The San Francisco call., 1896-07-31
Several Witnesses Saw the
Defendant With a Razor
in His Hand.
SOME TELLTALE BLooDsTAINs
The Hearing Will Be Resumed This
Morning When Captain Vo5des
Will Be Examined.

James Kelly of Battery E, Fifth Artillery,
charged with the murder of Private
Joseph E. Quinn at Fort Mason on Friday
night, July 10, was continued before
Judge Conlan yesterday afternoon.
Prosecuting Attorney Mogan conducted
the prosecution, and R. Porter Ashe and
Attorney Runcll, an ex-army officer, ap-
peared for the defendant.
Private Harry Mills testified that he
was in company with both Kelly and
Quinn on the night of the murder. About
8 o'clock he had tussle with Quinn on
| the parade ground. Several others were
there, but he did not know If Kelly was
one of them.
81 then went toward the canteeu," con-
tinued Mills, land Quinn followed me and
wanted me to fight him. declined and
went into the canteen. About quarter
to II o'clock los of us were in the can
teen, Coleman, Sullivan, Quinn, Kelly,
Kampschmidt, Whalen and others.
Quinn YVES still in fighting humor and
wanted to fight me some rounds for the
berefit of the canteen. 1 told him that l
would not fight within the fort, but if he
had some money to put up would meet
him downtown.
out the lights and we all left. 1 was the
first to leave and Quinn was alongside OF
me. When we got about half way between
the canteen and the squadroom Quinn
struck me on the chiu, ,,knocking me down,
and remembered no more. When 1
came to my senses 1 made for the guard
house to get protection, as / was afraid of
Quinn.
oil kha% ,,z.I~A
his hand. 1t had dark handle. We
were in the canteen at the time, and Kelly
said that if any one followed him up and
bulldozed him he would be apt to use the
razor"
In cross-examination Mills said: "What
started the row between Quinn and myself
was this We were playing craps and I
had won about 81 30. Quinn got angry at
losing and refused to give me 81 1 had
won. When he struck me on the chin
and knocked me down he must have had
something in his hand"
DR.. u. M. Wells, the post surgeon, was
an interesting witness. He had written
everything down to the minutest detail,
and he gave his evidence in the same
methodical manner.
81 first saw Kelly" said the doctor, "be-
tween IL and 11:30 in his bunk on the
night of the murder. The commanding
officer was with me. Kelly opened his
eyes, looked up at me, turned on his left
side toward the wall, shrugged his shoul-
der, and pulled the cover over him. Moth.
ing was said to him at that time. We saw
him later in the same bunk. We searched
the bedding for weapons, but found none.
] saw, however, bloodstains on both of
Kelly's hands; one stain between the fin
gers was about two inches long. l asked
him how the stains came there and he
said he did not know.
| "The commanding officer then ordered
Kelly to be placed in confinement and he
suddenly changed his appearance and
acted as if he. were stupid from drink"
The doctor then described the nature of
Quinn's wound and how he picked up the
razor, which he identified from blood
stains on both sides of the blade and on
the handle and from other marks. He
also identified KeIly's nat and cap, both
OF which were stained with blood
In cross-examination the doctor ad-
mitted that none of the other occupants
OF the hunks were examined, but soldier
was examined IN the guardhouse.
Corporal James Collins testified to see
ing Kelly in mis- bunk when DR.. Wells was
examining his hands. He saw the blood
stains and heard Kelly say he did not
know how they got there. Collins iden-
tined the razor as one he had given Kelly
about year ago in exchange for another.
In cross-examination he said he would
not swear positively it was the razor, as
he had made no marks upon it, but he was
morally certain it was the same
Sergeant Winfield Smith, who was in
charge Of the canteen, testified to seeing
Kelly in the canteen with a razor in his
hand talking to Mills, but he could not
identify the razor.
Private e. T.. .Merriman was in his bunk
and about 10 minutes 10 IL he heard
row outside. He jumped out of bed ana
went on The porch. Just then Kelly
came running mp the steps without his
hat or coat and went into the squadroom.
II went over" continued Merriman,
land saw Quinn lying near the lamp post.
Wheeler was beside him and O'Donnell
was holding his head. / heard Quinn say
that his iugular had been cut and he was
goner. l ran TO the guardhouse and notl-
fed the officer that fellow had been cut.
Then l went aud put on my clothes and
hurried to DIR. Wells.'
Private Michael ]. Coleman testified that
about fraction of a minute after Quinn
was cut he saw Kelly hurrying toward
the squad room. Privates Cornelius Sui
livan and Henry Kampschmidt gave un-
important testimony and the hearing was
continued till this morning when Captain
Vogdes and two or three other witnesses
will be examined.
1t is understood that the defense will re-
serve its testimony till the trial in the
Superior Court.
-------
The Tribble Investigation Postponed.
More testimony was heard yesterday in the
case of Captain Tribble, who is on trial before