The herald., 1897-09-11
Final Testimony Against
Ed McCamish
WHAT AN EXPERT SAW
yuAN pARNECHE LOST BOTH
LIBERTY AND WIFE
Senator Whites Illness Postpones the
Times Libel Suit-Another
Judgment Confessed

The McCamish trial is being prolonged
TO Z wearisome degree. 1t was antici-
pated the prosecution would close on
Wednesday, but the assistant district
attorney intimated that here were few
witnesses Of importance he wished to
examine, and that would take until noon
ON Friday. Counsel for the defense was
Instructed by the court thereupon to be
in readiness to open on Friday after
noon. This is Saturday, and if the pros
ecution gets through today 1t will be
matter Of good luck.
Yesterday the examination OF Mr.
Jenkins was a break in the rather dreary
monotony Of the last day or two's testi-
mony. Mr.. Jenkins is an elderly gen.
tleman, an old-time official and an al
together too willing witness 1t was
amusing to listen to him telling how he
brought his detective instinct to bear at
the Castaic switch. Unfortunately,
however, he would insist upon telling
not only what he saw, which was valid,
but the deductions he drew from what
he saw. which was clearly invalid testi-
mony. Counsel for the defense wanted
the jury to draw conclusions from the
facts as narrated by the witness, and
thus save the latter the trouble of posing
as q witness and the entire jury at the
same time. Just about as much of his
evidence was ordered expunged from
the record as went in.
Some interest attached to theevidence
given by Everett Pyle, not because it
varied particularly in essential partic-
ulars from that given by number of
other witnesses, but just because hewas
the brother of deceased. The witness
has sat beside the district attorney
throughout the trial, and given the aid
Of his better acquaintance with the
place where the crime was committed
and the number Of people who have
testified in the case. Mr. Pyle created
some amusement by going on the wit
ness stand by asking permission of the
court to take off his coat. Judge Smith
is by no means rigid in the conduct Of
his department, but this was trif1e' too
free and easy for him. He conceded
that the court room was warm, and
probably most Of those present would
like to take their coats off, but it would
be Just as well, he thought. If witness
Joined with the others in making the
best Of the matter.
The first witness called was Mr.. Jen-
kins, a resident in Castaic canyon, and
one OF the members of the coroner's jury
who testified to McCamish having told
him that Pyle was standing at the doom
when shot, and the robber who fired the
fatal shot stood six to eight feet away.
Witness noticed that according to that
description Pyle must have been con-
siderably higher than his assailant, and
unless the latter held his pistol above
his head the range Of the bullet would
Of the dead man.
"Mr. Jenkins, were you ever convicte
Of felony" began Mr.. Rush, on cross
examination.
S'No, sir" witness made answer.
The witness then went on to say tina:
what the defendant had told him was
before the inquest, and that he had no
memory of the defendants having testi-
fled before the coroner's jury with re-
gard to the relative position Of Pyle and
the robber at the time of the shooting
He said the position defendant pointed
out where Pyle stood was on the ground
and the robber stood between the house
and the track, about or feet away
Witness attempted to Justify his state
ment on direct examination that the fai
in the ground was about two feet, plac.
ing the robber that much below Pyle
ae annaodad ho a hoI
run level, and so could not say so abso.
lutely.
The witness having been an old-timt
deputy sheriff, constable, etc., persisted
all through his testimony in giving hi'
deductions from what he had heard ant
seen as conclusions of his own and many
of his answers were barred out for thi,
reason. Being asked particularly will
regard to what McCamish stated to tn,
coroner's jury, witness said that having
formed a partial opinion beforehand HI
had not paid the close attention he ough
to have.
"Isit not a fact that you were convicted
Of felony in San Diego county and sen
to the penitentiary?" inquired Mr.. Rush
reverting to the first query propounded
The witness hesitated and tried t.
explain. Being asked TO anewer Eye.
or no." he appealed to the court to know
If q conviction and later reversal by
the supreme court would qualify him t.
answer either way.
"As a matter Of fact, then, were yo,
convicted?" resumed Mr.. Rush, scarce
waiting the ruling of the court.
Mr.. Williams objected. He maintained
that II there had been conviction ant
the supreme court had reversed it there
had been no conviction, for the one rem.
dered had been declared void.
The court thought not, and a three.
handed argument between counsel or
both sides and the court ensued. Counse
Tor the defense insisted. ON an answer
while Mr.. Williams contended that ne
further answer was necessary.
What was the offense charged against
you?" inquired Mr.. Davis, RETAINING the
question. The objection OF Mr.. Williams