The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-08
GARDNER.

1t is said that the reason of Judge Conlau' s
declining to act on the trial was that com
ments had been made regarding his prob
able attitude toward the defendants and
that in order to save himself from any
danger of being misunderstood and per-
haps misinterpreted he had asked his
learned colleague to sit in judgment as
consulting magistrate.
The three young men accused of the
robbery occupied chairs in the center of
the courtroom. Henry Robert Gardner,
the tallest and apparently the youngest of
the trio, is a Misunderstanding chap, who
reminds one OF an overgrown schoolbOy.
Patrick WEIGH, with his ardent auburn
hair, mustache and week-old beard, APP
pears to regard the whole proceeding as a
somewhat novel even though occasionally
tlresome experience. Joseph Middlemiss,
the remaining figure in the trio, is GER
talnly the brightest of the lot, if looks be
any indication. Rather short in stature,
with a bright and somewhat attractive
face, his bead-lke eyes took in all that
was going on.
The defendants were represented by
Henry G. Gesford OF Napa, Richard Porter
Ashe and Messrs. Tobin and Gleason.
| Throughout the proceedings Mr. Gesford
seemed to be the spokesman, and while
gentlemanly harmony and strict adher-
ence to professional etiquette were the
order of the day, this fact did not prevent
an occasional barristerial tilt be tween the
legal iuminary from the vineyard belt and
E. P. Mogan, the prosecuting attorney.
w. S. Leake, secretary of the Pacific
Coast Jockey Club, was the first witness
placed on the stand. When Intercepted
regarding his resi- dence he said he knew
not what answer to make. He said be
was Postmaster at Sacramento, though
he sent in his resignation some time
ago. When his resignation should be
accepted he would be better able to speak
dehnitivcly in reference to his legal habi-
tat. His testimony tended to prove the
identity of the leathern bag exhibited in
court as the one stolen from Mr.. Clarke Oh
the night OF the robbery.
Arnold Kirchwey, night clerk at the
Branch clearinghouse on Market street,
when subjected TO examination, said that
Welch, Middlemiss and a man resembling
Gardner had occasionally taken rooms at
that establishment, and that they seemed
to be on terms Of intimacy with a man
named Webster. Thus far the name of
Webster has not appeared in the case, and
it was made the subject matter of several
questions from both sides. 1t appeared
that Middlemiss seldom slept in the
house. but frequently came in the morn
ing to awaken Webster. The witness
would call him first and then Middlemiss
would come to the house to see whether
Webster was up.
Mr.. Gesford then took the witness in
hand. Kerchwey said TIE Branch House
was located on Market street, opposite the
Baldwin. The man Webster had been a
steady ledger at the place since October OF
last year. Gardner, or a man resem bling
him, had taken a room on three or four
occasions. There was reglstero OF arrivals
a the lodging house, and III 1t the names
of dodgers were entered by the clerk.
Since last year a new book had been
opened and the witness was unable to say
whether the old one was in existence or
not. Welcn and the slender man usually
took a room on Saturday nights. Edward
tlntelmann was the day clerk and worked
daily until O'Clock in the evening, when
the witness went on duty, remaining at
his post until morning. He had been on
duty Guiing these hours on Christmas eve
and Christmas night
WHAT sort of clearinghouse do you
keep" asked Mr.. Gesford, winninely.
Nv hat do you charge for rooms?"
twenty, twenty-five and fifty cents per
night, answered the witness.
"A hrst-class house, evidently" rejoined
the attorney. Il suppose you never re-
quire certificate of good character from
your guests, now, do you?''
This question appeared to mystify the
witness, and he seemed quite relieved
when told he could leara the stand, tie
Judge, however, ordering him to bring the
registers OF the Branch lodging house to
court in'the afternoon.
Sol Berliner, a tieket-seller at the Ingle-
side track, was next placed on the stand.
He recognized Gardner and Middlemiss.
He had noticed them particularly on
Christmas day, as they had remained loi-
tering near the entrance to the track about
o'clock in the afternoon. fhe two men
were engaged in conversation with two
Others whom he could not recognize. The
witness stated he had been engaged at the
track since Thanksgiving day.
William E. Dennis, colored man of
middle age, said ne was assistant ianitor
at the Ingleside track, and had seen the
defendant WEIGH in the barroom with
man who looked like Gardner and another
man OF very high stature whom he did not
know. The time was about 6 O'Clock III