The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-03
Judge Wood Makes an Important
:; = Ruling.
BECKER ON TRIAL FOR MURDER
Constable OuinIan of Fruitvale VIC
torious in New Year.
-: Fight.

-
S120O 10 the trumpet medium" Mes.
Mary Smith, and her husband, George
Smith. was broken by the jury yesterday
in Judge Ogden's court.
The contestants were Rachel Neal, a
sister. Of Mrs. Lemon, and DR.. Je1feries.
nephew
The verdict was a surprise. because the
court had made a ruling on the issues pre-
scented favorable to proponents. and 1t was
not thought that, therefore. the verdict
would be otherwise than favorable TO the
Smiths.
The contestants agreed that they had
right to go before the jury on the issues OF
unSoundness of mind ana undue influence.
The latter, judge Ogden ruled, there was
net sufficient evidence TO sustain, ana
then the argument Of the case was Degun
on the insanity question.
The sid of contestants was opened by
LAWYER Iappau who was followed by
Judge Nusbaumer for the trumpet
medium; He III turn was followed by A.
s. Hall. ana A. A. Moore closed for pro
ponents. Judge Campbell closed The case
for the other side, and the court read the
distractions, which we're lenEthy, hut
again impressed the jurymen with the point
that they must not consider undue influence Ia
arriving at verdict
The only questions they were TO answer
we've:
Was Mrs. Lemon sane or insane ar the time
she executed the will?
To this the jury answered No"
IaboriBg under an insane delusion at the time
she made her Will, and, If so, ala that aHect
her test mentary act?
ten TO Two, answered Yes" They considered
The two questions for nearly an hour.
The verdict is regarded as a peculiar one
among attorneys and the attorneys Tor the pro-
penent are of the opinion that IL caunOt stand
and on Friday next VIII argue for its setting
aside.
MIR. and Mrs. Smith were seen last night in
their rooms at the Huff House aud were very
much surprised at the outcome OF Tue case.
They said it was the most peculiar way OF de-
Gliding the case and their lawyers hau toiu
them that it could not possibly STAND.
When asked If be was ready TO give up Inc
fight Mr. Smith said:
mo. iii fight it, to the bitter end and just
as long as l have money TO keep IL in the
courts. No. sir; Pm not ready 10 give up The
fight at this stage of the game"
Mrs Smith said: 81 never in any manner at
tempted to influence Mrs. Lemon, and did not
know That she was going 10 a5ea me any p PROD
erIy. There were many things L might nave
stated ON The witness stand regarding the
feeling Of mother (Mrs. Lemon) for trer
sister, for ! know that Mrs Neal has never
treated her in a Sstsrly manner, but dld not
want TO say anything that might bring me
newspaper notorieJy."
When asked about the claim Of Mrs. Kane.
the alleged daughter of Mrs. Lemon, that Mrs.
Neal was not a sister of Mrs. Lemon, Mrs.
Smith SAID:
.She was her sister, ] have the whole fam
lily record. 1t is also true that Mrs. Lemon had
brothers. despite the evidence OF Mrs. Neal 10
the contrary. The trouble with Mrs. Neal Is
that she knew very little OF the FAMILY history
because she left home at Il, and II tile facts
were known il would be found that she should
be the last one 10 tell such stories or Mrs.
Lemons habits and life
Tie Smiths feel very bitter over the whole
affair, and no doubt propose TO make a stormy
fight Tor The property OF Mrs. Lemon.
No More Jury Trials.
Vlolators of the city ordinances were given a
genuine surprise yesterday morning by Judge
Wood of the Police Court. 1t has been ems
tOnary for them to demand jury trial and
then the case would be set about SIX months
ahead. When il came 20 Trial one or the other
of the attorneys would be busy and three
months continuation wond be asked. By this
means year would ship by before the trial
would be had, and as consequence many of
the witnesses would disappear ana others
would be unable 10 remember every detail OF
the occurrence. Then the jury would acquit.
& When the case OF Herman Kohler, charged
with violating an ordinance IN keeping his sa-
loon open after II O'Clock midnight, Was called
he pleaded not guilty and asked for jury trial
through his attorney, I. +. Clarity. TO his as
punishment the Judge refused the request and
said that the defendant would have 10 stand
trial before the court.
IN speaking OF the IuIlHR lie Sdlu. y DdSb
this action on the provisions of the Whitney
act passed by the State Legislature In 1885.
That statute provides for the establishment of
Police courts IN cities Of from 10000 TO 1OO.-
only 10 the city of Oakland and the
city OF Los Angeles. Tine supreme Court
may Overrule me, but l don't care If Ii does. j
am going TO try to stop some OF TINS expense
mat the city is obliged 10 stand. l have corre-
Sponded with the Police Judge OF Los Angeles
on this point, and he declares that he has not
granted jury trial in an ordinance violation
case for six years. and when an appeal has been
taken 10 The Superior Court, the Whitney act
had always been held TO be valid. and his ruling
III refusing jury indOrsed.'
After setting forth that Police courts have
jurisdiction over various petty otfenses, includ-
Ing the violation OF city ordinances, the act goes
on IN the following language: And in SUCH OF
The cases enumerated In this section 10 which
trial by jury is not secured by the constitution
OF the State. he 0he Police judge may proceed
20 Judgment IN the first instance without jury;
but on appeal the defendant shall be entitled 70
trial by jury In the Superior Court"
Charged With Murder.
The trial of Charles Becker who is charged
with the murder OF Clinton A. Edison, I'm Ala
media last May. was begun before Judge Greene
yesterday morning. All of the day was occu-
Thomas Bradley are the attorneys for the de-
PENDANT, while District Attorney Charles Shook
is prosecuting for the people.
=: Edison has been in Jail since the deed was
done. and seems TO have no friends. He has
never made statement as TO why be dld the
deed The evidence for the people IS well
known. Benson had been an employee of
EdSon. at the Terrace Baths for many years
in an. inferior position. He claimed that Ed
son. owed him large amount. They mad dis
pute and Becker was discharged. EdsOn said
at the time that Becker had been drinking
Heavily and became unfit foe his duties. One
day Becker was walking down Webster street.
In Alameda. when he met Edison. A few words
passed Then Becker. it Is claimed. drew q
revolver and began TO shoot. Edison was struck
in The heart and dropped dead.
- The. Constable the Victor.
:: Constable j. NJ. Quinlan OF the Fruitvale Dis
trict has made himself obnoxious 70 evil-dOers.
and on New Year night flye able bodied Young
fellows took IL into their heads TO do him up'
for fancied wrongs. They hunted him up and
waded into him, Qninlan fought shy of trouble
/, as long as he could and then assumed the
offensive, aud shortly one OF the gang, Ben
Harris, had handouts on aud was bundled
aboard "A San LeandTo car and brought into
Oakland. The rest OF the crowd scattered q, eX-
coping brother of Harris. who came down to
Oakland endeavoTing on the way TO get
the plucky- constable TO; take the handouts
from his brothers. wrists. 1t would not do
however and the, constable marched the
brother 10 the County jail, where he was com:
PEELED TO; stay until ! a. NJ. yesterday, when an
:order:cam down from Justice La Rue to turn
Harris loose.
:. Constable Quinlan is determined to push the
matter, however. and says he will swear out
warrants for the arrest OF; the rest OF the gang
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