The San Francisco call., 1895-10-11
HE PLEADED INSANITY.
But the Experts Declared His
Sanity to Be Clearly
Evident.
WAS NOT UNDULY DEPRESSED
The Prisoner Stated He Would
Rather Be Hanged Than Be
Imprisoned.

SANTA ROSA. CAL. Oct. 10.-Dennis
Mccarthy, the San Francisco man who
shot Charles Fox in cold blood on Sam
Crooks farm, Bellevue, few weeks ago,
heard his doom to-day. The case went to
the Jury at O'Clock Wednesday and ver-
dict was rendered this forenoon of murder
in the first degree, without any recon-
mendation for mercy.
Mccarthy has feigned insanity ever since
he heard of his victims death. When he
heard the verdict read, however, he ap
peared as sane as any one. Not single ex-
tenuating circumstance was shown in his
favor at the trial. The contention was
that he had always been feeble minded.
Expert medical testimony was given for
each side, but the jury concluded that he
was sane and perfectly responsible for his
acts
Mccarthy is the first man to receive a
death sentence since the conviction of
George W. Bruggv, the Windsor man,
who killed an inoffenslve German, Dick
Ienrlssen, and who was thrice sentenced
to be hanged.
When Mccarthy was taken back to the
County Jail from the courtroom he did not
seem to be unduly depressed by the result
of the trial. He will be sentenced on Mon
day. He says he is satisfied with the YER
dict of the Jury as he killed George Fox,
who was peaceful and well-behaved man,
and he would rather hang than go to San
Quentin for life. The Jail officials are TAX
ing extra precautions to guard him, as the
Jail is not too secure.
The last man CpnfonPpd hprp RI dpat n
escaped by breaking out through the roof,
and Mccarthy is reported to have re-
marked that to be killed l. a last attempt
to escape would be preferable to hanging,
as hanging was preferable to a life sentence.
Under the new law if Mccarthy is hanged
the execution viii take place at San Quen-
tin. II is the first conviction of murder
IN the first degree in long time, and the
people rejoice at the triumph. 1t has
been difficult heretofore to convict white
men in this county of capital crimes.
The crime of which Dennis Mccarthy
was convicted to-day occurred on June 25.
The quarrel was begun with Sam Crooks,
for whom the prisoner had formerly
worked George Fox, the victim, was q
fellow-empleye.
The trial commenced on Thursday morn,
ing last and has occupied several days
Much interest has been evinced in the
matter, and each day the courtroom has
been besieged with spectators. District
Attorney Seawell prosecuted and Attor.
neys c. S. Farquar and Gill P. Hall ap-
peared for the defense.
In his version of the trouble Mr.. Crooks
stated that on June 25, about 80 O'Clock
he and Fox and man named Simpson
were engaged hauling hay when McCar thy
with whom he had had some talk the same
morning, came up and asked to see him in
private. He refused to comply with the
request. Mccarthy then asked witness to
take him back to work again. He refused
as Mccarthy had not behaved well. Nc
Carthy then demanded his money and re
fused to accept the amount offered hin
and went upstairs and took off his coat
George Fox then passed the barn ano
told him that Mccarthy had a pistol
Crooks then ordered Fox to hitch up
horse and he would go to Santa Rosa fol-
the Sheriff. He then went into dinner
and while in the house heard the double
report of a pistol. He went to the door
and saw Mccarthy coming out of the
stable where Fox had been Harvesting the
horse, with a smoking pistol in his hand
He then sent for DR.. Jesse. Fox died al
his ranch on July 90. Mccarthy had hat
some previous trouble with Fox.
The defense from the outset tried to Sc
up the plea of insanity. The prosecution
however, called several experts to th
stand, among whom were DR.. J. Osborn O
the Glen Ellen Home for the Feeble
minded and DR.. R. ?. Smith, who testified
as to the sanity of the accused.
The greatest sensation caused during tn
trial was when John Clark of Santa Ros;
was on the stand. Clark met McCarth
three hours before the shooting took plac
at the depot. Mccarthy told Clark that b
had had trouble with man at Bellyu
and that he was going to shoot him
Clark cautioned him, but McCarthy's re
ply indicated that he would not heed tn
caution.
The argument commenced at 9 80 o 'clocl
yesterday morning, and at o'clock tn
jury took the case. They were locked III
all night, and at Ii 80 o'clock this morning
rendered a verdict of murder in frs
degree" The verdict did not surpris
many people.
Mccarthy, during the progress of tn
trial, has been very quiet. He locke,
pale, but betrayed no excitement or in
terest in the proceedings. His father
brothers and sisters have sat by him, bu
never talked with him. One of his sister
resides at 1717 Jessie street, San Francisco
and the family are well known in tha