The record-union., 1895-06-05
TRIAL OF OFFICER RUTHERFORD
For the Shooting of Elmer Schmidt
a Year Ago.
Testimony All In, and Arguments VIII
Be Made Before the Jury
This Morning.

The trial of Police officer William P.
Schmidt on Second street, between l.
and NJ, while the latter was fleeing from
the officer, about year ago, was re-
sumed in the Superior Court yesterday
morning.
The first witness for the defense was
George Z. Jones, who was robbed on
Sixth street, between n and o, on the
the night of the killing. Shortly after he
was robbed he gave officer Rutherford a
description of the robbers and what they
took from him.
Charles t. Cook, John Gallagher, Jo
seph Davis and another youth were af-
terward arrested on suspicion of being
the footpads. They answered fairly well
the description of the men who stood him
up on Sixth street. When he was robbed
one of his despoilers was taller than the
others. When an attempt was made to
identify those who were arrested, which
was after the shooting, the tall young
man was missing.
Captain of Police Anthony Greene testi
fed that the regulations for honesty and
integrity of Joe Davis and Frank Cook,
witnesses for the prosecution and COM
panions OF Schmidt, at the time he was
killed by Officer Rutherford, were bad.
He had heard Schmidt's reputation dis
cussed before the homicide and deemed
1t bad. Witness heard the shot fired from
Rutherford's pistol, but did not know
until Rutherford had told him that the
officer had shot Schmidt.
When Schmidt's body was searched in
the Coroner's office pistol, pawnticket
and other articles were found in the
pockets of deceased.
Captain Greene was asked by the Dis
trict Attorney if he did not know that
Schmidt was Woodworking young
man and that he gave his earnings to his
mother.
This question was objected to by G. L.
Jones, Rutherford's attorney, on the
ground that because Schmidt gave his
mother his earnings that did not show
that deceased's reputation was good. The
biggest scoundrel in the world, said Mr..
Jones, could be honest to his mother and
still be dishonest in his dealings with
others.
Officer James j. Douglas testified that
the regulations of Cook, Gallagher, Davis
and Schmidt was bad. If he had seen
Schmidt before the killing he would have
arrested him on suspicion Of having
hand in the robbery of Jones.
Witness believed that Schmidt would
steal whatever he could lay his hands on.
He had known him q number of years
and knew what he was testifying TO.
Officer Logue's testimony was TO the
effect that Sohmidps reputation was bad,
and that he had associated with thieves,
thugs and the like.
Officer NJ. Fisher testified that the COM
panions of Schmidt-Cook, Gallagher and
Davis-bOre bad regulations. Schmidt
had been arrested once with number OF
other youths for insulting women at
Einhth and X Strpafa WitnQaai
for believing that Schmidts reputation
for dishonesty was bad was because of
the bad company he kept
Officer Talbot testified that Schmidt was
the associate of known thieves and crimi-
nails, some Of whom were serving sem
fences in State Prison. Witness had seen
Schmidt with Joe Sprout and others OF
the same ilk.
officer Bagley's testimony was similar
to that of the other officers.
Officer Higgins testified that Schmidt
associated with thieves and robbers. On
one occasin a young hoodlum confessed
to him that he and Schmidt had robbed a
Chinaman under the Third-street bridge.
Witness had seen Schmidt with Joe
Sprout, and had advised him to stay
away from such persons as Sprout.
Schmidt at one time threatened to do
up'' Officer Fisher, who had arrested him
tor insulting women at Eighth and *
streets.
Officer Rutherford, the defendant, then
took the stand. He testified that on the
night Of the killing George e. Jones re-
ported to him that he had been stood up
on Sixth street, between n and o, and
gave him a description of the robbers.
Witness met four or i've young men on
j street, between Second and Third. He
followed them to Second and NJ streets,
being of the opinion that they knew some
thing of the robbery. They turned out to
be Schmidt, Gallagher, Davis and Cook.
he stopped them, and after informing
them he was an officer and that they were
under arrest, began to search them.
Schmidt ran away, at the same time say
ing: go to hell; I'll see you won't catch
me this time" He commanded Schmidt
TO stop, and said he would shoot him If
he did not. Schmidt did not stop, and the
officer fired.
officer Rutherford said he had not in
tended to shoot Schmidt, and that when
he fired his pistol he had not aimed it at
Schmidt, and did not know that he had
shot him. He fired for the purpose of
intimidating Schmidt into stopping.
Chief of Police Drew testified to
Schmidt having been arrested two or
three times for disturbing the peace.
The defense here closed its side Of the
case, and the prosecution introduced q
number of witnesses in rebuttal. They
testified to the good character of the de-
ceased and to the manner in which he
conducted himself toward his fellow
workmen in the railroad shops.
The trial will be resumed this morning,
when argument viii begin.