The herald., 1896-03-05
GENT|L|TY OF NO AVAIL
James Marshall Found Guilty of
Burglary
HE TOOK THE WHOLE BAKERY
Testimony Today in the City's Suit to
Condemn
II. Ingalls, Declares Himself "0entieman'
While Throwing Away Chisel-A
Heavy Damage S.it

James Marshall, the gentlemanly burg
lar of irreproachable appearance, but more
than doubtful morals,is going" ITO do time,"
to use the vernacular of his class. 1t took
the jury just twenty minutes yesterday to
arrive at the conclusion that the young
fellow with the flowing ebon locks, the glib
tongue and the dramatic manner, ought to
20 into retreat for silent meditation and
accordingly verdict OF burglary in the
second degree was returned.
When Marshall resumed his seat on the
witness stand Yesterday morning MIR. Davis
proceeded with the redirect examination
and ELECTED much interesting information
regarding mythical Mr.. Allen, whom he
met once and has not since seen. The
defendant claims that Allen invited him
in his room to confer on business, and told
him if he did not happen to be in to sit
down and make himself at home. Having
esconced himself in what he thought was
Aliens room he proceeded to comply with
Aliens second request that he make HIM
self at home by looting the place of its val
uables. But while confessing to having
taken the jewelry from Mrs. Rowan's
rooms, Marshall has been earnest in his
contention that he did not enter the house
with any intent to commit burglary, but
having entered under the belief that the
rooms were those occupied by Mr.. Allen,
he was overcome by temptation and ap-
propriated the two watches and the chain
Is accused.
When MIR. Davis had concluded his ex-
animation the district attorney proceeded
to put a few very pertinent questions to
Marshall anent his having been sent to a
reformatory institution in Colorado.
"Do you remember the ju5ge that sem
fenced you in Colorado?' inquired Major
Donnel!.
'No, sir, do not just now," hesitatingly
answered the defendant.
"Was il Judge Rising?"
mo, SIR"
ibid you have counsel?"
"Yes, sir, but don't remember"
WAS it J; N. Stephens?''
mo. SIR"
Defendant finally owned up to having
been defended by Mr.. Caypless of the firm
of Caypless & Fisher.
"You say you were sentenced to the re-
formatory?" resumed the district attor-
ney.
mo, sir" corrected the defendant, 81
was MOTTO the penitentiary. but there was
a recommendation of the jury, or some-
thing, that l be sent to the reformatory.
That institution was full and was kept at
the penitentiary until a vacancy occurred
At the reformatory."
ibid you ring the bell at s2s South
Hope street?"
"No sir; the door was open. Allen had
told me his rooms were the front ones up
stairs.''
.'How long we're you waiting there before
taking the watches?"
"AbOut seven or eight minutes"
That was all, but as Marshal! stepped
down from the witness stand he faced the
Jury and said:
s'Gentlemen, what I have said on the
stand is the truth, whether it is for OF
against me-"
AS the verdict showed later the jury
failed to appreciate the remark.
Mrs. Rogers, now living on Wall street,
but ut the time of the burglary at 3111a
Boyd street, testified that while Marshall
did not live there he visited the house fre-
quently. A man came to the house ped
ding flea powder and had a conversation
with Marshall, portion of which she
heard. The conversation related to Allen
taking the agency for a hair tonic manu-
the mans name-asked the defendant to
call upon him.
In response to the question of the dis
trict attorney witness said she had had q
few moments conversation with Marshall
before court convened, but not about what
she was to testify to.
VAre you q relative of the defendant?''
next inquired the district attorney.
"No, sir,o was the answer somewhat re-
Iuctantly given.
Are you not his mother.in-law?"
mot now."
"Ah, you were?"
"Yes, sir; four years ago."
"Did you ever live in Denver?"
~ lived there in 1891"
"Did you not then know him as George
Huriey?'
"Yes, sir" the witness slowly made an.
wer."
"Did you ever know him as Marshall?''
"Never until here in Los Angeles"
''As a matter of fact, don't you know his
real name to be Marshall, and haven't you
known that for eight years."
The question was objected to, and also
the one that followed, as to why witness
was not still the mother-in-law of the de-
fendaut. 1t developed, however, that after
Marshall was convicted of burglary in Col
orado his wife obtained divorce from him
and has since married q man in Portland,
Ore.
The district attorney attempted to offer
in evidence the record of the defendant's q
conviction in Colorado over the objections
of opposing counsel, but owing to the doc
ument lacking proper certitication the
offer was withdrawn.
Mr.. Davis opened the argument in behalf
of his client and grew eloquent as he at
tempted to persuade the jury that his
client was innocent of burglary. Coun-
Gil. indeed, had some hesi:ancy about
conceding that he was guilty even of grand
larceny, for he referred to kleptomania
being recognized in medical jurisprudence
as a veritable fact. At the very worst he
pictured his client as one trying to live
down the one blot on his character and
honestly striving to make an honest liveli.
h<><~1 4
tempted him from the path of rectitude.
Major Donnell, in his closing argument
summed the case up briefly but effectively
and the jury retired at quarter to II.
Five minutes after the noon hour q verdict
of guilty, as already stated, was returned.
The time tor sentence was continued,
AN0THPp GPNrI pMAM