The record-union., 1894-06-01
OFFICER RUTHERFORD EKONERATED.
He Was Doing His Duty When Elmer
Schmidt Was Killed.
Testimony Taken at the Inquest Last
Night The Inquiry Was
Long and Tedious.


resulted in the officer being exonerated
from any intent to kill the deceased.
Deputy District Attorney j. c. Jones
examined the witnesses, and R. T. Devlin
was present as counsel for officer Rulher-
ford.
Officer Fisher testified that he had ar
rested Schmidt twice, once for annoying
people at Eighth and ], and also on last
Thursday. On the latter occasion
Schmidt used bad language and at
tempted to strike the witness when he
arrested him. He was allowed TO go on
promise to do better. His associates were
bad, one of them being convicted thief
Schmidt was also arrested for throwing
an iron bar through the window of a
saloon at Sixth and Z streets. Witness
believed he was discharged on that occa-
sion.
There had been number of complaints
made by residents at Eighth and x
streets about the actions and language of
the crowd with which Schmidt went.
John Azevedo swore that on Monday
night about II o'clock he heard a shot on
the south side of the depot. There had
been much complaint made by newsboys
that gang of young fellows stole their
papers. After the shot was fired, witness,
who is night watchman at the depot,
went out and drove the gang away. One
of them, the tallest, had on dark clothes,
had a can in one hand and the other in
bis pocket. Deceased had on similar
clothes and was about the same size
There was a colored boy in the crowd.
Joe Dayis testified that he met the de-
ceased on the night of the shooting.
Schmidt had some beer in can, and
While they were there he pulled out
pistol and shot it off. A man drove them
away, and they went over to K
street and down to Third. They
went down to Third and NJ, where
Officer Rutherford stopped them
and arrested them. While he was search
ing one of the boys, Schmidt ran away,
and when the officer called to him to stop,
said, 'Pll be ID if you catch me this
timew and refused to stop. The officer
fired after him as he got to the alley
When they were at Third and j, Schmidt
told the boys that the officer was follow
ing. Schmidt told the officer that he was
going home from the rolling mills. When
Schmidt ran away rutherford followed,
drawing his pistol, and shot when he got
to the edge of the curbing. The officer
went up to the alley after he shot He
was running when he shot. Witness and
Schmidt went down TO the depot nearly
every night to the s o'clock train. When
Rutherford stopped them they all knew
they were arrested.
Schmidt had been that night at the de-
pot, and they all drank. Afterward they
came up town. Rutherford told them
they were arrested, and they all under
stood it. When Schmidt started to walk
away, he said he was going home, and
the officer told him he could not.
Ben Rawles swOre he knew Schmidt
and that he saw him rob a Chinaman
near the depot one night about three
months ago. He thought he got a brace
let. y boy named Donohue was with
him. Witness had been arrested about
that time for stealing from car. 1t was
agreed between witness and Schmidt that
witness was to inveigle the Chinaman
down there and Schmidt was to rob him
by ''giving him the strong arm" Wit
ness coaXed the Chinaman down and
Schmidt robbed him. He had promised
witness part Of the money he got from
the robbery. He did not know what
Schmidt got, but thought he got brace
let. as he saw him have one such as Chi
nese wear.
Frank Cook was with Schmidt when
he met his death. Rutherford stopped
the boys and searched witness, and
Schmidt ran away and rutherford shot.
1t was at Second and NJ streets. They
did not know tor some time that Schmidt
was shot, and when they walked up TO
Third and l. streets Officer Talbot ar
rested them.
His story tailed with that of Davis.
He saw the flash and it looked as if
Rutherford's pistol was pointed higher
than leyel-pointed upward. When
Rutherford went after Schmidt the others
went down to the alley between M and
n. w hen they went to the depot, earlier
Ia the evening, Schmidt was there. Wit
ness did not see Schmidt have any
pistol, or hear any shot while at the de-
pot. He did not hear Schmidt tell Ruth
erford to go to hell" as he ran away.
Witness admitted that he had told Chief
Drew that Schmidt told Rutherford to
"Go 10 hell" He also owned that he had
been arrested five times on different
charges. He had run with Schmidt con-
siderably for the past three years. He
did not drink any beer that night, and
did not see any. When Schmidt told
Rutherford that he would not get him
this time, Rutherford told him he would.
Captain Anthony Greene had seen
Schmidt frequently around the Clunie
building, and in the city prison on
various minor charges. He heard shot
on Monday night and heard police
whistles blowing. He went to the spot
and found Schmidt dying. Rutherford
came to him and told him he fired the
shot, and witness placed him under ar
rest Schmidts character was bad, and
ne was under police surveillance. 1t had
been reported to the police that he had
been in the habit of garroting Cinnamon.
Donovan and RawleS told the officers
that Schmidt had used them to decoy the
Cinnamon. Officer Higgins had reported
to witness what Donovan had told him in
reference to 1t. Complaint had been made
to the police that. the gang had been gar
roting Cinnamon.
About half an hour after the shooting
Officer Talbot and Special Officer Warner
reported to him that they had got the rest
of the gang.
Joseph Judd swore that when Schmidt
lived next door to him, some six years
ago, he was bad boy to his parents. and
witness heard him abuse them at differ
ent times with the vilest language.
Officer Higgins testified that he had
seen Schmidt hanging around the depot
considerably for several months past
with boys who were known thieves.
There was considerable complaint from
Cinnamon that they been held up near
the Third-street bridge. He Investigated
the matter and found Schmidt was i'm
plieated. Some of the boys he consorted
with were arrested and confessed that
Schmidt did the robbing. Witness re-
ported the matter TO the Chief and Cap
tain of Police. He had advised Schmidt
to shake the crowd, as he had good job
and had better keep away from them.
lie had seen Schmidt late at night often,
and on Sunday morning found him
asleep in box-car. He, Davis and Cook
ran together great deal.
H. L. Dlllman testified that he had
known Schmidt short time. Last week
his father came and asked him to help
get him out Of a scrape in the Police
Court. Witness interceded for him.
John Gallagher, one of the boys ar
rested, said he was with Schmidt when
he was shot. His story tailed with that
of the other witnesses to the shooting.
went away, but did not know what it
was. He denied telling Chief Drew that