The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-04-14

the defendant. Detective j. j. IaWleN
was next called upon the stand He bad
n said much before the court was excit-
ed. He gave the preliminary answers
about the same as the evidence as Mr..
Auble had, relating the watch Tor anl
final chase and capture of Bean.
What were the first words you used
when you overlook the prisoner" in
quired Mr. Doane.
II remarked | am sorry you are shot.
II you had stopped you would have been
all rghti.
Didn't you remark: Now, you
-, I've got you?' - insisted the at
torney.
No. di not" emphatically res
pondcd the witness.
Beans eyes snapped with excitement $
this answer was made, and he contra
dicted the witness point blank.
Didn't you shove your gun in my face
like this, he exclaimed with gestures
that would adorn a hod-up. and say
Now. you -, I've got YOU y
''Sh ~ said his attorney.
Tut, tut. tut. You keep still, sir. y
remarked his honor. When you get on
the stand You can speak.
mo, sir: did not, said tie witness
through the confusion. and Immediately
quiet was restored.
Did Silva come out of his own accord?'
asked Mr.. McComas.
cS. sir, SAID MI. ftaWIey,
Detective Auble was recalled. Said Mr..
McComas: MIR. Auble, did you evtr IN
your experience have occasion to shoot or
shoot at a man before?'
NO. sir; never shot at man IN my
life before"
You are known as Detective Auble,
though. aren't your inquired Mr. Doane,
evenly.
Yes. sir, am, was the reply.
nd prntty yOod ono tho ~ remarked
Mr.. McComas.
Robert Earlston was called in and the
defense attempted to establish the identity
OF Joe Silva. Mr.. McComas objected to
the question as to what was Joe's business,
and Mr.. Doane was wrathy. We con :
tend y said he, that this man silver
Joe is professional decoy or stool ].
pigeon, and that Silver Joe proposed
this crime to the defendant: and that
Silver joe was in the employ ot these
government officials, Hawley land Autl :.
| am going to hold that in that event the
defendant has commi ted no CRIME.
Then there was long discussion be-
tween his honor and the .torneys on the
law of the case, that ended in the ques-
ton being allowed.
Hes a stool-pigeon, said Earlston.
How do you know he is Il s'ooi'
pigeon"
But objections shut further testimony
from the witness oil.
You are doing time in the city jail iei
stealing a bicycle, ar. you not? asked
Mr.. McComas. '"-.
YES, SIR said the witness.
That's all. Stand aside.
Richard Earlston. witness brother, was
called, but could not say that he bad ever
seen the detectives give Silver Joe any
money. His evidence was hedged by OBJ
jectlons and was immaterial. Hewas OK
cused,
Just for a moment. said Mr.. Nc
Comas. you are doing time in the city
Jail for vagrancy are you not?'
"Ycs sir.
That's all.
The defendant, Bean, was called and
relate ell how he was born in London. had
gone to Montreal, Canada, when 20 years
of age. then to Louisville. Ky. then to
Pueblo, Colo. and then to this city. He
said he was % years Of age, by trade q
blacksmith He had walked into the city
with $1.20 in his pocket but had put up al
the Poor Mans Inn. Then he met Silver
Joe.
They talked about the weather hard
times and other things. and finally Joe
had inveigled him into the burglary plan.
Joe said he knew it was IA dead easy
game" and besides he stood in with
the police Bean had nothing, so went
to the Rev. Mr. Gray, WHO referred him
to Mrs. Hartley, from whom he procured
twenty five cents. Then he got ten
cent meal. and then renounced being d
get thee behind me Satan voice.
But out there in the cold and rain al
the corner of First and Los Angelo;
streets Joe wept tears of suffering and
told of his starving family; Bean consid-
cred the matter and the cash they we're
to gather in and the two went MP rem
pie street Joe. he said, handed him q
~, a. tn IN
ana let him in, SO he could get the
money as he knew where II was stu
ated. SO. while Bean worked, according
to his story. Silva kept watch and ward.
Finally the boxes fell i'll, and as ne saw
Detective Auble rushing at him he fled.
Mr.. McComas: so you are stranger
to this work. And you went to a preach
er. Why didn you tell him the story
and get his good advice? Didn't Mrs.
Hartley give you % cents and tell you to
come around in the morning and she
would give you more money and ind you
work."
mo sir. She said to go to communion
and she would get me some clothes. No
mention was made of work.
4 Eyes, / came here for my health. was
suffering from bronchitis and other
troubles.
Some evidence given at the preliminary
examination was reviewed and at noon
the court adjourned.
At the afternoon session the argument
was confined to the proposition of Attor-
ney Doane that the crook Joe Silva. and
the detectives were in o conspiracy to en-
trap criminals. but the jury. after ten
minutes elaboration, found the defend
ant guilty in the first degree of attempt
at burglary, and 'Auble's burglar" will
soon be a laid ghost. In his charge to
the Jury Judge Smith instructed them to
return a verdict of not guilty if they
thought Auble and Hawley had put up
the job" on the defendant