The San Francisco call., 1897-10-17
Judge Lorigan'S Court
Packed With Spec
tatOrS.
Four Witnesses Examined and
important Testimony
Given.
Story of the Killing and Finding of
the Body Makes the Prisoner
SQuirm.
Special Dispatch to THE CALL


SAN JOSE, CAL, Oct. 16-The trial of
Dan butcher for the murder of Rancher
Schoheld filled Judge Lorigan's court
room with spectators to-day. Four wit
nesses were examined and some import
ant testimony was given. DuIcher APP
peared uneasy at times as the witnesses
relaled the story of the killing and the
finding OF the body. Beside Dutcher sat
his sister. An unusually large number OF
ladies were pre- enJ to-day. From indica-
tions the trial Will last lully two weeks.
Charles Wright resumed the stand a.
the opening of court this morning. He
sald Scotieid's face and forehead were
slightly cold when he touched them; the
oocy was lying close TO the woodshed and
within about foot from the door, with
the head toward the north; the feet were
nearer the shed, two or three feet from
the door; it was lying mostly on the
right side, with the face turned away
from the shed; it was between 7 and
O'Clock when he saw The body
The principal portion OF the blood
was north of the head; there was
sort of paving of brick there
bleeding slls htIy under the eye; the blood
was oozing out, not running in a stream :
there was a muzzle-ioading double bar
relied shotgun lying by the body with the
muZzle pointed toward its feet; the gun
was on its side; the hammers were down
and witness did not think the gun WAS
cooked. SChotield's hat was lying inside
the door. Saw Dan butcher that morn
m q N rat
of the shooting about 6 o'clock. Melonson
and Price were there when he arrived.
John JuareZ was the next witness. II e
was at the Schoheld place on the morning g
of the shooting. He was driving four
horse team TO Almaden and stopped be-
cause Menke's wagon was standing in front
of the place. He saw Dan butcher, but had
no talk with him, except to answer firm
atively when asked II witness wanted TO
see the body. Mrs. Sclofeld was sitting
on the steps of the porch a, the time.
On cross-examination he was not able to
tell any OF the distances or the exact posi-
ton with reference 10 either the gun or
theboiy. II admitted that he had got
changed around as regarded the butt and
the muzz!e of the gun. He thought at
first that the muZzle was the part which
is placed AGAINST the shoulder in shoot
ing. He could not say whether the sheet
over the face was folded or not.
Philip Melonson's testimony was SINH
lar to the above.
Albert Price was next examined. He
was one OF those who arrived at the Scho-
field ranch on the morning of August T.
He had known Schofield Sigh ly; had
met Mrs. Schofiald aud Irving Mann, but
had never seen butcher prior to the shoot
ing. Irving Mann came by witness home
at 80 o'clock and sa ID his father had
been killed. Witness got TO the Schofield
IL. Alnfs IL
there; thought butcher came on the porch
shortly after witness arrived; Irving
Mann was not there then.
Price said h looked at the booy and
felt the back of the head; observed blood
al a little distance from the north of the
head, toward the ravine; quite quantity
of blood flowed while he was there; a
large spread was put over the body after
he arrived; DR.. Higgins and Constable
Fay came about g.; nothing was moved
up to that hour; Fay took up the un
and looked at il 10 see if 1t was loaded /;
witness saw that the hammers were down
and that the gun was loaded; went into
the dlning-room with Mrs. Schofeld and
butcher; they invited him TO come in
and the three engaged in conversation ;
Mrs. Sch ofield explained things and so
did butcher; on the porch the former
told witness her husband had been shot
at the night before and asked him in so
she might explain how 1t happened; saw
two holes In the window, one much larger
than the other; the hole through the wire
was about on line with the smaller hole
in the window; Mrs. Schofield said the
bullet struck the rocking chair before
going through the window; saw a dark
discoIoration on the porch door cas-
ing; it smelt very much like gun.
owder; Mrs. Schofield said her
husband was sitting in the rocking
chair in front of the north window
reading newspaper when the shot was
! fire on the evening of the 9th; she said
| she was on the porch at the time; broom
was n her hand and she had Just opened
the door TO return to The dining-room; the
| inner door was then open; when the shot
was fired she said she Immediately wen
in and shut the door; butcher was then
on the lounge on the western side of the
! room; Mr.. Schofield said to her: care
you shot?' She answered: mo" NJ $.
Schoteld then asked: "Are you shot p
District Attorney Harrington then
asked this leading question: "Was there
anything said about shooting on the out
side by Mrs. Schoteld at that time in the
presence of DuIcher?"
Yes, sir; she said there was mar
outside shouting and cursing and throw
Ing stones on the roof, saying amone
other things, If l don't get you to- nigh
I'll get you tomorrow.
Adjournment was then taken unit
| Monday morning.