The herald., 1896-12-16

Tender saloon at San Diego, told how he
had seen Mccarthy on some day be.
tween the 10th and 18th Of the month
In company, they visited three saloons
during the evening during the couple Of
hours they were together.
M'CARTY'S OWN STORY.
| Here ended the effort to prove an alibi
| for the defendant, although most Of the
| witnesses, while certain they had seen
him on Saturday night, failed to re-
member the date. McCarty in taking
the stand in his own defense spoke easily
but did not tell story calculated to con-
vince one of his absolute innocence. In
| part it was as follows:
| Il am the defendant in this case. l
am "a years old and for nine months past
| l have been canvassing. I know Fred
Jones and first met him in his saloon, liz
| Commercial street. The first time cas-
ually got into conversation and he asked
| me to call again and 1 did so. had got
out of work by that time and he made
| the proposition to enter his employ. !
accepted and opened up in the morning
| and tended bar till about 10 or II. 1 be-
| gan work for him about January and
worked steadily till April. After that 1
| worked for him off and on. but ased al
| together about the middle of August
| He went out of business in June, and
until about the 1st 1 occasionally took a
watch for him. On Saturday the 18th,
l went to San Diego and saw the several
witnesses there that have testified to-
day. did not see any of these witnesses
during either May or June at San Di-
ego"
Witness denied in toto having had a
conversation with Jones at his house or
elsewhere, when he proposed a scheme
to rob the National bank. Furthermore,
fa;v t.a6 to- sv,o
ing the tunnel was never in it and knows
nothing regarding it. The jackscrew
and other toSls that Uttered the court
room the witness professed to know
nothing of. with certain exceptions.
Il ordered an iron wedge" resumed
he, land I went to the blacks mith's shop
and got it at the direct instigation of
Jones. He was with me when 1 got it
and he paid for it. He said he wanted 1t
to split wood and remarked, that's the
way wood was split in British Columbia
When the witness Langdon said he saw
me pass out of the saloon on June 18th
with something wrapped up in gunny
sack he was mistaken, for I was not in
the city. There was no conversation be-
tween Jones and myself or any other
men, on that date named as to each of
us skipping out and each one looking out
for himself 1 roomed with Mr.. Rigby
and when I left the saloon I always
cleaned up, but when he said he saw me
on one or two occasions with soiled
clothes it could hardly have been with
work of that kind; it might. however.
have resulted from working in the gar
den that Jones and tended.
IT did not enter the vault or help any
one else to enter the vault of the First
National bank on the 18th of June, for
was not in the city, and know nothing
whatever about it."
Under cross-examination witness de-
MED that he ever went into the basement
at ALL for the beer kegs We're not slowed
there. He did not see the trap door that
led to the basement nor the small wood
en- room built over it to prevent people
seeing it.
Under cross-examination the defend
ant was very wary and non-committal
in his answers.
What is your business. Mr. McCarty?"
began Deputy District Attorney McCo-
mas.
II have followed the sea. but am
boiler maker by profession"
And you know how to make tools,
and are good as a draughtsman, aren't
you?"
mo. sir, I'm not"
what pay did Jones give you for
tending bar?"
He gave me $3.50 day and found"
when did you leave this city,
about the 18th or 18th of June"
Where did you go to? You didn't IA
vor this city any more with your pres
ence until brought back. did you?"
Il went to San Francisco"
'That house where you and Jones
tended the garden, whose was it?"
ut was mine"
What was the number on Twenty
third street,"
II didn't know that it had number"
Did you sleep there?"
mo, SIR
And you were keeping an empty
house?"
TT was not empty; 1t was partially
furnished 1t was to let"
What were you keeping it for?"
ITO let and make money"
"Who did you rent it from?"
"It was rented from-it's a German
name, don't remember it-he lives on
Twenty-third street"
Didn't you and Jones go out there
to consult on your plans with regard
to the tunnel?"
NO. sir. The fact was Jones thought
I had money and wanted me to go into
partnership in the saloon"
"And you didn't have the money!"
"Yes, sir, did. I always had money"
This ended the examination of the de-
fendant, and the defense announced
their case as closed.
The arguments occupied in all only
about an hour and half and the court
having instructed the jury they retired
returning into court with the verdict of
guilty as already stated.