The herald., 1896-03-04
The daylight Burglar" On Trial
In Department One
FAILS TOGET A CONTINUANCE
The Ingenious Plea On Which II Was
Asked Upset By the Prosecution
nr. Frew Details the Pursuit and Capture Of
the Thief-The DESCENDANTS Story.
General Court Notes

The trial of James Marshall, the day
light BURGLAR charged with entering the
residence of T. E. Rowan, jr., several
weeks ago and stealing several watches,
etc., besides badly frightening Mrs.
Rowan, was commenced in department
one of the superior court yesterday, before
Judge Pierce, presiding for Judge Smith in
the absence of the latter, who is detained
at his residence on account of the serious
illness OF his mother.
Much interest has been manifested in
this case, owing to the sensational fea-
lures, Mrs. Rowan having pluckily chased
the burglar and given the alarm, and in
consequence there was q larger crowd in
the court room than usual to hear the pro-
ceedings.
Messrs. Davis and Rush appeared for
the defendant and Assistant District At
torney Williams for the people.
There are two informations against Mar
shall, and his attorneys were of the opin-
ion that he was to be tried OH another
charge than that of the Rowan job. Conse-
quently when the case was called they en-
deavored to get a continuance on the
ground of the absence of a material wit
ness. Mr.. Rush made statement to the
witness that when the defendant went to
Mr.. Rowan's house he went there at the
request of the witness, who had agreed to
meet him there. He was told by this wit
ness that the house in question was where
he resided, and he gave Marshall the num-
ber of the house and room, and it was in
keeping this engagement that he found
himself, much to his surprise, in Mrs.
Rowan's apartment.
This ingenious plea caused quite a per-
ceptible smile throughout the courtroom,
but it failed to work, as Assistant District
Attorney Williams promptly met it by
saying that he would admit that the wit
ness would so testify if he was present.
This action left the defense without an
excuse for continuance, and the work OF
empaneling the jury was at once proceed
ed with. The panel was completed shortly
after IL o'clock. and the taking of testi-
mony was at once commenced.
W. L. Frew, a teacher in the public
schools, was the first witness called for the
prosecution.
He testified that about noon on Decem-
ber z last he started out to take bicycle
ride, and when he reached the Abbotsford
Inn on Eighth street several ladies were
pointing towards man who was running,
and yelling to stop him. Mr. Frew joined
in the chase. The runaway was the de-
fendant, and he took Traction car. Near
the power house on Georgia Bell street, Mr..
Frew caught up with the car and told the
conductor he had thief on board. It was
Marshall. and the latter jumped off and
sprinted some more. He was chased
across lots, up and down alleys, and sur
rounded at one time in garden. Fin.
ally he was "clean tuckered out"
and sat down on some steps while his DUR
suers canae up. The conversation that en-.
sued was slightly ironical on both sides.
Marshall was mopping his broad, white
brow. and when asked what he had been
doing replied that he was just taking some
exercise. One of his captors remarked
that it was pretty warm for exercise, and
Marshall replied that he was correct. The
witness detailed with great particularly
the landing of Marshall in the city Jail. his
attempt to speak with the defendant, and
the latter's polite refusal to converse with
him.
Mr.. Frew wound up his story with re-
cital of how he found part of a watch chain
in the garden where Marshall had been
surrounded.
At the afternoon session Mrs. Rowan de-
tailed the circumstances connected with
her discovery of the defendant in her room,
out to the street, where she was joined by
several other ladies who finally attracted
the attention of Mr.. Frew, who promptly
took up the pursuit. Mrs. Rowan positive
ly identified the defendant as the man she
saw in her room, and also identified the
watch chain and other articles taken.
A number of other witnesses also corrob-
Grated Mrs. Rowan's testimony, after
which the prosecution rested.
Marshall then took the stand in his own
behalf. He repeated the story about going
to the house to meet friend, and his sur
prise in finding himself in Mrs. Rowans
room. He admitted taking the watch,
etc., but his explanatio was very weak.
Marshall was still on the stand when
court adjourned. The hearing will be re-
sumed this morning.