The San Francisco call., 1897-02-07
{, HEROLD AOMONI ISRED
Judge Carroll Cook Came Near
Committing a Witness for
Perjury.
Denied Newspaper Interview and
Then Was Compelled to Admit
That 1t Was Trus.

"Step this way, Mr.. Herold, wish to
speak with you a moment" said Judge
Carroll Cook on Friday afternoon. The
jury in the case OF Thomas Reynolds had
just returned a verdict of guilty OF
burglary in the second degree, with a rec
ommendation to the mercy of the court.
Charles Herold had been the main wit
ness for the prosecution, and had EN-
ployed Attorney Alexander Campbell Jr.
to assist Deputy District Attorney Hos
mer in conducting the trial In his main
testimony Heroid seemed to be anxious to
make strong case against the prisoner,
and gave mass of testimony that found
no Sorroboratinn in the testimony OF the
OF her witnesses.
Judge Cook waited until Herold ad
vanced 10 the bar, and then said: 81
ordered your return to-day, sir, for the
reason that l was yesterday convinced
that you had committed perjury, and i:
was my intention to order you into Gus
tody Tor trial on charge of felony. You
have voluntarily come forward, however,
and substituted partial truth for false
hood, and this is considered in mitigation
of your offense. If you had not made
your explanation i'll this court to-day you
would at this moment be in a position to
answer 10 criminal charge in some de-
partment of the Superior Court. In view
of the circumstances and your partial
reparation you will not be harshlv dealt
with. For this you ought 10 be thank
ful."
Herold lost no tine in getting out OF the
courtroom.
A short time before Herold had Rey-
nolds arrested he was interviewed by re-
porter, and said:
I suspected Reynolds and was bound to ct
a confession from MIN. When found him in
the saloon l became angry and excited. l
dragged him 10 the Stable and told him
wanted TO know ali a bout the burglary. When
he wouldn't tell me beat him. You know, u
man will get excited sometimes. | then tied
a rope arounu his neck, but I didn't try TO
hang him. / just threw the other end over
the beam. No, didn't pull him up. lie kept
moving his head from one side TO another
and that is how he got the marks on his throat.
He became frightened aud was commencing
TO confess, whed Leopold came into the stable.
At the time Herold was first on the
stand ne denied saying these things, but
he was disputed by Mr. Slevin, the re-
porter, who was corroborated by other
witnesses, and Herold was compelled to
admit that Mr.. S.eyin was rigat and he
was wrong. This was the cause which led
to Judge Cooks admonition in regard to
telling the truth.
In commenting on Herold's testimony
in his argument before the jury Attorney
Eddy said:
I never saw so pitiable a spectacle as that
man Herold as he appeared on the witness
stand this morning You Will remember
gentlemen of the jury, that yesterday he
swore that he did not have a conversation
with James Slevin ami did not then admit
that he had hung up the boy Reynolds for the
purpose OF forcing coniession. In five
minutes after court adjourned yesterday
Hero. d learned that he was in danger OF being
convicted OF perjury for his false testimony.
He did not know at first that we were ready 10
overwhelm him with the proof of his perjury,
! but when he found out his danger he TOOK the
advice OF his attorney and sneaked back 10 the
witnesses tand with the excuse OF q man who
| knew that he had lied, and tried 10 explain
| that his memory was confused, and now he
WASH sure whether o. not he had any such
conversation with Mr.. Sievin. Finally he yir-
| tual Y admitted 70 you and 10 me that ne did
| tell Mr.. Slevin exactly what he denied yester
| day.
The case has attracted a great deal oi
attention from residents of the Potrero,
and the courtroom was filled by spectator:
| from that part OF the City.