The record-union., 1895-11-12

was not taken from the premises. Part
OF the satin lining of the suspenders
had been torn off, but they were never
theless identified by Mrs. Beesley, the
murdered mans daughter. She had
made them for her father.
Kovalev said he was never in Sacra-
mento. Arnold Levin, who is detained
as a witness in the County Jail, says he
was with KovaleV in the city before
the murder, declared the District At.or-
ney. A pair of trousers found in the
| barrel back of the premises were iden-
! tilted by Levin and a man named Davis,
! for whom koyalev had worked in san
| Francisco as the ones KoValeV had
worn in San Francisco before he left for
| Sacramento.
The District Attorney called atten-
ton to the confession Kovalev made to
Vlodislaw Zakrewski how he and
Mathuski Stcherbakov committed the
murder. The latter was killed in San
Jose on the 18th of last March by a
groceryman named Dowdigan while at
tempting to rob the latter.
Mr.. Anderson moved that all refer
ence in the District Attorneys state
ment to Stcherbakov be stricken OUT.
Mr.. Ryan contended that Stcherha-
kov had participated in the crime, and
therefore any reference to him in the
case at issue was proper.
! Judge Johnson said he could see moth :
ing improper in that part of the state
ment.
Mr. Ryan stated that Kovalev lad
admitted to Sheriff Reese and
Jailer Beckley that his confession to
! Stcherbakov was true.
! Mr. Hart interposed a vigorous eX-
ception to these remarks of the Dis
| trict Attorney on the ground that they
assumed that evidence in the case was
! before the jury, that they were imma te-
rial, irrelevant and incompetent and ar
gumentive, and that Kovalev's comics
sion was not voluntarily made.
Mr. Ryan then concluded his opening
statement to the jury.
Coroner George H. Clark was the first
witness for the prosecution. He testi
! fed to having been informed of the trag-
edy and having made the necessary
! investigation required of him as the
| Coroner of the county.
! Dr.. L. w. Reith of the County Hos
pital testified to having assisted at the
autOpsieS held on the bodies of Mr. and
Mrs. Weber After Dr. Reith left the
stand, temporarily, District Attorney
Ryan said he was satisfied he had the
! right to refer TO the murder of Mrs
| Weber in the case at issue. He cited in
| support of his contention the case of
| the People VS.. Smith, 106th Cal. Reports
! page 10.
| a recess was then taken until 100
| o'clock.
AFTERNOON PROCEEDINGS.
| When court recOnvened in the after
noon the Court Reporter was instructed
to transcribe the testimony at the end of
each day of the trial
| DIR. Reith then took the stand and
! finished his testimony concerning the
aUtopsies.
/ A. A. Jost, who was Weber's partner.
testified that he last saw the de-
/ ceased alive abut 800 o'clock on the
night of the 18th of last December. Be
side the clothing and jewelry which had
( been stolen, a sack containing 1914 had
/ also been carried away The money
SAID Mr.. Jost, Weber had taken up-
! stairs with him, as was his custom.
I Inc witness described the appearance
OF the bodies when they were found
and the interior of the rooms in the
residence portion of the building. He
| SAID: They looked as though a hurri-
cane had struck them
W. L. Hamilton testified to having
/ round in barrel in the rear of the store
two linen shirts, a coat on which wa c
the name Of Martin SiegeI of San Fran
4 CISCO the maker; two coats, q pair of
/ poets and a vest, two pair of trousers. q
nat and portion of a suit of under
clothlng. Some of the articles were be-
spattered with blood.
/ Chief of Police Drew testified that he
made thorough examination of the
pace and found bloody finger marks on
a gate leading from the sidewalk to the
rear of the store on the east side of the
building.
Mrs. Lizzie E. Beesley. daughter of
the murdered couple, next took the
stand. She was considerably affected
! by the recalling of the events of
the tragedy, and frequently wept dur
ing her examination. She Identified the
suspenders found on Kovalev at the
time of his arrest and the trousers he
was wearing at the time. The suspend
ers she made for her father, and was
able to identify them by the stitching
! She also identified her mothers watch.
which was found in the Old CITY Jail
/ in San Francisco, and her mothers
ring. which was found in the shed back
of the grocery store.
! District Attorney Ryan introduced
! the articles in evidence, which brought
! forth an objection from the ATTORNEYS
f1r the defense, but it was overruled.
Before Mrs. Beesley concluded her
testimony recess was taken until 10
O'Clock this morning.