The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-21
Witness Dunlap Gives Damaging
Testimony Against the
Defendant.
VERY BADLY TANGLED UP.
He Is Not So Sure in the Cross.
Examination as in the
Direct.

SAN JOSE, CAL, Nov. 20.-At the open
ing of the trial of ex-Superyisor H. Tillot-
son this morning on charge of arson
Judge Lorigan granted the motion of the
defense to strike out certain testimony
given by Sheriff Lyndon as to partial
confession made by the defendant while in
Jail. The Sheriff's testimony was that
Tillotson had told him OF plot on the
part of himself and one Dunlapto burn the
house. The defendant claimed that Dun
lap had proposed and suggested the plan
to him for burning the house, saying that
the insurance was more money than the
property would bring if sold. This was
after the defendant was arrested and while
ne was in Jail. Detective Frost had told
the defendant that it would be best for
him to tell the truth.
In granting the motion to strike out
Judge Lorigan quoted ruling OF the SUI
preme Court which provides that con-
fession made after an officer had told the
defendant it would be best for him TO
confess cannot be admitted against him.
Sheriff Lyndon was recalled and asked
about an alleged fee of $500 which De
tective Frost was said to have been prom
Used in case of the conviction OF the de-
PENDANT. The Sheriff denied that any such
promise had been made.
!. ii. Dunlap was the next witness. lie
SAID that about ten days after the fire Til
lotson came to his house and told him
that he was in trouble, and that he wanted
to make confession. lie said that he had
burned his house. and that at the first at
tempt the fire had failed to go, but the
second attempt was q success The wit
ness said he had no other knowledge about
the fire and never talked to the defendant
about it save the one time. When the
witness was given this confidence he ex-
claimed: my God. Tillotson! don't you
know they will send you up?"
The witness was then turned over to the
defense. He became badly confused and
| contradicted himself repeatedly. He de-
MED that he set fire to the house or that he
threw rock against it to arouse Tillotson.
| Witness denied that he hunted up Detective
| Frost to give Tillotson away, and said be
| met the officer by chance. He confessed that
the property on which he resided was con-
veyed to him by Tillotson and said he had
| had some conversation with defendant
about his financial troubles and possibly
consulted a lawyer with him about them
| He had been friend OF defendant until
| this confession, and after defendant hac
| carried off some spoons, box of tea and
other things when he got angry at him
| He could not bear any other mans crime
he said, and would have felt guilty had ht
not informed on him. The witness became
completely tangled up and the defense ex
/ cured him.
The defense opened its case this after
noon. Justice of the Peace J. S. Yachame
Town Marshal C. W. Bridgewater, II. C.
Peckham, l. NJ. Nistetter and Peter Law.
rentzen, all OF jacksonville, testified thai
Dunlap did not have very good char.
acter when he lived in that place. Thomas
| Sinnott, Thomas Harrison, William Erik
son and others gave Mr.. Tillotson an ex-
cellent reputation for honesty and in
tegrity.
/ The case was continued until tomorrow
at which time it is expected Mr.. Tillotsor
will take the stand.