The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-12
SAW THE FATAL SHOT.
4 New Witness in the Becker
Murder Trial.
MURPHY CONTESTANTS ASTIR.
They Wish to Have the Famous Case
Retired.
RECEIVER BISHOP MY BORROW.
GriPman JosephS Indicted for Nan.
SIaHghter-The Division Of
the County.
RECEIVER BISHOP Nay BORROW.


teriay at the conclusion OF Bscker's issti-
mony, and when al Of tbs evidence was
supposed to be IN. District Attorney
Saook asked the court 70 permit him to
reopen the case for the people for the pur-
pose Of putting 90 the stand w. P. Dbl on,
a painter. who claims to have seen the
shooting, but was sick a. the time that the
prosecution vas putting in its svidsnce.
Tas jury was dismissed during tie dis
cussion Of this point. and Dillon was
sworn and told Of the scene az the time OF
the shooting. The court said that 1t was
an unusual proceeding, but be would ad-
nit 1t.
Attorney Chapman argued against the
admission Of any testimony from the Wit
ness, owing 20 the fact that he had been In
the room and heard the testimony Of
Be cker, which be expected to contradict.
lie WIS oYerTuled and took an exception.
The Jury was called and the trial pro-
eeedpd as reopened for the prosecution.
Dillon testified that he Was in the See
beck saloon at the time OF the shooting
and two men named Heeker and Scully
were with him. lie was leaning On the
bar with his back 10 it and his elbow on
II. Hecker and Scully were in front Of
hin. He was positive that Becker drew
revolver from his outside coat pocket and
shot Edison Just as he stepped outside OF
the swinging door Of the saloon. The
witness said that he saw Becker tumble
IN his coat pocket in pulling out the re-
volver.
After the witness had repeated his state
ment Attorney Chapman had Becker stand
up ana show that tbs coat that be had on,
which he claims 10 be the one be wore on
the day of the shooting, had no outside
pocket. Dillon thought that Becker bad on
another coat, but was not positive.
Chapman worried HE witness during the
crosE-examinatio He questioned him
closely as 20 his WheTea bouts spee ne had
been subpenaed. be finally admitted talk
ing about the case 10 r. Il. Swain in Bar
NUNS restaurant yesterday ana The day
before az lunch. He denied hat ne was
able 10 relate the conversation that took
place, but persistent effort drew from wit
ness that swain had said he wished
Becker would be found guilty and
imprisoned. Did not want 20 see him
hanged. HI also said the case was being
botched ana not ali Of the testimony that
was available was being used. Wiz
ness tried hard to eYade the counssPs
questions. but the court directed him 70
answer. Chapman wanted to know If the
witness had not said that be ola not want
to have anything to do with the case, and
that IL the defense did not get him the
prosecution would not
The case was continued to next Tues
day, when il is expected that the defense
viii make an attempt to imyeach the tekti-
mOny Of Dillon which eontradlcts BeckePs
claim that Edson drew the revolver On
him outside the door of the saloon and
that he wrenched it from him and shot him
In self-delense.
Bishop May Borrow.
The application OF Ira Bishop, the re-
ceiver Of the Piedmont cable road 20 Dor
row $4,000 uppn certificates to meet de-
fciencleE IN the running expenses of
the road came up before Judge Ogden yes
terday. II. Z. Garthwaite, ex-secTetary of
tie company, was present and asked 10 be
allowed representation. This was OBJ
jected TO by Attorney Wilson for the re-
csiVer. but the objection was overruled.
Then Bishop went on the stand and tssti-
fed 10 the necessary operating expenses
and the present outstanding Indebtedness.
At the conclusion of Bishops direct state
ment Mr.. GaTthwalte. who had some fig
ures Of his owo, waDted TO question
Bishop, but Attorney Wilson objected.
Mr.. Garthwsite said that he wanted TO
show that Bishops comparison as to the
amount hG had saved in operating was not
a fair one. Judge Ogden intimated that
this would not be any cause why the
operating expenses should not be met and
he refused to allow Garthwaite TO question
the witness on that line. After some dis
cussiOn as TO the necessity for the loan
Judge Ogden made the order. At present
there are S63, 900 of receivers certificates
outstanding.
Want TO Try Again.
The counsel for the contestants of the
will OF Mrs. Anna l.. Murphy, who got
Judgment in tho Superior Court, but han
the verdict reversed by the Supreme Court,
have by no means given up the fight, de-
spite tile fact that distribution OF the es-
iaie was ordered. The estate 10 worth
about $1,000, 900 and the contestants al
torneys are 10th 10 accept defeat. Yester-
day they fled formal notice of motion
for new trial 1t is based upon the
ground Of newly discovered evidence
material TO contestants case, the
insDfieieney of the evidence TO justify the
verdict ana errors in the trial hffidavits
in support Of the motion will be flied here
after with the bill of exceptions. 1t is
claimed that :he lower court having been
reversed the judgment fled last Saturday
IS the only judgment of record against the
contestants who all got within the legal
time in which 10 move for q new trial.
The motion is fled by Wilson & Wilson,
CARRIER. BoaIt & Bishop and Hall 81 Earl,
who are the attorneys Of record IN the
case.
Two Election Contests.
The recount in the Laymance-Sanford
be completed to-day, barring any delay or
change OF programme. At the opening of
the court next week arguments will be
begun against the ballots challenged by
Dir. Laymsnce's attorneys. As Sanford
has two of Laymsnce's ballots challenged
for every one Of his own on the same
grounds 1t is not probable that there will
be any material change from the count as
finished. Sanford has gained steadily on
the official count, and instead of tho II
plurality, now has something over So
The Office of Constable in Washington
Township Is in dispute, and yesterday
Judge Ogden was occupied in recount Of
the votes OF the six precincts affecting the
same. j. A. Trefry attacked 5. b. Var
dervoorps claim 20 the same. Arguments
will be heard to-day on the challenged
ballots.
Tried for Granddaughter.
The trial of w. F. Josephs, the grip
man in charge OF the car which was run
into on The crossing of Seventh street and
Broadway several weeks ago, resulting In
the killing Of Miss Coates and serious in.
juries to Attorney w. Ii. Waste, was
begun yesterday. j. ID. Manning testified
that on tie evening of the accident he was
standing at the corner of Seventh and
Broadway. He saw the cable car az
proach and slow down almost TO a stop at
about twenty feet north of the crossing.