The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-04
The Testimony Shows That
Wynne Was Responsible
for the Tragedy.
TWO vERDICTs ARE RENDERED
The Dead Officer Is Found to Have
Lost His Life in the Discharge
of His Duty.

VALLEJO, CAL, Sept. 3.-Dan Wynne,
who shot and killed Officer Frank Toal on
Georgia street early Wednesday morning,
died last night at the home OF his parents.
He began about o'clock to grow weaker
and died at 1925 o'clock.
This morning Coroner Trull summoned
jury of six persons, consisting of Frank
H. Rowland, NJ. D. Neild, W. S. Talbot,
L. D. Egery, ]. F. Courtney and W. n.
Saunders. After viewing the bodies of the
dead men and listening to the testimony
they brought in two verdicts-one, "that
Officer Frank Toal came to his death on
the I'd day of September, 1896, by gun
shot wound inflicted by Dan Wynne" the
other, 'that Dan Wynne came to his death
on the I'd day of September, 1896, by
gunshot wound inflicted by Officer Frank
Toal while in the discharge of his duty"
The evidence adduced at the inquest
varied but little from that published in
THE CALL of yesterday.
Witness j. J. Hurley IN addition to his
testimony re garding Wynne entering a
saloon and creating a disturbance, then
leaving, told how he had received the blow
on the forehead at the hands of Wynne,
| and for what reason he did not know, as
he had not had moments conversation
| with Wynne that night; in fact he had
not spoken half dozen times to him in
his lite, and was under no obligation of
any kind to Wynne. He thought the blow
was intended for another person.
J. w. O Brien, proprietor of the Castle
saloon, told how he stood and argued with
| Wynne after he had hit Hurley, and about
the door being opened by Officer Toal, the
/ jumping out of the door by Wynne, and
| how ne had stood with his hands on the
| shoulders of each man and seen the fire
| fash from ToarE pistol after he had been
shot by Wynne, about the bringing of the
two bodies into his saloon, the death of
the officer and the finding of the revolver
used by Toal, which had fallen from his
hands as he fell on the steps in front of
Panalacgua's fruitstore; how upon ex-
animation he had found three cham bers
emf PITY, showing Toal had fired three shots,
while Wynne's revolver. which had been
picked up by Billy Elias. o Brien's bar
tender, had but one chamber empty,
showing that the only shot fired by Wynne
proved fatal.
William Elias testified regarding the
| visit of Wynne to the saloon, and how he
had attempted to clean out the place {;
| u,
and without word hit Hurley over the
head with the muzzle of the pistol; the
opening of the door by Officer Toal and
the going out of Wynne also his own 60
ing out and catching Wynne in his arms
as he was falling from the effects of the
shot received from ToaPs pistol; how he
| found Wynne's pistol and how, in his
| Judgment, Wynne had fired first from the
sound of the shots, there being four fired
| in all.
Samuel McClintic, bartender in the
| Baltimore saloon on the opposite side of
the street from where the shooting took
place, told a story of a conversation which
| he had had in the early part of the even
| ing with Wynne, who told him he was
sick and taking medicine for dyspepsia
! Then, little later on, how he had talked
with Officer Toal, who had upbraided both
him and Wynne for keeping bad whisky
to sell, and added that if he ran across
WINNIE he would drink no more bad
whisky and take no more hack rides, i'm
plying that he would do him up when he
ran across him.
The evidence of McClintic evidently had
but little weight with the Coroner's Jury,
as 1t looked like good deal of personal
spite displayed.
The evidence of DR.. P. Vallejo was also
taken. He gave in detail the course of
the bullets in the bodies of each of the
men, and also gave practical illustration
of the positions they had been in when
the shots were fired.
The jury then retired and in few mo-
ments rendered their verdicts in accord
ance with The testimony, which was
listened to with close attention by District
Attorney Frank ]. Devlin and others pres
emit.
Officer Toal will be buried tomorrow.
Wynne belongs to the Ancient Order OF
Foresters of America.