The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-11-13

for the crime.
| District Attorney Ryan asked Mr..
Jest if the man he saw near the store
was in the courtroom. The witness re-
| piled that he was, and pointed to Kova-
| lev.
Mr. Ryan instructed him to leave the
stand and put his hand on the man.
| The witness went over. placed his hand
on Kovalev, and said: This is the man
| saw
The stranger was a hard-lOoklnS
character, said the witness, and seemed
out of place there
On cross examination the witness
| said he never saw the man before that
time. The stranger wore an old-fash-
| Toned double breasted overcoat, and
| had on his head a peculiar hat or cap.
Mr.. Anderson asked Mr.. Jost il he
was positive that Kovalev is the same
man he saw near the store on the night
| of the Doth of December, and Jost re-
! piled that to the best of his knowledge
! he is the same man.
JOST IS POSITIVE.
Mr. Anderson said the answer was
not satisfactory to him. He asked the
witness if the latter knew KoValeV to
he the same man.
Mr. Jost replied that he was positive
| in his declaration. He would swear that
he saw Kovalev near the store the night
before the discovery of the bodies. The
appearance of the man made an i'm
preston on his mind He could not see
how he could be mistaken.
| Mr. Anderson asked the witness why
| he did not tell the District Attorney or
the incident at the time Shy Rec" was
examined for the crime before Justice
| OF the Peace Henry, and when the
! SprOut brothers were arrested on sus-
picion of having had a hand in the muir
| der.
The witness replied that he did not
know anything about the examination
of Shy Red"
Mr.. Anderson thought it unusual that
Mr.. Jost should not have known any
thing about the examination, since it
had been published in the newspapers
far and wide, also the arrest Of the
Sprouts.
Mr.. Jost replied that he had seen the
pictures of the Sprouts and the man ar
rested for Shy Red" He had seen the
latter in Jail Neither of them was the
man he saw near the grocery store. He
afterWard saw the pictures of KoValev,
Zakrewski and Nitikin in a San Fran
cisco newspaper, and recognized that of
KOvalev Immediately upon seeing it.
He took the newspaper to A. A. Jost
and Luther 7. Weber and told them that
the picture of the defendant was a cor
rect likeness of the stranger he had
seen near the store. He said,
BOYS. HERE'S THE MANI"
Mr.. Anderson asked the witness if he
knew George Nelson, q painter, who was
convicted Of highway robbery on the
Haggin Grant some years ago, and for
which he was sentenced to thirteen
years imprisonment in the State Prison,
Mr. Jost replied that he did not think
he knew Nelson.
ct will be remembered that Nelson
was a victim of mistaken identity and
the real perpetrators of that particular
crime We're the notorious Chinn and
Dorsey. After serving a couple of years
in prison Nelson was pardoned)
KOvalev, the witness said, looked diff
fcrent now from what he did at the
preliminary examination.
FINDING WEBER'S WATCH.
j. NJ. Brodt, policeman of San Fran
cisco. testified that on the ID of Janu-
airy, between o'clock and 6 o'clock in
the afternoon, in closet in the old city
prison, he saw glittering object in
the sawdust on the floor. He picked it
up and found it to be a watch and
chain He gave the articles to o. H.
Knight, the officer in charge of the
prison at that time.
officer Knight testified to having read
about the missing articles, and he made
further search in the closet and
1t had Mrs. Weber's initials on it.
AN IMPORTANT LINK
Officer Thomas H Bolen identified a
copy of the prison register, which had
been certified to by the County Clerk,
and in which appears the names of
John Dubroff and George Petelon,
WHO wCra arrested by Policeman
John Niece, the latter for grand lar
ceny and the former forbeing drunk,
but more particularly for the purpose
Of being detained as witnesses against
Petelon.
Policeman John NJ MCGEE of San
Francisco testified that on the night of
the LIST of January a man reported 70
Sergeant Whitman that a robbery was
going on in a saloon on Sacramento
street He was detailed on the case
and arrested two Russians, who gave
their names as John Dubroff and George
PetelOn Dubroff is the man now on
trial He told MCGEE that PetelOn had
robbed him. A soldier named Holland
was also in the saloon. All three We're
taken to Jail. Dubroff had two $40
pieces on him, beside a few dollars in
silver Police Judge Campbell dis.
missed the case against PetelOn.
KOVALEV'S STATEMENT.
Andrew Glover. the interpreter for
the San Francisco Police Courts, testi-
fed to a conversation he had with
Kovalev in Captain Lees office in the
presence of Lees, Stevens (the informef),
Petelon and others. Kovalev was
asked where he was in November and
December. 1894.
Mr. Anderson objected to Glover re-
lating anything Kovalev said under
those circumstances. The defendant,
he said, at the time the interview was
going on was surrounded by his enc
mics, was alone and friendless and was
piled with questions by those who were
seeking his ruin, and if he made a
statement it was involuntary. A state
ment forced from defendant under those
circumstances was an absurdity and an
outrage, declared the attorney. He IN
sisted that his client should be pro-
tected from unfair treatment at the
hands Of the prosecution.
Judge Johnson asked Mr.. Anderson if
ne meant by his remarks that the state
ment taken in Captain Lees office
should not be permitted to be intro
duced in evidence.
Mr.. Anderson replied that was vhat
he meant, and the court asked him if he
could produce any authorities to bear
out his contention.
Counsel replied that he could produce
thousands of them. In this case he said
he did not need any.
Judge Johnson said there was nothing
iefore the court tending to show that
the statement made by Kovalev was in
voluntary.
District Attorney Ryan said state
ment was always admissible. even if
made in the presence of officers. He
denied that the officers sought to entrap
Kovalev during the interview, as was
intimated by Mr.. Anderson. The Su-
preme Court had held that statement
made in the presence of officers is adj
mssable unless it was procured through
an inducement made to the defendant