The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-10
FIGEL'S CASE In
COURT AGAIN
Testimony Being Taken on
the Charge Of
Murder.
Harry Hoffman, the Brother Of
the Dead Man, Put on
the Stand.
Officers Russell, Moran and Colen,
and e. 'Ferrenbaoh the Other
Witnesses.

The preliminary examination OF Theo-
dore A. Figel on The charge OF homicide
was resumed in Judge Campbelps court
yesterday morning. officer Russell was
the first witness called and he explained a
new DIAGRAM which he had made of the
premises of Hoffman, Rothchild q Co.
Harry Hoffman, brother of the de-
ceased, testified that he had seen Isaac
Hoffman the night before his death, and
that he was in good health and spirits.
He said bis brother was right handed and
never owned or carried revolver. At
torney Loud erback objected to this evil
dence as being negative, and claimed
that it could not be offered to prove that
Hoffman had not carried a weapon on
the night he died. He cited decision
from the Supre me Court in support of the
objection. Judge Cam pbeiI overruled the
objection, saying 1.-The Supreme Court
proba bly, does hand down some good law,
but the decisions don't cover all cases.
Common sense rules my judgment, and
when l admit evidence my action is
backed by reason"
When Night Watchman Ferrenb bach was
put on the stand Judge Murphy asked
that he be sworn. Juuge Campbell said
that he had been sworn before ard asked
if the attorneys were going back on the
proceedings at the offices of Hoffman &
Rothchild. Mr.. Murphy replied that he
considered them perfectly legal, but that
he wished to have Mr.. Ferrenbach re-
sworn.
General Barnes then objected to the
witness being examined on the matters
which had been touched on in his testi-
mony at the store,~~and said that the
taking OF the defendant and witness to the
scene of the alleged murder had been OBJ
jected to by him, but if the proceedings
were regular as the prosecution claims,
the testimony of the witness taken at that
time could not be gone over.
The court overruled the objection and
Ferrenb bach went over his story as to how
he had discovered Hoffman on the even.
ing he was shot. He further testified that
on that evening he met tlgel returning
to the store at about :10 saw him meet
Hoffman and the two go toward the door
of the store. He located on the diagram
the places where he had found the body,
pistol and a bunch OF KEYS. The property
clerk OF the Police Department, ]. F.
Moran, was examined and showed TO the
court the revolver found in the converse
tion-room, q hat, bunch OF keys and a
number of articles found on the body OF
Mr. Hoffman. He identified the revolver
and watch, but when questioned by At
torney Ach said he could not swear that
the keys and other articles were the same
which had been given him by Officer
Shaw, who bad delivered them into his
keeping He said they had been out OF
his possession several times; they were in
evidence at the Coroner's inquest and De-
tective Crockett had them Tor some time
He had made no marks on them whereby
he might identify them, and while to the
best OF his knowledge they were the same
he had received originally he could not
| swear to the fact.
On cross-examination General Barnes
| brought out the fact that the witness had
| closely examined the revolver when it was
given to him and there was blood on it, on
| the left side of the barrel principally, but
| extending back to the guard. Attorney
| Ach, in the redirect examination, ques-