The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-08
HOPE FOR MRS, SHAT TUCK
The Supreme Court Has Decided
to Allow Her a New
Trial.
The Murderess of Harry Poole Will
Have Another Chance in the
Superior Court.

Mrs. Jane Shattuck, convicted of killing
Harry Poole, was granted q new trial by
the Supreme Court yesterday.
The murder attracted much attention at
the time, on account of its sensational
features. Harry Poole had been paying
attentions to Truly Shattuck, who was
then leader of the Tivoli chorus. Her
mother learned of the intimacy between
them, and when she learned that it had
gone beyond the bounds of propriety she
demanded that he marry her daughter.
He refused, and she shot him one morning
when he was at the house
The case was tried before Judge Belcher.
A defense of insanity was made, but the
jury found the mother guilty, and she was
sentenced to the State prison for life. An
appeal was taken, and the order of Judge
Belcher denying new trial was reversed
A few days before the shooting letter
was sent to Harry Poole by Mrs. Shattuck,
asking that he decide whether or not he
would marry her daughter. Truly, she
said, was going East, and she wanted an
answer from him. He showed this letter
to his mother, and the letter and all that
was said about 1t by him and by his mother
were allowed in the mothers testimony.
Counsel for the defense objected. on the
ground that it was incompetent testimony,
but without avail. In commenting upon
this the Supreme Court said that the de-
Tense has right TO show malice on the
part OF Mrs. Shattuck, but what Poole him
self said was not competent testimony to
prove malice. The prosecution made
much out of this point in the lower court.
as tending to support their claim that
Poole was murdered in cold blood. The
Supreme Court says the admission of this
t,cNN 10, -,
reversal.
Another error which the Supreme Court
took cognizance of was in the limitations
which the lower court placed upon the
medical testimony. The defense con-
tended that Mrs. Shattuck did not know
OF anything improper between her daugh-
ter and Poole until just before she shot
him. There was latent insanity present
in her mind at the time, they claimed and
the sudden discovery of the shame of her
daughter unbalanced her intellect. To
show this insanity, the defense wished to
show the previous condition of the de-
PENDANTS mind. This the court refused to
allow, but the Supreme Court declares the
defense had right to go back and attempt
to show the condition of the defendants
mind before the murder.
The charge of the court also contained
error. In speaking OF this the Supreme
Court says:
The court instructed as follows: Certain
relatives of the defendant, to-wit, the hus-
band, mother and daughter, have been ex-
emined rs witnesses in behalf of the defense
This is their right. 1t is proper, however for
the jury TO bear in mind the relationship be-
tween them and the defendant and the man
ner in which they may be interested by your
verdict and the very grave interest they must
feel in II, and II is proper for the jury TO con-
slider whether their position and interest may
not affect the crediblity or color of their testi
mony.
charge of this character has been held to
be error in the case of the People VS.. Herr.
This court has frequently limited that sim
liar instruction in regard TO the defendant is
erroneous, because it violates the constitu-
tonal provision that Judges shall not charge
lurles IN regard to matters of fact. The court
has heretofore declined to reverse for such in
struction, as 1t had been approved in some
former cases. The reason for this was that
cases might have been already tried where
such instruction had been given in reliance
upon the former decisions, and in regard to
the defendant the instruction would not be so
harmful, as the situation was obvious without
being specially pointed out.
This case was tried before the profession be-
came aware of the rule laid down in People VS.
Herr. We do not care TO modify this rule.
AMERICAN MACHINERY IN JAPAN.-Ad-
vices from Japan in treating of the omni-
presence of electrical devices in that
country make special note of the extent to
which American machinery is in favor.
AT the electrical generating station OF the
Lake Biwa-Kioto canal twenty 40 horse
power Pelton water-wheels are installed.
They are belted with Edison. Thomson.
Houston and Brush dynamos, with coun-
tershafts between them. Lately a tn rec
phase dynamo of Siemens & Halske has
been added. The work of this plant is
extremely interesting and the installation
shows how keenly alive the Japanese are
to the possibilities OF electricity. The
canal, which provides the water power for
the generating station, is crossed by sew
eral bridges. Near the water-power station
Is an incline along which boats with cargo
are moved up and down on wheedled
cradles. The cradles are hauled by steel
ropes passing around a drum, which is
worked by electricity from the power
house. This peculiar adaptation is made
necessary by the descent of the canal at
this point, lis feet in 1913 feet, to the level
of the city. The gradient of the canal
incline is one in fifteen. Double lines of
railways, consisting of fiat-hottomed steel
rails, are laid on wooden Sleep
ers. The gauge is s feet 8
inches. Two cradles, each with eight
wheels. are so arranged that one goes up
while another Is descending. The width of
the boat is feet, and the length As feet.
The weight of the cargo is from ten to
end tiio 'iAie VI tLS passage "a
the cradle is about twelve minutes Not
only are the cradles moved up and down
the canal incline by the electric motor, but
the electric power is used for spinning,
weaving, III the manufacture of clocks,
watches, needles, OIL lemonade, ice, soda
water factories, rolling mills, ricemills,
ana for pumping water for the innumer-
able lighthouses which are situated within
a radius of two miles from the power
station. Besides these the station sun
plies electricity in the daytime to the
kioto Electric Railway Company, and at
night to the Kioto Electric Light Com
pany. The cost of the power ranges from
$50 to SEQ per horsepower per year for daily
rates of twelve hours; for eighteen hours
the increase is 80 per cent, and for twenty
tour hours it is so per cent. If any one
mas the idea that the Japanese are children
in the held of industry, he may safely be