The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-26
Z. r. Bennett to Be Tried Again
for Shooting at George
Gray.
PLEADED ONCE IN JEOPARDY.
j. L. Wetmore, the Capitalist, Falls
a Victim to Sunstroke at
Livermore.


Ogden Yesterday set aside the verdict of
the jury which recently found Bennett
guilty of assault to murder, and granted
Bennett new trial.
On the first trial of the case the jury
was informed that it might bring in any
one of five verdicts, including assault with
a deadly weapon, and it promptly found
the ex-secretary guilty of that offense.
The charge was assault to murder.
On that occasion Judge Ogden set the
verdict aside and granted the defendant
new trial on the ground that the case had
been conducted in manner unfair to
Bennett.
The second trial resulted, as stated, in a
verdict of assault TO murder. The ground
on which the second verdict was set aside
was that the conviction of assault with a
deadly weapon on the first trial acquitted
Bennett of the charge of assault to murder.
and that therefore the latest verdict was
placing him in jeopardy for a crime of
which he had been purged. The court,
after hearing the arguments OF counsel,
took their view OF the case and gave judg-
ment in favor of new trial.
- District Attorney Shook who has given
much time and attention to the case is
much dissatisfied with Judge Ogden's &C
ton in the matter and will at once appeal
kowalsky. who was special counsel for the
prosecution, asked that Benefits bail be
raised from $1,000 to $1,000, but the court
thought the former sum sufficient and re-
fused the application.
Bennett is still confined in the County
Jail for want of bonds. Since his second
conviction he has not been able to find
sureties TO guarantee his appearance when
wanted and is performing the duties of
trusty, under Deputy Sheriff White.
Rev. Shaw and Miss Anthony.
Susan Anthony and Anna Shaw lectured
last evening to a crowded house at the
Congregational Church. A large crowd
stood in the aisles and in the hall
way throughout both the addresses.
jority, although the men had been es-
pecially invited to attend. Anna Shaw's
lecture was full OF bright comparisons and
jokes on the men. at times she grew
quite eloquent, and her audience, both
men and women, burst into cheers. She
told how the bad element had power over
the good. She said:
mcnt is on account of its being so well or
ganiZed. The few unorganiZed people cannot
effect their work The good people are good,
terr1fcally good, but good for nothing If YOU
want-Jo be good, you must be good for some
thing.
She went on to argue at length upon the
usual woman suffragist questions, wanting
to know that If liquor and gambling
eminent, why would not women's
votes affect it in an opposite
direction. She told of the good effect of
the women's votes in Wyoming; of how
much more good men and women could
do in united vote, and of woman keep
ing her character spotless and unstained
even if she did get into politics, etc.
FoIey's Elusive Wealth.
James J. Foley. the Oakland pioneer
who died a short time ago, imagined that
he was immensely wealthy, and had i'm
pressed his friends with the same belief.
His estate, upon being given to the widow
by Judge Frick yesterday, was found to
consist of only the old homestead on the
corner of Lincoln and Peralta streets,
West Oakland.
1T is a strange case" said Attorney Nc
Kee. Il have known old man Foley for
years. and 1 always believed he was a
wealthy man. When be came to me to
have his will made out he spoke OF his
mines in Arizona and his bonds. We
thought he had quantity OF United States
bonds put away, as he was very saving
old fellow When we made a search for
the property we could not find a thing
except the homestead to be administered
upon"
stead now is, and city grew up around
him. 1t was thought by all who knew
him that he was worth over 100000. a
thorough search has been made for bonds
and money. but as yet no trace Of any
thing has been found.
Il. wetmore Sunstruck.
IL. Wetmore. the well-known capitalist
of Oakland, is suffering from a severe case
of sunstroke and is in precarious con-
dition.
He was stricken at his country home
near Livermore last Friday afternoon. On
account of his age the very intense heat
was more than he could stand. His life
was despaired of for short time by the
physicians in attendance upon him. At
first they thought that it was mere case
of heat prostration, but upon diagnosis
they found it to be genuine case of sun
stroke.
AS soon as he could be moved Mr.. Wet
more was brought to his home at Pied
mont. where he lies in serious condition.
Because of the patients age and the sever
itv of the case the physicians think that
it will be some time before he will fully re-
cover. Everything is being done that
medical skill can devise TO destroy the eff
fects of the stroke.
Lambert's Defense.
Walter Lambert, who is being tried on a
charge of embezZlement for misapproprl-
ating the funds IN his possession Whlle
acting as clerk of the Police Court, is put
ting M novel defense, which his attor
ney claims is a sure winner. He says
that any money which may be missing is
not the city's, but that of Bailiff sa m
Mitchell.
Ii appears that Lambert and Mitchell
were both in the habit of receiving the
city's money and squaring the account at
the end of the month by giving personal
checks for the balance either way. 1t
appears that Mitchell generally had to
giVs the checks, and Lambert claims that
the bailiff had no right whatever to receive
public money and that the money was
legally his own and that in taking 1t he
was embezzling from Mitchell If from any
one. His attorney will ask for dismissal
of the case on that ground.
A Park for West Oakland.
The people of West Oakland are advocat-
ing public park for that section OF the
CITY. and an organization to be known as
the West Oakland Park Association is be.
ing formed with the avowed object OF
pushing the project through. Councilman
Mott Who lives in West Oakland, is in
favor of the park, and will bring the mat