The herald., 1897-10-31
FOUND GUILTY
Jury Lays Mollie Phelan's
Death to CantWell
HIS MISTRESS HIS VICTIM
VERDICT AFTER FOUR HOURS
DELIBERATION
HIS MISTRESS HIS VICTIM
Testimony of Mysterious Man Who
~ad a Grievance Against Her
by the Defense

Theodore f. Cantwell was found
guilty of killing his mistress, Mollie
Phelan, in Judge Smiths court last
night. The jury was out four hours and
ten minutes
When the case was called yesterday
forenoon the prosecution continued with
the introduction of testimoney and the
first witness called to the stand was Otto
L. Knuth, proprietor and manager of
the Los Angeles house, 1873 and 135 East
Third street Knuth was repmitted to
say, in reply to question from Mr.. Nc
Comas, deputy district attorney, that
Cantwell and Mollie Phelan had occu-
pied a room in his house some time in
January of this year. Mr.. McCOmas be-
gan to ask question as to the relations
of the two and their manner of treating
one another, when ex-Judge Phillips,
the defendants S counsel, objected to the
line of examination as relating to too
remote time. Judge Smith sustained
the objection and Mr. Knuth retired.
FOUND DEAD IN BED
The preliminary examination testi-
mony of Fred Krantz, who lived at 600
New High street and worked as hand
polsher of wood, when here, but whose
attendance the prosecution had been un-
able to secure, was read and the matters
of particular interest therein were that
he had been introduced to Cantwell and
Mollie the day before her death. Wit
ness went to see John S. Bruner, at AIS
North Hill street, expecting to get work,
but was disappointed, in the afternoon
About half past three o'clock the next
morning he was intoxicated. He went
to the Richmond house to see Cantwell,
and found Mollie, Cantwell and Gala
CHER lying on the bed asleep. He did not
speak to them or attempt to awaken
them, but sat down on the floor about
eight feet from the bed. The light was
burning dimly and soon the witness fell
asleep. Some time later Gallagher woke
witness up by kicking him on the feet
and said to him, "Wake up, Fred! The
woman is dead" or dying" the witness
could not remember which. He felt her
hand and it was cold, as though she had
been dead quite a while. Afterward he
went out into the hall and talked to
Brendler, manager of the house. Galla-
CHER and Cantwell went down stairs.
Witness said he had known Gallagher
about six years, but had never seen
Cantwell or Mollie Phelan till the day
before her death.
Mr.. McComas then said: "The people
rest"
FOR THE DEFENSE
DR.. w. NJ. Johnson of 1915 West Pico
street was called as an expert by the de-
fense and said he had been surgeon at
one time for the division of the Santa
Fe which runs through Williams, Ariz
Had also assisted at autopsies. Witness
had practiced as a surgeon and physi-
clan of the regular school for ten years
and was graduate of the University of
Michigan.
DR.. johnson said that apopleXy is usu
ally caused by a rupture of a blood YES
sci. In the case of an alcoholic person
apopleXy is more apt to occur than in
one of normal condition. The drinking
Of alcoholic stimulants changes the
walls of the blood vessels and brings
about what is commonly called fatty
degeneration. clot of blood on the
brain, caused by the rupture of blood
vessel is apopleXy and, in alcoholics,
blow would not be necessary to cause
rupture. Sudden excitement might
bring it on. ApopleXy, said witness, Is
generally caused by either excitement
or congestion of the brain, due to over
work. Witness said that a rupture of
the middle or main menengial artery
would be apt to produce death moro
quickly than in the other arteries. A
surgeon should be able to ascertain
which part of the brain was ruptured.
The nearer rupture is to the medulla,
or lower brain, the more sudden will the
death be.
Witness remembered the case of a
man named Lewis who fell from barn
down on his head and lived for six
months. A clot was formed first and
this afterward turned into an abscess.
The witness was permitted to testify
as to the reputation for peace and quiet
ness of the defendant, whom he had
known in Williams, Ariz., and he said
it was good.
Lewis Rees, saloonkeeper at 65S
South Main street. got as far as telling
that he knew Cantwell and Mollie Phe-
Ian and was stopped right there by OBJ
jections from Mr.. McComas.
A BASHFUL WITNESS
Marguerite Romarez, roomer in the
Richmond house, who was witness for
the prosecution on Friday, was called
by Attorney Phillips. The witness said
she heard disturbance on the morn
ing of the day before Mollies death.
The trouble appeared to be either in
the hall or in a room TO the right of the
front stairway. In the evening she saw
Billy Gallagher Mollie and two strange
men in room 90 They were fighting.
That was about o'clock. Cantwell was
not in the room and Gallagher and the
other men were treating Molie.
On cross examination the witness
said she had been chambermaid in the
Richmond house for about year and
five months. During the troble in room
20 Cantwell was gone for beer Mollie
cried out and witness heard it as she
went up the stairs. Brendler had prob
ably not heard it or he would have
stopped it, said the Witness although
she met him on the stairs. Brendler was
going out of the house then. Witness
went to her room and afterward looked
into room 20, because Mollie called her.
Witness told Brendler of the trouble
afterward. but everything was quiet
then. Brendler looked into the room
Mollie was sitting in a chair then. Billy
Gallagher was lying on the bed..
Miss RomareZ was cross-examined
sharply by Mr. McComas as to why she
had not told of the incident just re-