The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-06
w II nDBAlt

! the pistol was thrust down his trouser-leg.
81 was dazed and staggered along toward
Montgomery street, when l heard the
jingle OF coin dropped on the sidewalk. ]
put my hand down and found a stocking
which had been left in the outside pocket
OF the coat placed upon me by the robber.
The coin was dropped from that and when
saw some officers approach l handed it
! to them"
Assistant District Attorney Peixotto
cross-examined the witness. Paulsell said
| he had not made known this perfect de-
, tense before because of his lady friend at
the Burlington. He had not wished his
wife to know he had been arrested.
"Why didn't you tell the arresting off,
cers?" urged Peixotto.
II realized the position l was in" said
the defendant.
We'll, if you realized your position,
| what was itP What were you arrested for ?
Not because of your friend at the hotel,
was it? What did you think it was for pr
But the witness only repeated that he
realized his position. and asked his cross
examiner with an air of reproach whether
he thought it necessary for a man to tell
| all his troubles to an officer.
Those men, you say" pursued Peixotto,
didn't wear masks. Should you know
! them again ?''
The witness smiled.
II don't think 1 should" he answered.
Then he was asked about their guns;
whether there was much difficulty in
| thrusting the long pistol down his trouser
leg, and whether he thought that men
who had just robbed bank of thousands
OF dollars would care to waste time in rob-
blng him of his small change.
The Observation-Disclosures stuck to his story
OF the robbers robbing him, and said he
thought he would have been out of prison
by II o'clock the next day. That was the
1 hn 49,
For a year and four months he had not
| dlvulged the true facts of that night.
In confederation of the defendants state
ment that he had thought he would soon
! be released an officer testified that on the
morning after his arrest he had stated that
all would be explained at the proper time,
and had asked him to get his overcoat and
cuffs from the Burlington Hotel.
Then the case went to the four attorneys
TOR argument. Associate Prosecuting At
torney Martin Stevens opened, followed by
Attorneys Bert and Paulsell for the de-
| tense, Assistant District Attorney Peixotto
closing: Each talked for fifteen minutes.
The defense urged that there was no mo-
| tive for crime, as Paulsell would inherit
one-fourth of $4,000 in few years, had a
general interest in an estate valued at
$l14.OO0, and was good friends with his
mother, who had private means amounting
to $35, 900. The line of defense was prob
| aole ana the good character of the defend
ant has been vouched for in court.
The prosecution ridiculed the defense as
fairy tale OF the first water. Nothing but
goat or an ostrich could swallow it. There
| should not be different law for the rich
and poor, and the fact that the defendant
| was honorably connected should not weigh
| against the evidence of his guilt. Upon
| the jury lay the burden of putting a stop
| to this class of crimes in the community.
| After Judge Belcher had delivered his
| charge, with special reference to the de-
| fendant's own testimony and the value of
circumstantial evidence, the jury retired
| to deliberate on its verdict.
There was an unexpected sensation in
| the case last night, and one of the Jurors,
| julius Meyer of 1122 Turk street, NAV find
| himself in serious trouble before many
days are past.
The jury retired at 4:30 P. NJ. and at 6
O'Clock went to supper. The Judge had
notified them that he would be in court at
| 8 o'clock to receive their verdict.
Shortly before o'clock Judge Belcher
took his seat on the bench and the jury
was called in. AS soon as they had taken
their seats John Hinkle, the foreman,
sprang the sensation.
"Your Honor" he said, 1--WE have
failed TO agree upon verdict, and there is
no use sending US back, as one of the
Jurors says he is prejudiced against the
court and will stay out three months il
necessary rather than agree. 1t will be a
waste of time to discuss verdict any
| further" -, :,
GAS far as the court is concerned" said
l the Judge. "the defendant has had ner