The San Francisco call., 1897-09-02
CEuSURE FOR
THE POLICE
Attorneys on Both Sides Of
the Figel Case Are
Dissatisfied.
Rice's Memory Appears to Be
Slightly Defective as
to Time.
Judge Louderback Accuses the Prose-
oution of Being Unfair in
the Case.

The cross-examination OF M. M. Rice
was resumed by the prosecution in the
Figel case yesterday morning. The ex-
animation was conducted with view of
impeaching the witness, and several times
he made statements in conflict with his
testimony at the Coroner's inquest and
the story he told the Chief Of Police.
Mr.. Rice testified that on the evening
OF June he came in from the park few
minutes before 6, and went directly to the
Lick House. He was read the testimony
he gave at the inquest, which was that he
came in from the park between and 5
o'clock and meandered around town
awhile before he went to the Lick House.
He acknowledged that he had testified to
that, and said he thought this state ment
was true. He also acknowled ged that he
had told Chief Lees that he could not
positively state when he came In from the
park and that he had paid no particular
attention to the men he saw in front Of
Hoffman's store.
In answer to pointed questions of Mr..
Ach the witness said he had been in a
hurry to leave the City when the inquest
was in progress, but that he had remained
to see man, and then be had been SUBJ
penaed for the preliminary examination.
He said he had $50 when he reached San
Francisco and had borrowed money since.
Mr.. Ach asked, "Who did you borrow
from2"
II refuse TO answer" replied Rice.
An answer was insisted upon by Mr..
Ach, and the witness said he would go to
Jail before he would bring lady's name
into the case. Mr.. Ach said if it was
woman from whom he had borrowed he
would not ask her name.
The court asked how he expected to pay
back the money. Mr.. Rice said he had
been advised by the United States District
Attorney of Arizona TO make application
to Judge Campbell for his expenses. The
Judge said he would look the matter up,
but he thought that the witness could not
get his expenses paid.
c. w. BasSett Of Alameda test ihed that
he met Figel on tho evening OF June l, at
6:23, and had spoken to him. The de-
Iendant was going for his boat at thar
time. In cross-examination he said Figel
had told him it was 6:23. He had told
Figel, police officer and clerk in Gen.
eral Barnes office only about week ago
that he knew of this fact, and he gave as
his reason for offering to testify that he
tn ought it his duty to tell what he knew.
He had only recently learned that Figel
was accused, as he didn't read the news
papers to get the news, but only for the
advertisements.
Edwin l.. Weatherhead testified that he
was representative OF Carter's Ink Com
pany and that he had left some sample
bottles OF ink at Hoffman, Rothchild &
Co. s on April II.
A. c. Hey yneman, the steEographer OF
the Chief of Police, was recalled and asked
to read his shorthand notes OF the state
ment made by Rice. This version of the
story differed materially from the testi-
~ Mr. nd fro ho tu
written extension of the notes given out
by the Police Department as the state
ment of Rice. General Barnes had Hey
nemann take a short dIctation as test OF
his Shiiity as stenoerapher. The test
was not satisfactory, the witness being
una BILE to record the dictation accurately.
General Barnes then took occasion to
score the methods of the Police Depart
ment He said 1t was an outrage that the
life and liberty of man should be put in
jeopardy by these statements, which are
not at all correct ones.
Mr.. Ach agreed with the general in his
criticism of the department, and said he
did not place any blame on Mr.. Heyne-
mann, as he was compelled to do as his
superior officer said. He contin ued, that
he hoped this case would be lesson to
the department, and that in The future
statements would be taken down verbatim.
Isaac GelIert testified that in the last
week in May he and Figel went to the
store one night to work, and that the de-
fendant had no key to the Battery street
door at that time.
An attempt was made to inlrodu uce tes-
timony by A. f. Westphal that FigeI had
said he was going to get rid of his pistol.
After the court had ruled this out Judge
Louder back made the assertion that the
prose cution had during the case endeav-
ored to keep out com petent testimony and
repress the truth. Mr.. Ach and Judge
Murphy resented this. and replied with
some warmth that the statement was alb
solutely false, and that instead of keep
ing out competent evidence they had per-
mitted incompetent evidence to be intro
duced by the defense.
The argument between counsel was
stopped by Judge Campbell adjourning
court.