The San Francisco call., 1896-01-11
At LIBERTY ONCE MORE,
The Ingleside Suspects Dis
charged From Custody by
Judge Low.
CHEERING IN THE COURTROOM.
A Large Number of Witnesses Called
by the Defense Clear the
Prisoners.

The three boys-for SO they may be
called-Gardner, Middlemiss and WEIGH,
who were accused of the robbery at the
Ingleside track on Christmas day of last
year, are now free. From the beginning
the case OF the prosecution looked weak.
The final proceed ngs in the case took
place in Judge Conlan's courtroom yester-
dav afternoon, Judge Low presiding. The
room was densely crowded, and as the
examination proceeded the crowd grew
larger and the interest more marked.
Policeman Shadric Campbell was the
first witness examined. He repeated in
substance the testimony given by the
other policemen relative to the appre-
hension of the defendants at the Olympic
Salt Water Pumping Companys pier on
the night of Decem ber &C. He sa id Middle
miss did most of the talking when ques-
ton, until told by Gardner to dry up"
Captain Lees testified that he had seen
Gardner and Middlemiss at the pier ou
the night of December 26, and had driven
back TO town with Middlemiss in the same
buggy, Gardner returning in the patrol
wagon. Middlemiss stated TO the captain
that Welch was waiting for him at the San
francisco saloon. He also complained to
the witness that his arrest would be a Sc
we're blow TO his family. On reaching town
the witness questioned Gardner as to his
possible share in the robbery Gardner
said he could prove that he was in the
theater at the time the affair took place
Policeman Crockett stated he had been
detailed on the night of December % to
look for Welch at the San Francisco sa-
loon. He found him there, and told him
Captain Lees wanted him. Welch asked
What does he want me for, the hold-up?'
Mr.. Gesford, in opening the case for the
defense, stated, with considerable fullness.
the facts educed by the testimony, and
said the prosecution had altogether failed
to connect the defendants with the rob-
berry.
Policeman Etoddard was the first wit
ness for the defense. He stated that
shortly before o'clock on the evening of
Christmas day be saw Middlemiss near the
racetrack. The defendant was drunk at
the time and the witness accompanied
him into town. Middlemiss had said the
officers star bore the number Alb. As
fact the officers number is 415 but when
Middlemiss saw 1t the figures were indis-
tinct. Since then, the witness said, the
mum bering had been fixed"
You haven't been fixed yourself, have
you?" quered Judge Low, rather in
cisively.
Claude Hirschler, conductor on the
car by which Middlemiss and Stoddard
are said to have returned to town, said
MIddlemlss was very drunk when he was
helped aboard by the officer. The car
started for town at $50 o'clock in the
afternoon, and the witness last saw Mid
dIemiss getting on an inbound Mission
street car
William Sparkling, an employe at the
racetraCk, testified that he was on the
same car with the officer and Middlemiss,
both of whom he recognized when CON
frOnted by them in court. He rode on the
MlSSl0n- rect with MI6H Hlarpics G for
as bird street. where he helped him out
and lost sight of him.
George Fischer said he was in the San
Francisco saloon at o'clock on Christmas
evening, and remained there about two
hours. About 7:15 Welch entered and
quarter of an hour later Middlemiss came
IN, being very much under the influence of
liquor.
John W. Getz said he had known Mid
dleEslss for some months. He had seen
him on Christmas night at 7:15 o'clock at
the San Francisco saloon. Some men in
the saloon called his attention to Middle
miss by saying, Look at that guy carry
ing his load on one side" Middlemiss
was staggering and seemed to lean very
heavily toward the right side.
The next to occupy the witness-stand
was Joseph Middlemiss, the youthful
member OF the trio found with Gardner
on the Olympic pier. He said he was born
in San Francisco twenty-three years ago
and had never been arrested before.
Shortly after noon on Christmas day he
met Welch at the San Francisco saloon
and, after while, went with him 10 the
races at the Ingleside track, where they
remained until after the last race. The
witness had drunk much more than was
good for him and when he and Welch en-
tered car to return to town the witness
was put off by the conductor. police
man helped him on another car and he re-
turned to the San Francisco saloon, where
he found Welch.
At this stage a recess was taken until
$50 III the evening, when William II.
Wesling, proprietor of the San Francisco
saloon, testified. He said he saw Middle
miss in the saloon about 20 minutes after
clock on Christmas evening.
Charles MnnSon of Eureka said he was
we'll acquainted with Middlemiss and had
seen him at the junction of Fifth and Mar
ket streets about o'clock on Christmas
evening.
Daniel Phillipot said he sat with Gard
ner at the Columbia Theater during the
matinee OF Christmas day. In the even
ing he and Gardner met again and passed
the evening together, with Welch and a
man named Mulvey, parting company
about IL o'clock.
William Fowler, William Tighe, John
Howard and several other witnesses testi-
fed to Gardner's presence in the City on
Christmas day.
Gardner then took the stand and said he
had come from Eureka about two months
ago, and resided with his sister in Ala
media. Pe was never arrested before on
any charge.