The San Francisco call., 1897-02-09

tn Numerous Found Among Buffers Bont
haIantly, and the crowd Uttered.

chalantly, and the crowd Uttered.
'Qd you handcuff him?nN
| 'NO; Egan and Ferguson did so under
| my directions. acted by order of the
Chief of Police"
| Did you call them to your assistance as
| Marshal?'
mo; a police officer. I went there
as a police officer and a United States
Marshal BOTH"
Now, sergeant, you referred to Sec
ond warrant When did you get that?"
II told you 1t was served on him IN
Lees Office the same day. 1t was handed
to me about or 10 o'clock"
"When, was it issued?'
81 don't know"
"Was it issued before the SwanhiIda
came into the heads pr
II think it was issued after the arrest"
Mr.. Cormac-Objection
Mr.. Black-As l understand it. the
| consul Will make application later, by
! which he will SEEK TO have certain articles
| referred 10 here taken away with the prjs-
oner l desire to know from the witness
| by what authority, how, when and where
these articles were taken. 1t seems to me
! proper course of cross examination.
| The court held that it was immaterial
! how they came there. As he understood
1t, these effects were found among the
prisoners luggage after his arrest in the
! pay OF Sdn Francisco ana therefore with
IN the courts jurisdiction.
Mr.. Black-'l wanted to find out when
that was done" He added that it was
necessary at the time of the issuance of
the warrant for certain facts to exist. The
first being the com mission of a crime; the
second the tact that the crime was extra
ditabie, and third that at the time the
person accused WAS within the courts jur-
isdiction. His point in this examination
was. therefore, obvious.
The court suggested that the words
"seeking asylum or found" contained in
the treaty, might be given a broad inter
pretation. Certainly if the prisoner was
arrested in the waters of the bay he was
within the jurisdiction of the judicial au-
| thorities of this district. Furthermore, he
could himself state from his own knowl-
edge that the complaint was made Febru-
ary 2, and the warrant issued abont a day
later. Under the State law 1t was ex-
pressly provided that when person was
brought before magistrate either with
or without a warrant, the magistrate
should see whether an offense had been
committed.
MIR. Black took xception and then re.
sumed cross-examination.
where" he asked, ''did you End these
various articles first?'
"On board the Swanhilda. was stand
ing by the main hatch when they were
brought 10 me. They were not on the
person of the prisoner, but he said they
were his. As far as l know they were in
his possession"
Who took them out of his possession ?"
Detective Silvey."
"1n whose possession are they now? ?"
''In the hands of the United States Mar
shal, Barry Baldwin,
You had no paper or writ authorizing
you to take possession of any of those
goods2"
Nothing further than the order of the
Chief OF Police and the Marshal
Had they any written order from any
body p
AZ don't know. 1 obeved their orders.
/ got my orders from the Chief of Police
OF this City and delivered them to Mr.
Moran, the property clerk of the Police
DEPARTMENT, and afterward to the Mar
shall"
DO you know whether they have been
IN any body else's possession? ?''
The witness explained that the Consul
General examined them, but that they
were In his (Bunner's) possession all the
time. They were in the same condition as
when he received them.
TO my knowledge" said Mr.. Black,
there was one paper which had Initials
on it."
II told you myself that they were there
And there was this pistol, which has no
number. He acknowledged 1t was his, and
to Identify it we placed the initials J. r.
upon it,
The prisoner Ashe here denied in
scarcely audible voice that he had ac-
know edged that the pistol was his.
81. R., continued the witness, Stands
for John Roche. With the exception of
two changes, the articles are in the same
condition as when taken. They were In
the forecastle, and he acknowledged they
were his property"
"Who carried them away2"
"All hands,
"Gou had no regular process?'
my authority as police officer.
should arrest him on the charge of muir.
der ard lock him up on that Charge"
THAT is all. ;"
when you took possession of this
property, said MIR. Cormack, did you do
so yourselfP'
"Yes, sir; it never left my possession.
L gave 1t to Mr.. Moran lor safe keeping,
but kept control of it. The Consul
General did not axe possession of it and
refused TO do so. l returned il to the
Mars hal and he and McHattie brought it
over to this building. The Consul put his
seal on it"
Mr.. Back-The witness says he took
possession under authority both from the
Chief of Police and the Marshal. What
was the ConsuPs seal put on it for?
1T was intended to give it to the Con-
sui, but after consultation with Judge
Morrow he ordered it to be returned to
this building"
Are the articles here the same you
took from him ?"
There are more here than were speci-
fed this morning. There is one article
missing and that is prayer-book. Some
one took 1t, l guess"
Prayer gone?"'
'Prayer-book gone" Laughter
Captain John McAllister of the British
ship Lang dale was the last witness called.
my ship" he said, "has been here
about six weeks. My residence is in Liver
pool. England. | was acquainted with
Captain Lee Weller, whom met first in
Sydney, n. S. W., and afterward in New
castle. | knew him for three or four
months"
Being asked to describe Captain Lee
Weller the witness continued: "He was
either 81 or 3S years of age and his hair
was black and curly. He wore a black
beard. but do not know the color of his
eyes. lie was little taller than l am, o.
about feet 81 inches. I don't know
where he was born of my own knowledge"