The San Francisco call., 1897-10-24
butcher IS
LIKELY To
Be FREED.
Sentiment in San Jose
Is All With the
Youth.
SLEW BUT IN SELF
DEFENSE.
SChofield Had Threatened the
ChOreboy as Well as
His Wife.
EVIDENCE ALL TAKEN IN
THE TRIAL.
Argurents viii Begin on Monday
and Probably Consume
Two Days.
Schofieid Had Threatened the
Choreboy as Well as
His Wife.
EVIDENCE ALL TAKEN IN
THE TRIAL.
Argurents viii Begin on Monday
and Probably Consume
Two Days.
Special Dispatch 10 THE CALI.

SAN JOSE, Oct. 23.-The testimony in
the butcher trial is ali In, and at 3 o'clock
this afternoon an ad djournment was taken
until Monday morning, when arguments
before the jury will begin. To-day several
witnesses were put on in re buttal by the
prosecution, but their testimony was not
important. They told of a confession
D1tcher made to them Just after his ar
rest. and on the stand yesterday the de-
fendant admitted having made some of
these statements, but said they were
false The evidence presented at the trial
has shown Scnotield to have been a bully
and brutal usband and father, and has
created a great deal OF sympathy for
butcher. who claims he killed the rancher
to protect Mrs. Schofield's life and his
own.
The case will probably be given to the
jury Tuesday evening, and 1t is thought
butcher will be promptly acquitted.
Despite the rain the courtroom was
crowded again to-day. When court
opened this morning Attorney Scheller
asked permission to recall butcher TO the
stand, which was granted. butcher testi-
fed that on the evening before the killing
and Just before be shot at Schofield
through the door Mrs. Schofield told him
that Schoteld had abused and threatened
20 kill her. He said that in the morning,
when Schofield was looking for his wife to
kill her, he told Mrs. Schotield to run and
she said:
No, you run. for he said he was going
TO kill you on sight"
He shot at Schotield in the evening 10
protect Mrs. Schofeld's life and in the
morning he killed Schotield to protect his
own and Mrs. Schoheld's lives. He mad
in tended TO leave the Schofield place on
the morning oil the murder. butcher de.
MED that Mrs. Schoheld held the screen
door open in the evening so that he could
see to shoot Schofleld.
Eugene I. Sawyer testified that butcher
made confession on the road from Ma
drone to San Jose. He stated that butcher
said he ran past Mr.. and Mrs. Schoneld on
the evening OF the 9Th of August and got
the fife out OF the bedroom; that he saw
the shotgun there, but did not take il,
and that ne wlnt out of the front door,
came around to the dIning-Toom porch
found Mrs. Schofield and Irving Mann
and remained there a while. Wnen Mrs.
Schofield opened the door he saw Scho-
field seated in the chair and then cut
loose with the rifle. No statement of any
conversation with Mrs. Schofeld near the
Toulouse that evening was made by
butcher and nothing was said by him
about any conversation had with Mrs.
Scnofield on the morning before the fatal
shot was fired.
butcher told him that when he went out
of his room in the morning Mrs. Schotield
was near the barn and that Schotield had
been chasing her around the house with
the shotgun.
The witness said in answer to a question
that butcher said the reason why Mrs
Schotield opened the screen door was be-
cause he Outcher) could not see into the
room when the door was shut.
Similar testimony was gwen by Under
Sheriff Benson and Sheriff Lyndon. The
people then rested.
Deputy District Attorney Partridge will
open the argument on Monday morning.
He will be followed by Attorney Scheller
and District Attorney Harrington Will
close. The case will 60 to the jury Tues
day night.