The record-union., 1897-07-20
HENNESSEY TOOK CHANCES.
HE WANTED WALTER J., so HE
TOOK HIM.
Had Given a Bill of Sale to Nc
Dermott-Henness Held
to Answer.

John Hennessey, charged with grand
larceny in having stolen the racehorse
Walter ]. from his stall at Agricultural
Park on the evening of the 18th OF June
was examined and held to answer yes
terday. City Attorney Brown appeared
for the people, while Hiram W. Johnson
looked after Hennessey's interests.
The defence took the ground that at
no time did Michael McDermott, the al
legged owner of the horse, ever own an IN
terest in him, and that in the beginning
only a verbal contract had been entered
into between Hennessey and McDer-
mott that the latter should run the morse
and finally dispose Of him to the best ad-
vantage, dividing the proceeds with
Hennessey.
McDermott testified that he had ac-
ouired the horse in 1898, having pur-
chased him from Hennessey for the sum
of So. Hennessey at that time gave the
witness an order for the horse, but did
not give a bill of sale until some time
later and after McDermott had disposed
of a one-half interest in the animal to
Walter J. O'Brien Of San jose. The wit
ness claimed that a complete sale had
been effected, and that Hennessey had
no claim to the horse.
When cross examined by Mr.. Johnson,
McDermott frankly stated that prior to
his purchase of Walter J. he had been a
racetrack tout, selling tips on possible
or probable winners. He further stated
that he had since acted in his capacity
as tout to raise funds with which to
keep the horse when he was not winning
races. During the season of 1896 the
witness said the horse had won purses
to the amount of several thousand dol
lars.
Other witnesses testified to having
seen Hennessey take the horse from Ag-
ricultural Park during the evening of
June 11th.
John Hennessey took the stand in his
own defense. He testified that he
bought the horse at auction sale from
the Hearst estate, in 1894. for the sum
of $50 He had, he said, known Nc
Dermott eleven or twelve years, and
knew that the latter followed the races.
The latter came to him and offered to
take the horse, train him. race him and
divide the winnings, and finally dispose
of him for a round sum, provided the op-
portunity was presented.
With this understanding the witness
gave McDermott an order for the horse,
demanding and receiving 50 to bind the
contract The latter took the horse on
the witness order, and he CMcDermotD
went to Salinas, where he remained
about four months. When he returned
to San Francisco McDermOtt informed
him that he had sold a half-interest in
the animal to w. J. O'Brien, having
given bill of sale. McDermott, the wit
ness stated, expressed the fear that he
might get into trouble respecting the
title to the horse unless Hennessey gave
him bill of sale for the animal and to
shield McDermott the witness drew out
and gave a bill of sale, with the under
standing that the winnings of the horse
should be divided, and that he should be
sold as quickly as possible He had,
however, received nothing for the ami
NAL.
When the evidence was all in Justice
Davis held the defendant to answer be-
fore the Superior Court. bail being fixed
at 81 900. Pending the search for bonds
men. Hennessey was locked up in the
County Jail