The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-09
What Were They Doing by
the Olympic Pier at
Ocean Beach !?
STORIES TOLD BY WITNESSES.
Officer Josephs and Clarke, the
Cashier, Are Still Unable to
Appear in Court.

second session of the preliminary examln-
alton into the Ingleside electric car rob-
! berry. Judge Low presided, and at times
| was compelled to rap rather sharply upon
the judicial desk in order to make himself
| heard.
The first witness placed on the stand was
! Charles Mclean, bartender at the race
| track, who scored a point for the defense
by testifying that the defendant Welch
came into town with him at e o'clock
Christmas afternoon. He further stated
! that both Middlemiss and WEIGH were in
toxicated that day.
H. NJ. Russell, keeper of the turnstile at
the Ingleside track, said he thought he
had seen Gardner, or some one resembling
him, at the track Christmas day, but would
not be positive.
William B. Peck, cashier OF the restau-
J rant at the track, told the story of the rob-
| berry substantial as related by the other
witnesses. He did not see the faces of the
! robbers, and said he would not be able to
identify them
Police Officer Fitzgerald also told the
story OF the hold-up and referred to the
shooting OF Officer Josephs. He said that
the man who fired the shot was tall and
wore an overcoat. When asked whether
an overcoat would make a man look taller
he responded in the negative.
Police Officer Gibson, the next witness,
was asked by MIR. Mogan whether he
knew anything about the robbery at the
/ lngleside track.
| Tobin. 1--WE don't care what the officer
| knows about the robbery. What has to be
! shown is that these defendants are con-
nected with the affair"
| Judge Low sustained the objection, after
which the witness proceeded to relate that
| he nd CAHx 4 kan., II
! by Engineer Willis to view the leather
money-pouch found by him on the
| ocean beach. He then stated tina he and
u number of other officers had watched
the pier near which the money had been
| found. Their vigilance was rewarded by
| the discovery of Gardner and Middlemiss
at a little after O'Clock on the evening OF
December 26. the day on which the
money was found. The two men
were seen near the ninth post
| of the pier. The place on the
! beach where the money was found had
! been disturbed, as though some one had
been searching for something. Both men
refused to answer questions. They were
! forthwith taken into custody, Middlemiss
complaining that he would have to stand
| the whole of the blame, since he had no
| friends, as Gardner had. When asked
| where he had been the day previous, Mid
dlemiss stated that be had been with the
defendant WEIGH, who, he said, was bar
Der at Port Costa.
Mr.. Mogan asked the witness whether
the pier would be a safe place for q
drunken man to walk on at night, espe-
cially if the night were dark and the man
very drunk.
1--WE must object" interposed Mr.. To-
bin. there is no reason why farcical and
irrelevant questions should be asked
"Well," said Mr.. Mogan. 1.-The same
question was asked of Mr., Willis yester-
day and nobody objected
81 don't see any reason for Directing"
remarked Judge Low, mildly. Let the
| witness answer
I'm my opinion" answered Gibson, '.it
would be an unsafe place for sober man. p"
well, as to that, remarked the Judge
meditatively, ''a drunken man often can
get over places where sober man is afraid
to venture"
No one disputed his Honor's dictum,
| and the examination proceeded. In an
swer to Mr.. Gesford's cross-examination
the officer reiterated his former statements
with more particularlty. He said he had
| viewed the pier through q pair of night
glasses, and had noticed one man stopping
near the pier. He believed he was one Of
| those arrested, but could not say which
one. The sand was dug up in the vicinity
OF the ninth post of the pier.
Andrew Stork, motorman on the Mis-
sion-street extension electric railway.
testified that the car which he was CON
Quoting was arriving at the terminus
when the robbery occurred. He told the
| conductor to turn out the lights, as there
were fireworks ahead" The order was
obeyed, and the people in the car left in
great trepidation He saw the tail man
with rifle, but could not swear that he
was masked. He heard shots and loud
talking, but could not give details. The
police went the next day looking for the
place, but could not find it.
''Oh. we'll" remarked Mr. Gesford,
that's characteristic OF policeman
Order, order Numbered tEe bailiff, as
burst OF laughter resounded through the
courtroom.
Officer E. j. Wrenn was the next wit
ness. He said that he and several other
officers had gone under orders to the
Olympic Salt Water Pumping Works at
the ocean beach on the evening of Deem
Der 70. lie Went on guard at the pier at Z
o'clock with Officer Campbell. About s
O'Clock he noticed two men approaching
the pier on the beach. They went from
one side OF the pier to the other, and then
disappeared from view. He thought they
might be hiding on the pier. 4 command
| to stand forth was given In loud voice by
one of the officers, and the defendants
Gardner and Middlemiss, came in view
standing upon the pier Both were taken
| into custody.
Officer Charles J. Cody was the last wit
| ness placed on CIe SEanQ. lie repeated the
! testimony OF Officer Gibson regarding the
events subsequent to the finding of the
money pouch on the beach. He took charge
of Gardner and placed the 'cuffs" upon
him, while one OF the other officers
performed the same service for Middle
miss. At the time of the arrest the wit
ness did not notice any disturbance in the
sand near the ninth post OF the pier, but
| afterward he observed that the sand at
that point had been eXcayated either by
means of stick or with the human hand
or foot; not with a spade.
AT this iuncture Judge Low adjourned
further proceedings in court until to-mor-
| row afternoon.
1t was agreed between Judge and coun-
sci that the examination OF Cashier Clarke
and Officer Josephs, both OF whom were
wounded at the time of the robbery, should
take place this evening at the houses where
they are staying.
Mr.. Mogan asked what conveyances
would be provided for the necessary court
officials and the Judge and attorneys.
Il think a cable-car will do" responded
his Honor, dryly.
! Some of the legal lights concerned not