The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-09
Special Legal Talent to Prosecute
c. r. Bennett.
Z. SHERMiN'S ARREST And RELEASE.
San Francisco Will Shortly Have Indus.
trial General Kelley and His
Army.

case, ana the trumpet HneuIun. Mary
Smith, and her husband, George c. Smith.
will not receive any benefits from Mrs.
Lemons property left to them, and Mr..
Smith is determined that the other side
shall not enjoy the wealth as long as he
lives and is able to keep the matter in the
courts.
I'VE will shortly ask for a new trial."
he said yesterday, ''aDd if we do not re-
ceiVe it then we are prepared TO carry the
matter to the Supreme Court. | do not
think the verdict a just one and l will
fight the matter as long as l have dollar,
and l have a few left. If my own money
fails me L have a friend who has assured
me that he will let me have ali / want
my cause is good one aud / am sure
to win when 1 can get it before jury that
is not prejudiced as the first one was.
Mr.. Holman, the attorney on the other
side, has already been talking compro-
mise to me you see they fear their own
case), but told him no, that l would never
compromise under any circumstances.
"Wby, the only witness they had, old
Van Foster, has already gone back on his
sworn testimony, and on This point alone my
attorneys are sure that rebearing will be
granted. You remember lHaL roster (tD6 last
husband of Mrs. LemOn) testified that he be-
ieved Mrs Lemon TO De insane. 1t was on his
testimony that the jury placed tile most depen-
dence for their verdict, understand. Well,
] went 10 see Foster few days ago while In
Alameda. and said TO him. 'hlr. Foster, did
you mean 10 say 10 that jury that Mrs. Lemon
was insane"' No. he SAID; did | say Ihat?'
Yes Well did not mean to say she was in
sane on all subjects. and il my testimony was so
understood IL was altogether wrong Why. l
think she was one OF the smartest women |
ever saw on anything but spiritnasm.' And
simply because she did not believe in spirit
uasm in the same way that you did you be-
lieved her insane on that subject is that it?'
Yes he replied.
pinned his faith 10 Fosters testimony. The
old man has stated that he would make atfi-
davit TO what h then told me, and on that ne
will surely be entitled 10 d new trial"
Mr.. Smith also paid his compliments to the
testimony of Mrs. Chandler. and said he had
something in reserve for her when again she
took the witnessstand. He diScredlts her
whole story, and says that 10 rebut il he will
have witnesses who know Mrs. Chandler we'll
The trumpet medium" and Mr.. Smith
leave to-day for Santa Maria, Santa Barbara
County, where the latter is engaged In ranchIng
and in the real-estate business.
San Francisco Talent to Prosecute.
c. r. Bennett, late secretary OF the Society
for the Prevention OF Vice, OF San Francisco,
appeared III Judge Ogden's court yesterday 10
be tried for an ATTEMPT TO kill George W. Gray
on a local train at Twenty-thTd avenue. about
8 o. clock on tue morning of May o. 1894
Gray and Bennett had been deadly enemies
for year or more, and once Gray shot at Ben
nett In front or the CITY Hall. He alleged that
Bennett had betrayed his daughter under prom
Use OF marriage before she Earned that he was
married man. He was tried and acquitted.
On the morning in question Gray and his
daughter entered the car In which Bennett SAT
Just after leaving TWeDty-thTd avenue. On
recognizing them, IL Is claimed that Bennett
began 10 shoot at Gray and 10 run Gray re-
cd Z ,a FIRE M no Ia xpa hllrf hxrf hat
sllade although the cars were well filed with
passengers.
The pros cution is being conducted by Dep
MY District Attorney Lin Church, assisted by
Ii. l. Kowalsky of San Francisco. They will
endeavor TO prove by Benefits being on the
train at that point and hour that be was there
10 prosecute the girl, as her father claims he
had been doing for some time. The train was
going west and was five stations east of where
h. would have boarded the train had he gone
dir CT from home.
of Haywards and r. Z. Hewett. He has been
out on bail furnished by the Montgomerys
During the day jury was impaneled and tes
timony will be introduced to-day. The names
of the Jurors are: G.. ". Naismith Dennis
ONeil. o. Knox. Thomas Walker, A. II. Scbou
&. ". Becker. John Gunnip. j. A. Andrews,
Ii. L. Vinegar, ID. w. StandeIOrd, 5. l.. Bixby
Z. g. Rhodes.
Becker Claims Self Defense.
The prosecution rested in the case of Charles
Becker, charged with The murder of Edison,
Yesterday, and the defense made The first state
menl that has been given out since Becker's
arrest: NJ. C. Chapman. who is defending, oc.
cupIed the best part of an hour In telling the
jurors what he proposed TO prove. he said:
I'VE propose to show that this man was de.
Tending himself al the time of Edson's death,
and that he mad been attacked by him on
previous occasions. Becker came from Ger
many, where he served in the army. He is rs
years OF age, and worked at the Terrace Baths
for fifteen years The last three years lie was
E0SOn m
more. He often asked for his money. and on
one occasion EdSon ordered him out OF the
office. He refused to go without being paid.
Edson drew revolver and raised it just as a
man named ABEL came in. He put ii down and
refused to state TO APPEL the cause of
such actions. Becker told him that he knew
his life was not safe and bed have him ar
rested. Edison pleaded not TO be arrested, say
ing il would break up his business ana then
Becker would never get his pay. When he re-
ceved any money it was only so cents. a doll
lar or TWO. except once when he secured 5000
But the charge on tile books was always much
in Xcess OF the amount paid. On one occasion
Becker was knocked down by EdsOn when he
asked for his money. He was arrested. but
Becker had the case dismissed.
''At the time of The shooting Becker and Ed
son went out OF saloon together aud Edison
drew revolver. Becker grabbed and turned
lis hand in toward Edson when il went of and
struck Edison. Becker then wrested the re-.
volyer from his grip and shot him three or four
times"
Similar evidence was introduced during the
afternoon. No one saw the first shot fired so
Becker'S testimony was not contradicted.
Sherman Arrested and Released.
Edwin A. Sherman Jr.. president OF the Ala
media County Christian Endeav0r Society, was
yesterday taken into custody on a warrant
sworn out by Chief of Police Schaffer and
charging criminal libel. Mr.. Sherman imme-
diatey gave bonds in the sum of $4,000. with
T. j. Gardner of Torrey, Gardner a. Williams
as surety. The bond was accepted and Sher
man released.
The complaint reads as follows:
Louis Schaffer, being duly sworn. deposes
and says that Z. A. Sherman Jr. did in the city
OF Oakland, county Of Alameda, State OF Cali
fornia, on or about the % day OF November,
1894. commit the crime of misdemeauOr In
manner following, TO wit: The said K. A. Sher-
man Jr., contrving and unlawfuly and mali
ciousy intending TO injuIe, villify and prejudice
said Louis Schaffer and TO impeach his honesty.
integrity and reputation. and thereby expose
him, the said Louis Scnaffer. TO public hatred
and contempt. did then and there uuIawfuliy.
maliciously and wickedly write and publish and
cause TO be written and published a certain
false, scandalOus aud malicious defamation in
writing OF and concerning the said Louis Schaf-
fer, who at The time OF the said publication was
a resident OF the city OF Oakland, county of
Alameda State of California. Said libelous
publication was then and there In the words
and figures following, TO wit: (Herein are in
serted the resolutions which set out. IN effect,
that Schaffer Is The friend of all enemies OF
good government in direct connivance with
law breakers and with afordDg protection TO