The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-12-31
Two With eSSeS for the
Prosecution Testify
That Way.
They Are Subjected to a Tedious
Cross-Exannination, but
Stick to 1t.
Motion Will Be Argued to Strike Out
Mayer Mays Evidence for
Non Competency.

The preliminary examination of AL
bert Hoff, charged with the murder of
Mrs. Mary A. Clute, which was con-
tinued yesterday before Judge Joach-
imsen, was chiefly remarkable for the
squabblings between counsel and the
Judge, due to the persistence of the
attorneys for the defendant in asking
the same questions over and over
again. At one time Prosecuting At
torney Graham characterized the con-
duct of defendants attorneys as out
rageous and insisted upon the Judge
respecting his rights in the case.
The cross examination of Mayer
May, who testified to seeing a coup
ling pin in HOn's possession two or
three years ago, was resumed yester-
day morning by Attorney Schooler,
who attempted to show that Mays
testimony about the coupling pin was
prompted by i'll feeling and with the
object of injuring the defendant. The
witness admitted he had connected
Hoff with the murder upon the
strength of the story of the coupling
pin, which was printed in the newspa-
pCIS Oll lIlS Ody lOllONlliS Tic LlUIOeI
and before HOff's name had been men
toned.
May was cross examined at consid-
cradle length about his belief in spirit
ualism. He had once been an acknowI-
edged spiritualist, but of late had
dropped the subject, experience having
shown him that the science was be-
yond his full comprehension. Since
then he had been giving his attention
to psychology, but with little success.
SchOoler wanted him to experiment in
court, but he declined.
Your studies have unbalanced your
mind, have they not?" asked Schooler.
mo, they have not" retorted May.
Il am just as sane as you are
Then he was questioned as to being
in an insane asylum, and answered
that he was railroaded by the police,
without the opportunity of being eX-
amined by Judge or by commission
erS.
The trouble between witness and
Hoff was owing to the latter making
an insulting and indecent remark in
the presence of the witness wife and
daughter. He was then forbidden to
call again at the house.
When the examination was
concluded May was in a towering rage
anu Sdlu 10 Ills 1IltDUS III the court
room that SchoOler's questions were
grossly insulting. Schooler added fuel
to the flames by making a motion that
Mays evidence be stricken from the
record, on the ground that he was not
competent to be a witness. The mo-
ton will be argued when the prosecu-
ton rests.
J. G.. Zimbleman, 243 Sanchez street.
testified to seeing a coupling pin in
Hnff'c yr1li no
were working in a house on McAllister
street, near Cough. He had occasion
to open the sack to look for a nail.
Witness was subjected to a long and
tedious cross-eXamination by Attorney
Simpson as to the other articles he saw
in the sack, their size, condition and
character, which led to numerous bick-
erings.
L. w. Decker, tobacconist, 224 Rose
avenue, testified to being in Dierks'
grocery on Turk street and Van
Ness avenue the morning after the
murder. In the liquor portion of the
store he saw Hoff, Goepel, the shoe
maker, and another young man. AS
he entered Hoff made the remark: 1T
puts me in a very bad position. She
was a very nice lady" Then Goepel
said: You told me not to speak about
it and you talk all the time"
Witness asked Hoff, Are you a car
pet-layer?" and Hoff replied Yes"
Were you in that house, S03 Guer-
zero street, yesterday"
Il was there twice." replied Hoff..
Witness then said: THE best thing
you can do is to go down to Chief Lees
and give an account of yourself" and
Goepel said: You don't have to-"
Witness said: You will have to. Any
one there has to give an account of
himself unless he wants suspicion to
point toward him. Then Hoff said:
II guess l will" Witness did not no.
tice Hoff's hands, as he held them be-
hind his back. Hoff appeared nervous
and excited.
John A. Frers, grocer, 119 Seventh
street, testified to Hoff calling at his
store on the evening of the murder.
Hoff showed him his left hand, the
palm of which was cut. Witness asked
him how he had cut it and he replied
that he had picked up a plank from
the street, intending to give it to a
family for kindling wood, and there
was a rusty nail in the plank. which
cut his hand. Witness poured some
whisky on the wound and bandaged it.
Hoff looked little paler than usual.
William MohrNann, partner of
Dierks, the grocery testified to Hof
calling at the store on the evening of
the murder and shaking dice with him.
Hoff's left hand was injured and he
was going to tell witness how it hap
pened when some one interrupted him.
The examination will be continued
this morning.