The San Francisco call., 1897-08-18
DR.. HIGGINS GOES UPON
RECORD.
Says the Killing Occurred Be-
fore the Hour Named by
the Prisoners.
FLAWS IN THE STORY OF THE
CRIME.
Officials Believe the Rancher Was
Unarmed When He Met
His Death.

SAN JOSE, CAL, Aug. 1.-THE prelim-
mary examination of the trio charged
with the murder of George W. Schofeld
was begun to-day in the listle courtroom
of Justice Pinard of Madrone Three
Witnesses were examined and important
testimony was made a matter of record,
but a consid cradle portion of the time was
taken up in legal skirmishes. There is
RAPIDLY growing belief that Schotield was
unarmad when shot and the prosecution
made minute inquiries as TO the position
of the shotgun found near SchofeId, and
was very particular as to its distance from
the body. From the trend of the ques-
tions, 1t was evident that the theory that
Dan butcher shot Schotield during the
night and afterward laid the gun beside
his victim is to be thoroughly exploited.
The first Of tho prisoners to be taken TO
Madrone was Dan butcher, who made the
trip in a carriage, and was accompanied
by Deputy Sheriff Gardner. Mrs. Scho-
teld and Irving Mann went by train, the
widow being in charge OF Sheriff Lyndon,
while Deputy District Attorney Partridge
kept watchful eye over the son. On the
questions, but nothing of Importance was
learned. he talked but little, and once
he remarked pettishly:
Everybody l see wan is to ask me Ques-
tions."
As he sat in the corner of a big seat in
the smoking-car he looked smaller and
punier than ever, and, although II years
old, no conductor would ever think of call
ing on him for more than half-fare. His
appearance is evidence of the truth of the
stories that he has been compelled to do q
mans work, the hard tasks having robbed
him of a half-dozen years of growth. He
talks low, as if afraid to talk out, and his
monotone is of the kind that comes to
children who have been bullied or beaten
into subjection. Only once on the trip
did he brighten up. Looking out of the
car-window he saw a friend passing by
and he leaned out and waved his nand
with childish enthusiasm,
When the train reached Madrone irving
found his hali-br other, George, a stock
ingless urchin Of II, awaiting him, and
the two boys had a long talk over how
things were getting along at the farm.
Mrs. Schofield has not yet fully recov-
cred from the nervous prostration that
followed the breaking down of the first
story told by the prisoners, but she bore
up remarkably well. She was accom-
panied on the trip by her sister, and it
was the comforting assistance of the lat
ter that kept the prisoner from breaking
down.
The widow was dressed in deep black
and wore a black veil, which was not
paic c-d dflri ha l. q.
sober folds Gould be seen pair of large
dark eyes-eyes that told of a burden OF
sorrow. Mrs. Schotield's appearance was
in her favor and she soon found sympath-
izers other than relatives. To one won an
she spoke Of her life with Schofield and
said he had treated her inhumanely from.
the first week of their marriage. Her
parents had opposed the match, but she
would not listen to them. She tnougnt
Schofeld would be kind and affectionate
husband, she said. She married him and
paid he penalty, which was thirteen
years of bitter repentance. She referred
briefly TO the tragedy and insisted that
butcher had killed Schofield while defend
ing her life.
butcher, the slayer, was besieged by
newspaper representatives when he got to
Madrone, but at each direct question his
shifty gray eyes would twinkle with ami
NAL cunning and he would answer with a
sort of rude swagger:
"Say nothing at all; you'll get nothing
you Of me-"
butcher has a low forehead, thin face
with a long straight nose and an open
mouth. There is little or no expression
l. e, toE him oIfO0ef har Iao
lures attire and general bearing, he seems
altogether characterless. 1t is because of
their personal knowledge of the indi-
vidual that many people do not believe
that the whole truth OF the Liagas tragedy
has vet been told. butchers determina-
t1on not to talk faltered once while he was
waiting to be taken 10 the courtroom.
When asked if Schofeld was not killed at
night instead of in the morning he re-
piled:
81 tell you no. Schofeld was killed at
$780,"
He said that during the three weeks he
was at the ranch Schofeld and his wife
had serious trouble but once and that was
on the day before the shooting. be had
not known of Schofield's threatening to
kill his wife while he was there prior to
that day and said he did not know what
had happened before he came 10 the
ranch. butcher said he was sorry he had
not at once ackno wledged that he killed
SchofieId His excuse was that he was
ratified" and did not know what to do.
After making the statements he began to
talk OF other things and declined to
answer further questions.
The time set for the preliminary examl-
nation was o'clock, and at that hour the
little combination railway walting-room
and hall OF Justice in which Justice L.. ].
Pinard presides was densely crowded. |
There were four prisoners. the officers
and the newspaper men present to I'LL the
room, but all NJ adrone and the surround |
Ing country came to the examination, and |
those who could not get inside gathered |
around the windows and waited patiently |