The herald., 1896-12-16
McARIY FOUND GUILTY
OF Burglarizing the First
National Bank Vault
THE JURY OUT ONLY Twenty MINUTES
The Will OF F. Emery Being
Contested
WIDOW AND SON OPPOSED
Little Narciso Algeria Being Fought for
ia Court
An Offshoot Of the Leonis Case Looms
Up
Little Narciso Algeria Being Fought for
ID Court
An Offshoot Of the Leonis Case Looms
Up
Bedwell, the Forger, Starts North to San
Quentin-Judge York Rules Upon
the Case of the Fire Commis-
sioners- Court Notes

An old time and interested throng
of people crowded Judge Smiths depart
ment Yesterday, for Jack McCarty was
putting in his defense against the allie
| cations of the prosecution, that he was
! the prime mover in the scheme to plum
der the vault of the First National bank
in June last.
The defense put in was very brief and
consisted of an alibi, but 1t didn't avail
McCarty much. Arguments of counsel
were also very brief, albeit Attorney
| Frank Davis addressed the jury in very
| masterly way in behalf of his client.
| This gentleman Is comparatively re-
cent arrival in the city, and in practic-
| ing at the Los Angeles bar promises to
distinguish himself. Possessed OF
graceful incisive and in some degree
pompous mode of address, albeit not
unpleasantly so, he has displayed dur
ing this trial an effective ability in the
handling of witnesses. That Mr.. Davis
with associate counsel was not able to
clear his client reflected not in the
least upon his ability as lawyer for
from the first it was fighting forlorn
hope But that is anticipating.
At minutes to o'clock the case was
given to the jury, and almost upon the
| stroke of the hour they sent into court
| to ask for the instructions. These Judge
Smith would not surrender, for the rea-
| sons that certain Of the instructions nav
| ing been oral they could not have been
| all before them. Again the door OF the
| Jury room was locked, and twenty min
Iinfh ho6
| the jury returned into court. They found
the defendant guilty of burglary in the
first degree" This seemed rather strange
| in face of the fact that witnesses for the
prosecution, including Jones, the saloon
keeper who made confession ana
| turned states evidence, testified that the
sub-vault of the bank was penetrated
during the afternoon, thus making the
act one of burglary in the second degree.
During the morning yesterday several
witnesses were put upon the stand to
| gather up the scattered threads of evil
| dence in behalf of the prosecution. About
IL o'clock the state rested its case.
THE DEFENSE OPENS
The first witness put forward by the
defense was Ed Smith. prisoner now
confined in the county jail. He testified
| that he knew Fred L. Jones, and on Sep
tember 18th had conversation with him
when Jones told him that he had just
| informed the detectives where the tools
were to be found, and that he would
be released after he had testified against
Mccarthy. He said Chief Glass had
promised him immunity if he told all he
knew against Mccarthy, to the extent
| that he would not get longer term than
one wear in the peniten tiary. During the
same month he told witness that his first
confession was not satisfactory to the
chief and he had written another one.
| He added, laughingly, that he and the
| chief understood one another and that
| he had been cautioned against talking
| to any one or divulging what had been
arranged between him and the chief.
| In October Jones made the remark one
| day that, "It did look that the chief did
| not keep his promise" and upon witness
| asking him if he really thought the
| chief would keep his promise, he replied
| that "he was not chump," and if he
| had not believed that the chief would
keep his promise he would not have
written the confession.
Upon cross examination witness in
| sisted that Ed Smith was his name, al
| though not all of it, His full name is Ed
| Smith Maynard. and he is under con-
viction of having passed counterfeit
coin.
The next witness put forward is also
\ jail-bird named w. E. Cramer, who is
| bound over on the charge of forgery. He
| last Friday. The latter said he knew he
would be turned loose after testifying
! against McCarty. Upon witness in
| quiring how that would be done, Jones
repeated the words. in substance, that
! he had uttered to the previous witness.
| that Chief Glass had gone SO far as to
| promise he would get him clear alto
| gether if he would only keep his mouth
| shut.
Mrs. Fannie Hickey, a resident of San
G~l -
| Rosa boarding house on Fifth street. In
June of this year the date witness could
| not remember beyond the fact that ii
| was on Saturday night, the defendant
| engaged room. leaving word that he
be called early in the morning that he
might catch train. By an oversight he
| was not called, and the defendant missed
| the 7:40 train for Los Angeles.
Was it the defendant said you were
pretty woman?" queried Mr.. McCo-
mas. as ne began the cross examination.
Yes. but 1 guess he was poking fun
at me-"
You had a conversation with the de-
fendant this morning."
When I saw Mr.. McCarty in court
spoke to him.
He didn't tell you what to testify to ?"
mo, sir; he said that he did not want
me to say anything other than the
truth
Did the fat man that came with you
from Dan DleSO tell you what to Say?"
mo, sir; he did not"
No intimation was given as to who
the fat man was and the witness was ex-
| cUsed.
Charles NJ. England, liquor dUller of
San Dlego testified that he had lived at
the bay for about twenty years. He saw
the defendant some time about the sec
ond week in June in San Diego He came
into the saloon kept by the witness with
Two gentlemen named Walker and Vor-
nees, but witness was busy and could not
taiN TO them very much as it was Sat
urday night va
James A. Posey. a resident of San
Diego since 1882 stated that defendant
VISITED his saloon in the evening of a.
DAY IN the early part of June It was
before the 2ist OF the month, because in
conversation l spoke of having run the
saloon for two years on the 2lst of the
month. I have not seen him since until
today.
s. Walker, proprietor Of tie Legal