The San Francisco call., 1897-09-18
Held ON THE
MURDER CHARGE
Theodore Figel Must Stand
Trial for the Killing
Of Hoffman.
Judge Campbell Holds Him to
Answer to the Superior
Court.
His Honor Expresses Himself as
Strongly Convinced of the
Defendants Guilt.

The decision of the case of Theodore A.
Figel, charged with the murder OF Isaac
Hoffman, was rendered by Judge Cam p
bell yesterday morning, and the defend
ant was held to answer to the Superior
Court without bail.
The courtroom was crowded with peo-
pie expecting something out of the Or
binary, but they were disappointed, as th e
proceedings consisted simply of the read
ing of his decision by the court and few
brief remarks by Judge Murphy, express
ing the thanks of the attorneys to Judge
Trout for the use OF his courtroom during
the case.
Judge CampbelPs decision. stripped of
its com pliments to court officials, follows:
The defendant, Theodore A. FIgel is charged
with the crime OF murder by a complaint be-
fore me and duly verified, in which he is ac-
cuseo of willfully, ieloniously and with malice
aforethought killing ana numbering Isaac
Hoffman in the city and county on the 1st day
of June, 1897
1 have endeavored all through the case to
act impartially and ] feel that have done so.
the defendant, have carefully considered the
entire testimony in the case and, indeed, re-
read the same.
Sitting as committing magistrate, my
Code, which IS as follows: al, however, it ap-
pears from the examination that IA public
offense has been committed, and there is
sufficient cause to believe the defendant guilty
thereof"
The first question for me to determine Is
has the crime OF murder been committed, and
l am from the testimony in this examination,
irresistibly led to the conclusion that muir
der has been committed, namely: That on the
1st day of June, 1897, in his store on the cor
ner OF Battery and Bush streets in this city,
theory
which mas Deen suggested during this exami-
natioa, that Mr. Hoffnan's death was caused by
his act, that is, that he committed SUI
eide, do not believe. In my judgment the
tcsuImony in this case renders the idea of sui
eide by Mr.. Hoffman absolutely unbiased and
without foundation. The evidence fully con-
vinces me that Mr.. Hoffman, instead of COM
hitting suicide, had everything TO live for.
lie was wealthy, had prosperous business, a
young family TO whom he was devotedly at
tached, and about twenty minutes prior 10 his
receiving the fatal shots, according to the tes-
tmony of the defendant himself, he was
cheerful and happy, and spoke of his great
forward TO equal, II not greater. successes for
the next There was nothing tang. bic offered
why Mr.. Hoffman should commit suicide, and
do not entertain even an idea that there is
any truth in sucn theory or suggest ton.
Having determined the fact that murder
has been committed, the next question is,
Is there sufficient Ca use to believe the defend
ant Theodore A Figel. guilty thereof am,
fr rom the evidence in the case, fuzzy convinced
that there is sufficient cause 10 beleve the
defendant guilty thereof. 1t is therefore
dered that the defendant, Theodore A. Flgel.
be held TO answer to the superior Court of
this city and county OF San Francisco upon the
charge of murder, and that ne be delivered
TO the custody of the Sheriff of the city and
county of San Francisco and by him detained
until he be legally discharged.
Now in regard 40 bail in this matter. Sec
tion 1870 of the Penal Code reads follows:
"a defendant charged with an offense punish
abe with death cannot be admitted 10 bail
when the proof OF his guilt is evident or the
presu ption thereof great" It seems to me
from all the circumstances surrounding this
case, that at leas the presump ption OF his guilt
is great, and it is therefore ordered that he be
held without bail.