on the defendant.
Then there were two shots, one after the
other, one of which struck Herrick full in
the lungs. The shock caused Rerrick to
discharge his own pistol. ana in so doing
he knocked Melvn's arm up and spoiled
his shot. Herrick then fell and Fredericks
made off.
The District Attorney then described
the chase aud subsequent capture of
Fredercks by Policemen Shields and
Gallagher in the cellar OF house at 1905
Mission street. Fredericks, when called
npon to surrender. said: "All right; I'm
diving: give me a drink of water" He
was then arrested and conveyed to the
Receiving Hospital.
Arrived there Fredericks was confronted
with Captain Lees. TO the detective
Fredericks at first gave wrong name, but
finally acknowledged that he was the
long-sought des erado. He actually glo-
ried in his crime; said he had at first gone
into the bank to present $50 Confederate
note and was at once struck with the ap-
pearance of the bank as soft snap"
His idea was to capture the two officials,
drive them into the bank vault, get all the
money there was, put IL into two bags,
which he carried for the purpose. and
make his escape. He seemed 10 think that
Herrck had brought his death upon him.
self by refusing TO participate in this
scheme. Viewing the circumstances of
the case in that light Mr.. Barnes asked for
a verdict of murder in the first degree
without any recommendation whatever.
The first witness called for the prosecu-
ton was Policeman George w. Russell.
Russell had prepared a map Of the locality
and for the benefit Of the jury the position
of the house where the tragedy occurred
was pointed OUT
Charles W. Melvin, bookkeeper of the
branch bank, was then called to the stand.
The witness related that on the fateful
morning he and Cashier Herrick were
alone in the bank together.
"Abnut half-past that morning." be
said, "Mr. Herrck and l were standing at
my desk. We were footing the cash of
the previous day. Suddenly we heard the
outer door swing open and Herrick started
for his own desk. The defendant, for
aftefward so recognized him. entered. He
held his hat in one hand and with the
other held cut piece Of paper to me. ]
said, Next window, please and resumed
nv writing. The defendant turned on his
heel and went to Herrick's window He
gave Herrick the paper. Herrick read it
and then tossed il back on the counter,
shaking his head. He then walked away
from the counter.
"Herrick walked back to where the cash.
book lay on the desk. Even then did not
realize what was up, and did not know
that Herrick was reaching for drawer
where his pistol lay. Suddenly l heard
the click of trigger
"From whose pistolo" interrupted the
District Attorney.
"From the defendants"
IL heard one shot fired. and saw that
harm bad been done. Then a second shot
came through the glass PARTITION, and
struck Herrick. | meanwhile had jumped
for a drawer, where my.oWn pistol lay.
''I fred at Fredericks, and he made off
l gave chase, and he was ultimately cap.
tured."
At this point Attorney Colwell aske'
leave to cross-examine the witness on the
subject of the paper which Frederick:
handed to Herrick. Melvin said he could
not see what it was. and it might have beer
a.check for all he knew. He was satisfied
however, that the paper produced in cour
was the same.
The paper 10 question was then intro
duced in evidence against the defendant:
objection, and Mr.. Barnes read it 60 the
Jury. 1t proved to be the same effusion in
red ink which was introduced at the Po
lice Court proceedings, headed with skull
and crossbones. and called upon the reader
TO satisfy the applicants demand fol
money on pain of death.
Resuming. Melvin said that four shot:
were fred altogether. The witness fired
one. Herrick one and the defendant two
After the murderer's capture the witness
returned to the bank and found HerricB
living where he had fallen. A photograph
Of the premises was then introduced. but
was ruled out by Judge Levy as incom-
petent evidence.
In cross-examination Melvin said the
hank counter was of average height. He
himself was feet 6 inches and the de-
10000 < feet III inches in height Roth