The morning call., 1894-03-20
Dispositions of White and Nc
Carthy Read in Court.
WITNESS GRAHAM LIBERATED.
Assistant District Attorney Black
and J. j. Guilfoyle Argue on
Opposite Sides.

row afternoon jury will have to consider
whether or not the accused was reSpon-
sibe for tie disastrous dynamite explosion
that occurred in front of Curtin's board
ing house on Main street the night of Sep
tember % last.
Since the adjournment on Thursday
afternoon the deposition of Thomas White,
who is lying sick at the City and County
Hospital, was taken on behalf of the de-
Tense, and by mutual agreement this, as
we'll as the Police Court evidence of Tom
Mccarthy, taken on behalf of the prosecu-
lion, was introduced in evidence at the
trial.
When proceedings were resumed yester-
day morning Louis :. Whitcomb and c. II.
Warren, two newspaper men, were called
to contradict the evidence Of c. +. Martin,
who said that Malcomb Morrison, the grip
man on McAllister-sireet car, had stated
before them as witnesses that the man who
was subsequently identified as Tyrrell had
two good eyes. These witnesses said that
no such conversation had taken place to
their knowledge.
Joseph Gully, driver in the employ of
the Fire Department and stationed at the
Main-street depot. said he saw the witness
Graham on the night of the explosion.
Gully was standing in front of the engine
house at the time. Graham was walking
down Main street. toward Harrls~n. he
asked the witness for % cents TO get bed
with. Gully said he hadn't got it, ard
then Graham said: "Well. guess I'll have
to sleep on some lumber pile or In some
empty house"
Assistant District Attorney Black then
said he desi ed to examine the witness
concerning an experiment made the night
hafnra xub ubap ha " TAG in pVQPtlV The
same position as il was on that September
night when the explosion took place. The
examination was permitted.
Il was quarter past II last night when
/ made the experiment" said the witness.
Il had with me another fireman named
Ryder. / went no on 10 the balcony OF
the empty house called Main-street House,
and Ryder went into Doyle's back yard.
found l could easily Identify him by the
light OF the moon"
You know Ryder pretty well. don't
you?" asked Attorney Haskell in cross
examination.
Yes: I've known him for four years"
easily distinguish Ryder than person you
did not know very well?"
Yes; l suppose i could"
Henry Ryder testified TO having assisted
Gully in his experiment and said that so
far as he knew il was successful.
James ConoIray. Alexander Rusted and
John Kennedy said that they heard the
explosion on the eventful night, and being
close TO it rushed down Main street They
saw no one but the injured in the street.
Thomas Whites deposition was then
read by Attorney Haskell. 1t was to the
effect that one hour after the explosio the
witness, Graham, came TO his house,
knocked a. the door and asked for shelter.
He was admitted and stayed there for
three or four days. Graham seemed IN an
I'D l.
haV Dg given Curtin's knock. He was
supplied with pipe and tobacco and
smoked incessantiy. he was depressed
in spirits and after a while be said. 81
guess I'd better 60 and give myself up"
In crOss-examinatiGn White deposed
that while he was not sure Graham was
the man. it ''lOoked something like him To
me-" Being pressed afterward ON this
point by Haskell. White said, "Pm not
blind. and it is the man." Graham was
present, of course, while the deposition
was being taken.
Mr.. Black then read the Police Court
testimony of Tom Mccarthy. who is re-
ported TO be dying of consumption. The
evidence corrobOrates Graham in so far as
concerns his walk along Main street that
night up to the parting at the corner by
Curtln's boarding house about midnight.
For the last time the witness Graham
was al this point recalled by the prUsecu-
ton. he was asked if he knew this man
White. who lives in little bit Of shanty
near the Sailors Home" Graham said
he knew White, but he never said such
things as we're attributed TO him. He first
saw White between 10 and II o'clock on
the Sunday night aiter the explosion, and
not as White stated only one hour after.
Graham was then re leased from Gu -tody.
The testimony was then declared closed.
Before entering upon the arguments coun-
sci on both sides suggested hat the Jury
view the premises during the luncheon in
terval. Particular attention should be paid
to CurtiD's, D0yle's back yard. TyrrelPs
room a Doyle's. the verandah of the Main
street House and the window from which
LOsson looked when he saw Tyrrell run.
ming away.
Judge Wallace said he supposed the jury
had no objection.
Yes, we have" spoke up Juror Horace
Smith. We've been kept long enough.
and we don't want to 90 there. 1t isn't at
all necessary"
Otter jurors also demurred, saying that
the whole situation had been sufficiently
explained by diagrams. So it was decided
that the the visit should be dispensed with.
as Wei as the sumptuOuS luncheon to
which Bailiff Curtis had been directed to
escort the jury after the inspection.
In the afternoon Mr.. Black made his
opening argument for the prosecution. He
did not occupy the time of the court very
long, but simply placed the evidence be-
fore the jury, pointing out the strong cir
cumslantIal evidence in favor of TyrreI's
guilt. He endeavOTed to show that TYR
rell had systematically abused Curtin's
clearinghouse, and that the dastardly
deed which caused the lives of four men
was done out Of motives of revenge. Mr.
Back will close the case at greater length.
Attorney j. J. Guilfoyle followed with
burst of rhetoric on the prisoners behalf.
He c. mmenced with the cheerful intplli-
gence to the jury that they might all i'm
their turn one day find themselves in posi-
tions similar to that occupied by the de-
fendant and he asked them not TO forget
this in deciding upon verdict. Then Mr.
Guilfoyle warmed tn his work and ocen.
pied the rest of the afternoon with n
clamorous denunciatIon of police peIsecu-
ton and the uDrelabilty of the witnesses
called for the prosecution. The defendant
was visi bly, agitated while his counsel was
arguing.
To-day Burnett G. Haskell will close for
he defense aud Mr.. Black for the prosecn.
ito u, alter hlch the case will be placed
in the hands of the jury.
Died Among the Sand nur.-