The San Francisco call., 1897-02-20
DID NOT SAY SHE
WAS HIS WIFE
Butler Denies He Made
Such a Remark About
Mrs. Weller.
His Brief Evidence Before the
Commissioner Yes.
terday.
Says He Was Bound for Englan and
Did Not Wish to Remain
Here.

proceedings before Commissioner Hea-
cock yesterday were rewarded for their
trouble by Witnessing more than one cpl
sode which might rightly be character
lied as at least interesting il not sensa-
tional. incidentally the defense scored
several technical triumpns, though no
serious attempt was made 10 rebut the ac-
cumulated mass of testimony against the
prisoner. The only new witness called to
the stand yesterday was Ashe himself, who
denied when questioned by MIR. Black
that he had ever stated that the portrait
of Mrs. Lee Weller found among his effects
was the portrait of his wife. The several
witnesses who so testified early in the
hearing were at once recalled by the prose-
lively that the prisoner actually made
such statement ana that his testimony
alleging otherwise was false.
AS soon as the court convened at z
o'clock Mr.. Black, who seems to be the
head and front of the defense, held aloft
a typewriter document which proved to
be the bill of sale transferring certain of
the pri ,oner's effects to Attorney Pidwell.
Il will call Mr.. Roche" said Mr.. Black.
You are familiar with the prisoner s
handwriting?" he asked.
Il am, replied the witness.
You recognize this signature? indi-
eating the name at the foot of the bill OF
sale
81 do. believe it to be the signature
OF the prisoner"
II desire" said Mr.. Black, "to offer this
paper IN evidence"
Mr.. Cormac rose hastily. 1--WE have a
few objections to make, your Honor" he
began. First we contend that documen-
tary evidence Is not competent on bahalf
of the>pusoner-"
Mr. Black here interposed to explain
that he introduced the paper for the
reason that these proceedings were based
on warrant seeking not only the prison.
ers person, but certain personal property
In his possession. The purpose of this
paper was to show the fact tnat although
certain personal property might under the
extradition treaty and at the discre ton of
tie Government OF the United States be
delivered, yet the rights o. third parties
must be respected. The document was
not introduced on behalf of the prisoner.
Mr.. Cormac, however, further objected
to its introduction on the ground that Mr..
Pldwell was not third party In the mean
ing of the treaty; that the bill OF sale pur-
ported to b, made by Lee Weller, while
the prose, ution had proved Lee Weller to
| be dead; that the property was evidence
of crime and that the document was de-
signed TO defeat the purposes of Justice /;
| that il was intended to interfere with the
United States Marshal in the fultillment
OF ris duty.
''If such document could be drawn up
at any time, continued Mr.. Cormac, "by
prisoner after his seizure with such evil
dences OF his crime in his possession it
would be very easy TO defeat the ends OF
justice. Take the case OF counterfeit coin.
Should the coin found in his possession
be decided to Pidwell or any BODY else it
wnnld a m for ; l.
very evidence upon which the prosecution
has to rely for conviction. No doubt.
too, Ashe, or Butler, owned the rifle with
which it is alleged Lee Weller was shot
If at his trial he could make deed of gift
of that rifle to somebody else he would
thereby do away with the evidence
against him and make it impossible to
convict.
I'VE contend that no such transfer of
property after seizure and apprehension
can be made. The rights of third parties
mentioned in the treaty refer to the origi-
nal owner, and not to the person obtain
ing the articles after apprehension. If
property is taken from man his rights,
of course, must be respected, but after
the prisoner has come INTO this lurisdic-
ton with the property on his person it is
too late TO obtain bill of sale and thereby
try to defeat the ends OF Justice. We
further object on the ground that the bill
OF sale was made to one Mr.. Pidwell, and
that he Is the prisoners attorney, and we
insist that any means by which they try
TO circumvent an order of your Honor's is
contempt of you and of the court and /
60 not think your Honor will consider the
argument for one moment. We also OBJ
ject on the ground that the property
sought to be obtained by this bill of sale
is the very same property found upon the
prisoner and put in evidence; that more
tUiIl hn in ouiH nd hot
testified in both cases that this property
is material evidence, necessary on his
trial, and that under the treaty we are
bound TO keep these articles in the pos
session of this court"
Mr.. Black replied at length to the pre-
vious speaker 3 objections. The prisoner,
he argued, was seized without right and
his property taken away from him with
out any authority. writ, warrant or orler.
The prisoner while in this position saw fit
to make bill of sale. The attorneys for
the defense had formerly been criticized
by the prosecuting officer for not attempt
ing 10 take away this property from the
custody of the court. The effect of these
objections was to throw dIscredit upon
the prisoners counsel for doing something
i'll legal manner and by the adjudication
of a competent tribunal with a view to
establishing the title to this property, and
not only doing that but trying 10 estab-
lish that right in this court.
No attempt, he assured his Honor, was
being made to remove the property from
the custody of the court. Neither the
grantee of this bill OF sale nor any OF the
prisoners counsel had at any time or now
altem pied to do so. The defense had
merely sought to remove 1t from the GUS
tody of privat" person, to wit, Barry
Baldwin. Mr.. Black further explained
with much technicality of language that
the defense merely sought to establish the
Legality of the transfer to the grantee of
any such right as the prisoner might have
10 the property in question. And the de-
tense also rendered 10 the United States
Government all such articles as might be
deemed of value to the British Govern
ment in the prosecution of the defendant
These articles he enumerated as follows:
Songs OF England. pocket encyclopedia,
piece of paper relating TO documents and
will of Lee M. Weller, photograph of
prisoner, photograph of Mrs. Lee Weller
song entitled, 1--WE All Love Jack" to-
gether with ali certificates, dischar ges,
etc, made out in the name of the MUIR
dered man.
Com mis- sioner Heacock said that the
rights of the claimant must first be re-
spected as fully under the assignment as
il there had been no such document in
the case. He apprehended that when all
the testimony was in there would be very
little property OF value which it would