The record-union., 1895-11-16

1
endure prison life again.
| When she was asked point blank IL
! anything in the shape of confession
! had been made by Kovalev, she said
| she was not at liberty to tell. She again
| referred to the fact that she would be
in contempt of court if she said any
| thing that would possibly affect the
! minds Of the Jurors. Kovalev, she said
impressed H>r as being man fairly
well educated and possessed of con-
siderable intelligence.
| Concerning the statement that she
| took from him yesterday, and which
took a large part of the day to trans
| late, Mrs. Gordenko said she was not at
liberty to tell what it contained. She
! said she was the only one in the room
with Koyalev at the time of the taking of
the statement and the conversation
were going on, except when occasionally
| one or both of KoYaleVS attorneys
would enter the room They did not
! know what was being said because of
| their Lnfamiliarity with the Russian
! language. She was positive that state
ments purporting to have been made to
J her by Kovalev were inferential and
| unauthorized, as were also the questions
! purporting to have been asked KOvalev
| by her.
Mrs Gordenko went to the County
Jail last evening for the purpose of talk
ing with KOvalev, but he would not
| hold any conversation with her He
would not even come out of his cell to
meet her Mrs. Gordenko, Sheriff
Johnson and Deputy Sheriff Kelly did
| everything in their power in a peaceful
manner to get KoValev to come out, but
| he would not do SO.
She also had a consultation with Dis
| trict Attorney Ryan last night, during
which the latter said he thought Kov-
.l1 ha 10 n =
mistaken, and that on the contrary the
| prisoner was cool.
He told her he would like to have the
| trial over with, and that he was willing
to go to the gallows.
When Mr.. Ryan remarked that it was
cold -blooded, heartless murder, she
| disagreed with him again, saying that
! she thought the prisoner showed, that
! he had heart from the fact that the
| matter was preying upon his mind to
| such an extent. While she would not
admit that Kovalev had made a def
mite, circumstantial confession to her,
Nr Ryan said her words showed that
he had said enough to convince her that
he is guilty.
THE CASE RESUMED.
1t was 11:35 o'clock when Judge
| Johnson opened court. Immediately
after the jury was called E. c. Hart,
| one of defendants attorneys, addressed
| the court as follows:
! IF your honor please, Major Ander-
son and myself had a consultation this
morning, through the interpreter, with
| the defendant, whom we have been
representing in this trial and whom we
are representing now. The proceed
! ings concluded yesterday with the di-
| rect examination of the witness Yak
| reWSfki, and the next in order would be
| his crOss-eXamination. After the con-
sultation we have had with our client,
we have concluded that the croSS-eX-
animation of the witness Zakrewsfki
will consume but a short space Of time.
The questions which we will PROFOUND
to him will be questions bearing upon
points which have suggested them
| selves to our minds since our consulta-
tion with the defendant this morning,
and we desire further consultation be-
! tween ourselves. We desire to discuss
| the matter and come to some under
| standing how we shall proceed There
fore we will ask the court to adjourn to
| the usual hour this afternoon, at which
| time We will be ready to proceed.
The Court do not understand that
they were through with the direct ex-
animation.
District Attorney Ryan-There were
few more questions.
The Court-You had not finished the
ceed with the cross-examination before
| recess.
DENIALS IN OPEN COURT.
The cross examination of Zakrewsfki
| was about to be resumed when w. a.
| Anderson, the other of the defendant s
attorneys, arose and said:
If your honor please before we pro-
| ceed we desire the court to take cogni-
| zance of the fact that there has been a
| hoo on
| that last night the defendant made a
confession to your honor, the District
| Attorney and ourselves. L want to
state that is not true, and the District
Attorney can also confirm that fact
| that it is not true"
District Attorney Ryan, can. SO
far as l am concerned, individually, the
| defendant made no confession to me.
| The Judge-The court concurs in that
| statement, so far as the court is con-
| cerned, in fact the court would not be
| a party to a confession under any cir
! cumstances.
Mir. Anderson-I just merely make
! that statement.
| "he Judge know Of no confession,
| | will state that, so far as the court Is
| concerned. Proceed.
Zakrewsfki's cross ss-examination was
commenced, as follows:
District Attorney Ryan-In your tes-
| timony yesterday, in regard to what
| took place after they went into the
| house-after the defendant said they
went into the Weber house-the inter
prefer made you say in this language
! II at they went monkeying around.
Is that the language you used, or is that
the language the defendant used to you
| when he told you when they went into
| the house?
The interpreter replied that he could
not translate that mOnkeying around.
The witness said that KovaIev told
him that they (meaning the defendant
and Stcherbakov) went in and done
their work" Kovalev said he struck the
old man on the head, and that Weber
uttered a cry as though he was calling
to his wife.
KovaIev told Zakrewsfki that If the
! man who had been watching him in
front of the Weber store had continued
his surveillance of Kovalev longer than
he did he would have stabbed him to
death.
(The man to whom KOvalev referred
was George II. Jost, who testified that
| Kovalev was the man he saw lettering
about the store the night before the
discovery of the bOdy)
Zakrewsfd said Kovalev told him
that he took a small box from the house
TO point about four miles from the city,
where he broke it open. The box con-
! tajned $50. The witness said he never
| saw Stcherbakov after he saw him in
San Jose. He recognized Pickering, the
San Jose policeman, as being the man
| who came to his shop on Folsom street
in San Francisco and there exhibited a
photograph of Stcherbakov after the
latter had been killed in San Jose. Be
sides the witness there were present
| KOvalev, Stevens, Petelon and another
man. None Of them claimed to recognize
the photograph. After Pickering went
away Kovalev told witness the photo
graph was that of Stcherbakov. Wit