The San Francisco call., 1896-01-03

lloyd am here to try the case as it is
proper 10 Try 1t in a court OF law. The ques-
lion 10 be decided is, "WaS there extortion or
notT would rather nave the rules of evi-
dence apply and not make this court smut
machine. so far as my motion for a continu-
ance is concerned, l only want time to get
this witness here and so try the case together
and compactly.
The court-The defendant is entitled to a
speedy nearing, and SO far as the trial of the
case Is concerned, under the rules of evidence
IS Inc only safe way to try the case. All other
matters not legal testimony, will be strictly
ruled out of the case. / don't think will
continue the case until tomorrow. The case
can go over until o'clock this evening.
Gallagher-We object to any continuance at
al; AL W. desire TO be just as fair as we can.
When they have exhausted their other wit
nesses they shall have Mrs Tunnel
The COURT don't think it unreasonable to
grant them few hours
Gallagher-I wish to impress upon the court
that the defendant is now in jail and has no
rlch people in connection with her side OF the
case 10 help her along.
The court want to do things in an ORDERLY
ana decent manner. [ don't think it unrea-
Sonabie 10 have the case go over till z O'clock.
III Is so ordered. Another courtroom will be
secured, so as 10 get ont of this crowded and
mlcrobe-lnfected place. All the witnesses in
the case Will be here at that time without fur
ther notice.
When, shortly after P. NJ, Judge Camp
oell called for order, the courtroom of
Judge Joachimsen was closely packed with
IDENTIFY members of a church, though there
vas slight sprinkGng of the better ele-
ment present.
Attorney Gallagher opened the proceed
lngs IN somewhat unexpected and sensa-
uonal manner, as follows:
Gallagher-Before we proceed would like to
ask your Honor if you have had any converse
tlon to-day with any OF the detectives regard
ing the case?
The eourt-Why do you ask?
Gallagher-I would like to know because the
interests OF my client are at stake and | deem
1t necessary to be informed on this point. |
want TO know if your Honor has had any con-
yersatlou with Captain Lees OF the detective
force or any other OF the detectives about this
case. mean to-day.
The court refuse to answer That is none
OF your business
Gallagher-Itis is my business
The court want no show made of this case
Galiagher-I have no intention to make any
show
The court-Go ahead with the case.
etallagher-l am waiting to find out if my
witnesses are here.
Some little discussion ensued as to the
advisabilitv of delaying proceedings, owing
to the absense of witnesses. II was finally
decided to wait. Attorney Gallagher re-
turned to the attack by addressing the
court as follows:
| desire to have your Honor sworn and to
then state as TO whether or not you have had
any conversation with the detectives. / think
there is conspiracy to wnitewash this
preacher at the expense of this defendant
The court refuse to comply with your re-
quest
Gallagher-The reason 1 ask
The COURT don't want any reasons. 1 don't
want the matter discussed
Discussion was resumed on the matter
OF waiting for witnesses, and the court
finally decided to go on with the case.
After Attorney Gallagher had called for
Mr.. and Mrs. Thurston, two of the wit
nesses for the defendant, he said:
Your Honor will observe that all the sub
penas have been served by the police and that
the subpenas are not served for the defense as
promptly as for the prosecution | am salts
ned to go on with the witnesses for the prose
cution and the defense as far as we can.
Hoyd-f your Honor please, when to-day
asked for a continuance the defense objected
and counsel said he was ready and now they
claim they are not ready. l want to try the
case as whole and not by plecemeal.
Gallagher stated we were ready and that
we also had witnesses in Oakland who had not
then appeared, but ! expected them here to-
night. Since the court adjourned 1 have asked
to have these witnesses subpenaed, but they are
not here.
In reply to the courts inquiry Detective
Seymour said no return had yet been
made by the officer to whom the subpenas
were given to serve. Attorney Gallagher
demanded continuance, stating that he |
also expected Mrs. NJ. A Stockton to be |
present, but that she was not. The court |
ordered the case to GO on.
Call your witness in the case. Mr., |
Lloyd, he quickly added.
Lloyd-Dr Brown, take the stand
Gallagher-We want all the other witnesses
and the officers who had taken part in the case, |
including Detective Seymour, excluded.
Attorney Lloyd objected to Sevmour's |
exclusion and the court sustained the OBJ
lection and instructed the other officers
and witnesses to retire. remarking that !
any one who remained would be punished |
for contempt of court, l
Lloyd-Dr Brown, on the 21st of November. !
lS93, were you in the City and County of San
francisco?
DR.. Brownies sir.
What position did you hold?
| pastor OF the First CONGREGATIONAL
Church, located at Post and Mason streets.
Have you an office in the church?
Yes, sir.
On the evening of November 2I were yo, in
the office OF the church?
Yes, sir
At what hour?
Eight o'clock.
Did anybody call on you?
Yes, sir
Who?
Did you in that Office on that occasion have
any conversation with the defendant, and if SO
what was the conversation?
She had bag in her hand from which she
took paper which purported to be
Gallagher-We object 10 witness stating what
The paper purported to be.
The court-Objection sustained.
Lloyd-Just as far as you know from what
she told you or read to you state what the con
tents OF it was.
Attorney Gallagher made an objection
to the counsel for the prosecution leading
the witness, as he charged was being done,
and in the course of the brief argument he
said:
/ do not want witness to have suggested to
him what took place at the full-dresS rehearsal
Vt the church with Captain Lees as part OF the
plan TO whitewssh the preacher.
The COURT don't want to hear these insin-
Nations any more. Go on, Mr.. Lloyd.
Lloyd-Didn't she procure paper?
Brown-She stated the purport and explained
he paper.
State what she said to you
She said she the agent for q certain
woman, whose name she refused to give and
he location of whose h ouse she refused to |
;ive. This woman claimed to be a lodging |
house keeper and that she and another lady |
lad seen me enter certain house with a lady |
Ny memory IS very explicit that she refused to |
1--WE the name OF the lazy. She referred to her
Is q certain woman or lady. She refused to
ell where the lodging-house was. She sac
his lady had seen certain lady and
myself enter that lodging-house that |
in our demeanor had excited her