The herald., 1895-10-12
Jones Said He Would Kill Err.
ringt0n on Sight
TWO WITNESSES so TESTIFY
Miss Bacon Says the Dead Man So
Declared to Her
Hiss Anderson Has Changed Front and Cor
roborates This Statement-The
Theory Of the Defense


the murder of Herbert Q. Jones, in June
last. was continued before Judge Smith in
department one yesterday. The court
room was crowded. as has been the case
since the opening of the trial. and while
the proceedings are anything but sensa-
sional, the interest keeps up, and among
the crowd are many who have been in
constant attendance from the first. Mrs.
Jones was again In the court room dur
ing the morning session. and attracted
much attention.
After the examination of Mrs. Sarah
Valentine the prosecution succeeded i q
getting in the dying declaration of Her
bert Jones, the point of which is the adj
mission that Errington came out of the
Orient lodging house, on Spring street.
saw him and recognized him. Jones
further admitted that he made at Erring-
ton to hit him, when the latter, who had
drawn a revolver. broke away from him
aud shot him three times.
This closed the case for the prosecu-
ton, when Senator Dennis Spencer of
counsel for the defense opened his case
with an eloquent statement of what he
would prove, and on which he would ask
for verdict of acquittal. ErriDgton,
said counsel, was in no sense OF the word
q ''masher," but young man of good
habits, industrious and kind-hearted,
who had always borne good reputation.
His family stands high in Napa. and En-
rington has always been favorably
thought Of where he was known. His
relations with Mrs. Jones had always
been proper, and it could never be shown
he do Iya
to her. Errington;did not wish to go
with Mrs. Jones on the night of the
shooting, but che assured him that it
was all right The defense would show
that Errington was not anticipating
Trouble with Jones. but that when the
self defense.
Tue first witnesses for the defense were
DR.. E. J.Hadtield and George r. Harper,
but their testimony was unimportant.
The latter had gone to the undertaking
esta bllshment of Sharp & Samson, and
looked through the window from the
same position IN which Mr.. sharp testi-
fed that he was when he saw the shoot
ing. Harper did not think that a man
could see more than twelve or fourteen
feet from that position, whereas Mr..
Sharp had seen the shooting, which was
distant at least fifty feet, the object, of
course, being to impeach Mr.. Sharp's
testimony.
Miss Anna Anderson, q rather delicate
looking, sharp-featured young woman,
who wore glasses, was the next witness.
Miss Anderson, it appears, made a state
ment to the police shortly after the
shooting, IN which she said that she had
never heard Jones make threat against
anyone. Now, however, she swears that
she overheard Jones say to his wife, at
their room, on the day before the shoot
ing, that he (Jones) would shoot Erring-
ton on sight.
Miss Anderson was trying to explain
her contradictory statements when the
noon hour arrived, and when recess
was taken she was asked by counsel for
the defense 10 remain in the court room.
When court met for the afternoon ses-
sion Miss Anderson again took the stand.
She finally took refuge behind the excuse
that she had never read the staten ent
which she had signed, and really did not
know what it contained.
There was little tiff between counsel
as to what took place at the noon recess
between the witness and defendant S
counsel, but this was satisfactorily ex-
planned by Mr.. Spencer, and then the
tinued. She was firm, however, and
after Deputy District Attorney Notion as
had announced that he would peach
the testimony of the witness she was al
10 we'd to stand aside.
While Miss Anderson was on the stand
Miss Gertrude Bacon was led into the
court room. The young woman had been
brought over from the county hospital,
where she has been very sick for some
weeks, and was so weak that she had to
be assisted by two men to the witness
stand. In giving, her testimony her voice
was so weak that all her answers had to
be reads by the reporter IN order that
they might be heard by the judge and
jury.
mi Mrc 70 in
PRODUCTION having taken place at the foot
Of the Salvation Army steps. She was
also acquainted with Jones. and had
known him for some months. She had
seen Jones at her residence and also at a
house on Clay tsreet where she was TAX
ing care OF sick woman. She had heard
Jones make threats against Errington,
and on one occasion he had said that he
"would kill that - on sight, She
had never told Errington OF these threats.
So Tar as she knew, Errington never
forced his attentions on Mrs. Jones; il
was all ON her side.
On cross-examination Miss Bacon de-
MED that she was ever engaged to be ms
ried to Burlington, but admitted that she
thought "a great deal of him and ever
now had an affectionate feeling for him.
Jones had told.her that Errington was
going to the theater that night with his
wife, and that ne would kill them OIL
sight,
At this point Messrs. Spencer and Nc.
Comas became involved in wordy war,
which was cut short by the deputy dis
trict attorney stating that he did MOI
wish Ito unnecessarily harrass the wit
ness, and she was excused being led from
the court room by two men.
E. s. Kincaid testified that Jones bad
called on Miss Bacon, who was attending
his wife. three times. Jones was very
much excited on these occasions, and be
once overheard him say: "Well, this has
gone far enough; I intend to watch them
and follow them; 1 will have sottle-
ment.
DR.. Montgomery, who made the post
mortem examination of the body Of
Jones, was called, and detailed the ma
ture of the wound that caused death.
Coroner Campbell was called, but failed
TO respond, and then N. Fisher was ex.
amined as to the window in the under
taking establishment and the distance
one could see up the street from the
place where Mr.. Sharp stood. Mr.. Fisher
Started in to make q diagram, but II
o0uld not be said that he made success
OF il, and, after some desultory talk. be
was Withdrawn, and W. K. Holloway, {
photographer. took the stand. Mr.. Hol
loway had made some photographs O
She undertaking establishment, and also
some m cas- urements, and, after testifyinf
& some length, he was Withdrawn ant
witness Fisher was sent down to the un