The San Francisco call., 1897-02-19
BUTLER WANTED
TO co ASHORE
He Was Very Eager to
Leave the Ship With
out Delay.
Captain Fraser Testifi d to This
Effect at Yesterdays
Hearing.
Further Evidence Will Be Taken
To-Day, and the Argument Is
Set for Thursday.

seat III lQo OulttQ DldteS AlTCuIt NOUII
yesterday afternoon to resume the hear
ing on the application for the extradition
OF Richard Ashe, alias Butler, Attorney
Cormac stated that both the Preston and
the Lee Weller charges would be taken to-
gether the same evidence to serve in both
cases in the absence of any objection.
The gloom of the subsequent proceedings
was rarely relieved by any gleam OF real
interest, and Mr.. Blacks additions to his
list of objections were, therefore, almost
welcomed by the spectators as genuine
diversion.
Captain Fraser OF the Swanhilda virtu-
ally retold The story OF his connection with
the prisoner from the date when the latter
signed the ships articles at Newcastle till
the morning of the arrest IN the Day Of
San Francisco. Mr.. Blacks objections
followed rapidly, one upon the other, as
the witness described his interview with
the second officer of the steamer Taupo
fifteen days out from Newcastle. relative
to the Blue Mountain murders. the
second officer" said Captain Fraser,
came to me on the poop and said"
II object" cried Mr.. Black, "to what he
said.
What did you say2" queried the
court.
He was the first to speak, your
Honor the witness explained. He
gave me the newspaper containing the &C
count Of the murder."
i object again" cried Mr.. Black, ITO
what the newspaper said"
In consequence of what l read in the
paper" continued the witness, II said 10
the officer: The police must be on the
wrong rack; there is no man on my arti-
u IoE,
opened bundle OF papers, which L
aiterward examined. The first paper l
read contained Lee WelIer's name"
Now l move that be stricken ont,
said Mr.. Black weariy.
The first officer Captain Fraser re-
sumed, after reading the papers. said:
I'VE have got the man."
objection 10 what the first officer
said." interposed the yigilant Mr.. Black.
did the defendant ever speak to you
during the voyage2" asked Mr.. Cormac.
Three evenings before we got in,"
replied the witness, "between and s
o'clock, l was in my chartroom, when the
prisoner knocked at the door. When l
opened II he asked me If | would let him
go ashore just as soon as We arrived. He
said: You know how it is. 1t might be
The means OF my getting good situation
ii l could get ashore without ii being
known that / was here before the mast
/ tOlQ MIN ne COulQ go ashore the OheDt
we got in
The witness then gave an account of the
arrest and stated that the male called his
attention q the time TO a soft nat worn
by the prisoner with the brim turned
down over his face. The prisoner usually
wore a small hat. In he opinion of the
witness the prisoner knew nothing about
the Taupo's communication.
The ships articles were here produced
and examined by the prisoner and his
counsel These proved 10 be drawn up in
the usual form and provided for three
years service within specified degrees of
latituoe.
Mr.. Black was solicitous to know the
exact position OF the ship Swenhilda a.
the time of the arrest, and the witness re-
piled that she was well within the heads
and entirely free from any wharf. He ad-
mitted that the prisoner conducted him.
self well during the passage. 1t was GUS
tomary for sailors to wear all sorts of
hats, though they did not usually wear
the rim turned down intentionally. 1t
was because the prisoner wore his hat in
this fashion that the witness temporarily
missed him on the morning of the arrest
"Is il customary" asked Mr. Cormac,
''tor sailor to change his nameP"
The witness said that this frequently
happened, aid especially in Newcastle,
where sailors who had deserted would do
this in order to get license.
The witness soon afterward left the
stand and Mr.. Black addressed the court.
He stated that Mr.. Cormac had formerly
consented to allow him TO examine his
transcription of the testimony hitherto
taken, but had afterward Withdrawn that
permission on consultation with his COL
leagues. The prisoner, Mr.. Black pointed
out, was poor man without means, and
he, Mr.. Black, would, therefore, ask his
Honor whether counsel for the defense
could obtain a copy of the testimony
from any other source.
The court said that the original depos-
lions and the oral evidence would be
placed in the custody of the court as soon
as they could be transcribed by the re-
porter and that when this was done coun-
sci could have access to them.
Mr.. Black, on the understanding that he
might have Iorty-eight hours in which 10
prepare his argument, consented to allow
the testimony in the Preston case to be
admitted in the Lee Weller case
Charles Wilcox, one of tue crew of the
ship Swanhilda, testified that the prisoner
borrowed his hat and put it on in the fore
castle before the ship reached the heads.
One side Of the brim was always hanging
down. The witness did not see the pris-
oner wearing it afterward, and he went
ashore in is own hat.
Mr.. Black picked up the hat claimed by
Wilcox and demanded, "Is that your
hat?"
"Yes,' was the decided answer.
did it ever have any powders in itf"
mo, SIR"
eff you wanted to disguise yourself,
would you wear that hat?"
Tastes differ" replied the witness
IaconicalIy, II wouldn't"
Detective McHattie was again called
and was told to examine the checkbook
found among the prisoners baggage. He
recognized the name Lee Waller as the
prisoners handwriting, but was sure that
the name Frank Harwood had not been
written either by the prisoner or by Lee
Weller. He considered that the articles
found in the prisoners possession were
very material evidence and to the best of
his knowledge and belief they were the
proceeds of his crime.
How could this checkbook be of any
value in the prosecution 2" asked Mr..
Black.
That would be hard to say at present"
as there anything else material upon
il, except the name of Lee Weller. which
we admit is in the prisoners handwrit-
ing?"
II believe it was stolen from South Aus
tralia."
Does South Australia own it?"
81 believe it belongs to Frank Har-
wood"
Mr.. Clark continued 10 badger the wit
ness with similar interrogatories, trying
hard to obtain a definite reply as to
az evidence in the Preston and Lee Weller