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

of crime under an unj just accusation for
over year. There was the pathetic spec
tacle of his brother, an honored member
of the bar, pleading for his brothers vim
dication in the face of overwhelming odds
and himself taking the stand in his de-
tense. There were the facts of the prison
er's reputable family, his aversion to
wealth, the testimony of friends from all
over the country to his having borne a
good reputation, even though his occupa-
ton was known to be that of professional
gambler. There was the eternal woman
in the case" a strong attempt TO prove al
most complete alibi up to the very arrest
of the defendant, the appearance of the
defendant himself on the stand and, in
fact. every element of interest eliminating
in the verdict of the jury.
Upon the converting of Judge Belcher's
court in the morning every seat was occu-
pied. Attorney ]. Paulsell made the opeE-
ing statement for the defense. He de-
clared his side would show every move
ment of the prisoner from TAO O'Clock on
the evening of the 18th of February, 1894,
until his arrest about 3 o'clock the next
morning, and outlined those movements
as having been from the Burlington Hotel
to various saloons and gambling places
until he reached CAROLS resort at $40
Market street shortly after 2:45 A. NJ.
,
ment that ne would show that his brother
on pushing open the street door had been
confronted by two men, who had robbed
him of about $17, taken off his hat and re-
placed it by another, had then thrown a
macintosh over his shoulders and pushed
him out into the street to fall almost into
the arms of the aIresting officers. His
general contention would be that as the
heir to large property interests and on good
terms with rich mother he had no mo-
tive for committing the crime with which
he was charged.
The first witness to support this line OF
defense was w II. Tidball. railroad de-
and a man named Marshall, about 2:35
o'clock on the morning of the robbery, in
front of the Peerless saloon. Although he
knew this fact, he had not spoken about it
until a month before the trial
1. R. Wilbur, formerly partner of the de-
PENDANTS father, testified to the prisoner S
good character as far as he knew it. This
Z same line of testimony was afterward
given by Mike II. Smith, saloon-keeper
of this City; General ]. W. B. Montgomery,
rancher; Sheriff Wilson, Attorney J. d.
Sproule, Banker Robinson, 7. FL: Bernard,
livery stable-kceper. all OF Chico; John
Stevenson, farmer; +: J.. Gordon. gun
dealer; w. w. Ward, saloon-keeper; Mayor
W. T. Ellis Jr., all of Marysvllle; James
Orndorff, saloon-keeper of this City; Attor-
ney A. II. Vogelsang of this City ana Judge
Z. II. Tams of Stockton.
George A. Cushing, gambler known as
"Cariboo George" testified that at l2:3O
O'Clock on the morning OF the robbery ne
had been asked at the Golden West Hotel
by the defendant for money, on debt OF
over 500 owed on ''strlng account, out
that Paulsell refused to take SIS when it was
offered.
Fred Marshall, a gambling man and
sport, had met Paulsel at about l2:30 on
that morning at the Golden West Hotel,
and saw him at 2 o'clock in the barroom
there. Together they went to the Peerless
saloon and down Market street, meeting
one Frank, or ''Tod," Mcdonald, who was
not produced to testify. Opposite Wild
ber's drugstore, on the corner of Third and
Market streets, the prisoner and Marshall
had separated, the latter going down Third
and Paulsell continuing along Market to-
ward CarrolPs faro place. Just before sepa-
rating Marshall had glanced up at the
Chronicle clock tower and remarked to his
companion that it was 3:45 A. M. The
prosecution had shown that the robbery
! took place about 3:40 A. N.
Then the defendent took the stand. In
answer to his counsePs questions he told
he had left his room on OFarrell street
on the evening of the 18th February and
engaged a room at the Burlington Hotel
for himself and friend From there he
had roamed about town, going to several
gambling places and at one stalking a dol
lar on the last or shot" card of the deck,
getting his money back. He had asked
ice riboo" George for some money and