The record-union., 1897-04-24

prison, are unanimous that this was
the most successful hanging of the Sc
ries. There have been in all fourteen
executions at San Quentin.
The crime for which Frank Kloss to-
day suffered death occurred on the
morning of April Is, 1895, within week
after the murder of Minnie Williams by
Durrant in the Emmanuel Baptist
Church on Bartlett street. The victim
was William Deadly, ward politician,
we'll known in the Western Addition as
Billy Deadly He lived with his fam
lily at 534 Hayes street. He was the
son of Deadly, who was the Superin-
tendent of Public Squares four years
ago, and once was gardener of Jefferson
square.
The scene of the murder was foods
saloon on the northeast corner OF
Hayes and Laguna streets. Several OF
the hangers-on had quarreled and the
end of the disturbance came shortly
after midnight, when KlosS stabbed
Deadly to death. Deadly had fallen
asleep in an armchair braced against
a tier of whisky barrels. The bartend-
er wanted to close the saloon, but
could not arouse the sleeper. kloSs,
with the bravado of a drunkard, said
he would awaken Deadly, and before
any of the men present could interfere
drew a knife from his pocket ana
plunged the blade twice into Deadly
neck One Wound was just below the
right ear and the other was a little
further down the neck. In each case
arteries were severed. Death ensued in
few minutes.
A few minutes later officer Cochrane
reached the saloon. He found the muir
derer standing on the sidewalk near
the side door on Hayes street. Cochrane
asked him about the trouble, and Kloss
replied that he had killed a man.
Kloss' trial was long and tedious. His
attorneys admitted the murder, but
pleaded insanity. The trial was con-
Guided in Judge Bahrs' court the fol-
lowing November. The jury found
Kloss guilty of murder in the first de-
gree. Next day one of the jurors, Isaac
Leipsic, said the verdict was wrong. He
said he had agreed to find for murder
in the first degree, provided the pun
ishment should be made Imprisonment
for life.
Shortly afterward KlosS' attorney as
certained that a Dr. z. Robbins had
treated Kloss at the time he was in
jured at the Orpheum, where he had
been employed, and predicted that he
would always have a mental weakness
as a result of his injuries. The APP
peal to the Supreme Court was, there
fore, based on the two points, that one
juror had not agreed to the verdict of
capital punishment, and that DR.. Rob-
bins evidence was newly discovered
and important testimony. The court
held that DR.. Robbins testimony could
be considered only as cumulative, in
stead of as newly discovered evidence,
and that Juror Leipsic's objection to
the verdict had been made too late.
This decision was rendered last jan
uary, having been pending for nearly
a year The court found that Kloss
had had a fair trial, and the judgment
of death was therefore affirmed.
The death sentence was again passed
upon the defendant, this time by Judge
Cook. He was removed last month to
San Quentin Prison. after having been
Durrants cell mate in the County Jail
for a long time.
The next and last step to save the
murderers neck came last week, when
Attorney Wilson, Kloss' attorney, ask
ed Governor Budd to commute the
/ death sentence on the ground that
Kloss was not Of sound mind when he
murdered Deadly. The Governor re-
fused to interfere