The San Francisco call., 1897-02-20

not be deemed necessary to hold in favor
OF the prosecution.
ne prisoner will take the stand" said
Mr. BLACK suddenly, and there was an i'm
mediate revival OF interest among the
spectators.
MI. Cormac wanted to know the pur-
pose OF the examination. Was it to be
ior general purposes or only with regard
to this assignments
ut IS our DESIRE" replied Mr.. Black,
ITO ask him only about three questions,
not concerning The bill of sale l can
fully explain what l want TO ask if the
court desires"
The prisoner being directed to take the
stand rose clumsily and after taking the
customary oath with hand uplifted and
apparent unconcern sat down comfortably
and awaited developments. Deputy Mar
shall Gallagher followed his charge to the
witness-stand and sat down by him.
Mr.. Black having obtained the photo
graph referred to as representing Mrs
Lee Weller handed it 10 Ashe and said:
Prisoner, you heard previous witness
in this case make a statement that you
said to him that this picture was the pic
ture of your wife 2'
II did not say SO, replied Ashe calmly.
WAS it fact?"
ut was not"
Did you ever make such statement? 2"
Never"
Prisoner, you heard certain testimony
CONCERNING a white powder found in your
hat?"
Yes"
do you know of any white powder be-
Ing IN your hat prior TO your arrest?"
II DO not. l did not put any white
powder there"
You came to the port of San Francisco
on the ship Swanhida?"
Il did"
w here were you bound Pr
"San Francisco
From there whereP'
Home to England
Had you any intention of remaining in
San francisco or the United StatesP"
Then the statement made by the cap
tam OF the ship, that you desired to get
on at once, was that true2'
Il object" cried Mr.. Cormac."
Take the Witness"
Lee Weller is your name ?' asked Mr..
Ccrmac
The court, failing to hear the prisoner,
asked, What nameP'
lice Weller"
That he added hastily sis the name
shipped under"
us 1T your nameI" asked Mr.. Cormac.
II object" cried Mr.. Black "The ques-
ton Is lmmaterial and incom peten:."
60, HOW long, continued Mr.. Cormac
'have you been known as Lee WellerP1 )
II object" from Mr.. Black.
THAT is no objection" said Mr.. Cormac
sharply. You must state the point of
your objection
THE prisoner" replied Mr.. Black
promptly, has been asked no question
by counsel as to who he was other than
that he was the prisoner, and l submit
that an investigation as to what his name
IS or has been wbnIlu inn aI Il :.
not cross-examination."
Inc court think, perhaps, you are
right. 1t IS certainly not desirable to
open the door to an investigation as to
what his true name was.
Is al" said Mr. Cormac.
The prisoner left the stand and had AL
most reached his seat when Mr.. Black be-
thought him of several additional inter
rogatories.
Did you leave the ship swanhilda of
your own free will?''
Yes, came the unhesitating reply.
But this didn't suit Mr.. Black t'Think
before you answer" he said warningly.
course"
Mr. Cormac then called Sergeant Bun
ner, Detective Roche, Detective McHattie
and Constable Conroy in rebuttaI OF the
prisoners testimony, denying that he ever
referred to Mrs. Lee Weller as his wife
All IOur were emphatic in reafirmin @
that the prisoner had so stated in their
presence, and all four stigmatized his
present denial as untrue.
Conroy, Roche and McHattie were AGAIN
called by the prosecution to give further
evidence in the Lee Weller case and to
Identity the various articles found among
the prisoners baggage as having belongsd d
to the murdered man. Mr.. Black sub
Iected the three witnesses to a very search
ing cross-examination, in which he sought
to obtain definite explanation of fhe
necessity for particular ariicles at the trial
in Australia and the exact grounds upon
which the witnesses based their conclu-
slons that such articles originally belonged
to Lee Weller.
Roche went through the ordeal without
hinching, and expressed his conviction
that nearly everything found in the pris-
oner possession was stolen property. He
also informed the court that some of the
articles belonging TO Lee Weller were
stolen from their owner before the date of
the murder, during Weller's brief stay at
Sydney lodglng-house. All this testi-
mony, however, was subsequently stricken
out by order of the court as entirely ir-
relevant TO the present issue.
This closed the case on both sides. areu-
ment being set for Friday morning next
al 10 o'clock, when Mr.. Donohoe will ad-
dress the court for two hours and Mr..
Black will follow for a similar length of
time or even longer.