The San Francisco call., 1897-02-11

goods. A copy of the complaint was signed
by PidwelPs associates in the defense OF
Butler, Messrs. Stone, Black and Leming.
In view of this proceeding, section 496 of
the Penal Code of California is brought
forward. 1t states plainly that any person
purchasing stolen property shall be liable
to prosecution on a charge of felony and
subject, on conviction, to imprisonment
in the State prison for five years, the
County Jail for six months, or both Insti-
tutions for the time specified. 1t Is not
likely, owing to the circumstances, that
any charge will be brought against Pid-
well.
At 1 o'clock yesterday afternoon an
additional charge of murder was booked
against Lee Weller at the City Prison.
Deputies L. }: Gallagher and E. J. Hea-
cock, representing United States Marshal
Baldwin, called at the jail for the Aus
tralian prisoner, and as ne was brought
forth Deputy Gallagher read to him an
additional warrant charging him with
murder.
The warrant was signed by ]. w. War
burton, British Consul-General at this
port, accusing Weller of the murder OF
Arthur Thomas Osborn Preston, and de-
mandlng that the arreStlng officers take
in charge all the personal apparel found
In the possession of the prisoner at the
time of his arrest
The extradition proceedings were re-
sumed before United States Commissioner
Heacock at p. NJ. The evidence was not
concluded and 1t is probable that no de-
cision will be reached before next week
When court proceedings began Attor-
ney Cormac, representing the British
Government, directed Com missioner Hea-
cocks attention to the fact that the pris-
oner's attorneys had commenced suit in
the State Court to obtain possession of the
property found in the possession of the
prisoner at the time of his arrest. This
action he believed to be taken in direct
affront of the order committing such
property into the custody of the United
States Marshal, and was therefore q mat
ter of contempt, no 1ever unintentionaI.
1t seemed appropriate in his opinion that
court adjourn in order that contempt pro-
ceedings might be begun against Buffers
attorneys.
Attorney Black at once entered obiec-
tlon to any such proceeding, alleging that
the suit could not be classified as contem-
tuous, inasmuch as no specific order had
been m ade committing Buffers (or Ashe's)
property into the United States MarshRPs
care. Investigation of the record of the
court showed the point to be well taken.
In the face of this discovery the court was
powerless to take notice of the replevin
suit instituted by Buffers attorneys.
Commissioner Heacock, however, de-
cided that the matter should be settled
then and there, and made an order placing
all Buffers possessions in the custody of
Marshal Ba dwin until the determination
OF proceedings. Despite the order of the
State courts the disputed property must
now remain in possession of the Federal
Govern ment, and any opposing order
might properly be regarded as a contempt
of the Commissioner authority.
The attorneys for the British Govern
ment then introduced a photograph of
Preston found among Buffers effects.
Strenuous objection was made bv Attor-
ney Black that this was incom petent to
the case OF Weller, but the picture was in
troduced as evidence over his objection
Next the documents relating to WeIler's
arrest were introduced 10 demonstrate
that all legal requirements had been fully
met.
The remainder of the afternoon was
taken up by Attorney Cormac in q mo-
notonous reading of the documents in
troduced at the prelim mary examination
of the murder cases in Australia. When
court ad journed he was still reading.
Charles Delaney's testimony was to the
effect that he had found the body, with a
description of the attendant circum-
stances. Delaney is Sidney constable.
Robert Slate Fielding, Sidney printer,
knew Preston and of some incidents con-
necting his disappearance with Butler.
Elias James Thorn pson deposed regard
ing Buffers advertising in the Sidney
Herald.
Arthur Jenkins, boy IA years old, saw
Preston and Howard, or Butler, get off a
train at Emu Plains.
Joseph Hall, a railway employe, saw the
same two men together at Chatsworths