The San Francisco call., 1897-10-21
Was Pursued by Her Husband
When the Choreboy Fired
Upon Him.
OPENING OF THE CASE FOR
THE DEFENSE.
JWnl Atte mpt to Prove That the
4 Killing of the RanCher Was
JuStifiable.
Special Dispatch to The CALL

SAN JOSE, Oct. 20.-The story Of the
Schotield murder was told to-day in all its
tragic details. Attorney Scheller for the
defendant Dan butcher. made an opening
statement which was replete with sensa-
tional china xes, and which worked strong
~ upon the emotions of the men and
women in the courtroom, as it represented
Schofeld as a brutal man who had on
many occasions endeavored to kill his
wife and children, and met his death while
pursuing his screaming wife with a shot
gun raised and ready to fire. He pictured
Dan butcher as a chiyalrOus knight, who
took a life only to save the life of de-
fenseless woman.
Scheller said he would prove that about
fifteen years ago Schofeld married the
woman who was jointly indicted with the
defendant; that during all these years he
subjected her to the most cruel and brutal
treatment; that he threatened her life
more than a thousand times, both IN the
presence of his IA miy and of strangers;
that these threats continued almost daily
up TO the moment when he lost his life
a few days before the tragedy, the at
torney declared, SchofeId threatened to
xiii his wife and the entire family unless
she would sell their home and give him
the money to go to klondike. To use his
own words he intended "to become a sec
ond Dunham."
On the morning preceding the homi-
eide Schoheld, in the presence of the de-
fendant and in the presence of his family
and without any prOvocation on the part
Of Mrs. SchOheld. threw a knife at her
head because she would not turn over to
him the homestead, and when the knife
tailed 10 do its work he choked her and
threw her to the floor and then began
TO drag her to the bedroom, declaring 1t
his purpose to kill her. When her To-
year-old son, Irving Mann, Interfered,
Schofeld threw him against the bedslead
anu then kicked him out of doors.
ScheIler then described the battle be-
tween husband and wife on the evening
previous to the murder and stated that
Mrs. Schofeld had fed from the house in
order to save her life. and it was when she
returned to save her children that Dntcher
fired the first shot at Schofeld to prevent
him from executing his threat 10 take
her life. He gave a brief outline of what
he alleged occurred on the morning OF the
tragedy, relating principally what Mrs.
Scho6eld gave subsequently in her testi-
mony.
Mrs. schofeld was very calm when
called to the witness stand. 1t took the
entire day for her 10 tell her story ana
answer the many questions propounced by
the District Attorney IN cross-examina-
ton, but she bore the ordeal well. After
giving an account of her marriage to
Schohe!d and a short history of their
married life. she came to the incidents
cOnnaptpI with nf A
She repeated her story of the difficulty
between herself and her hus band, arising
over her refusal 10 sell her homestead
night to the Llagas property or to allow
her husband to burn the house in order to
ralse money for him to go to Klondike.
On the evening prior to the murder her
husband, she said, had made a desperate
effort to xiii her, and it was then that in
seeking safety IN the woodshed she had
! told all her troubles to Dan butcher, and
butcher promised to protect her.
When she returned to the house Scho-
field was seated in a chair with his gun in
his hands. She told him to put il down,
but instead he raised 1t at her. AT this
point butcher, who had followed her,
fired, the bullet striking Schofield's sleeve
and passing through the window.
Her husband then became somewhat
paclhed, and asked VINO had fired the
shot. She said butcher had, and then
the rife. DuJcher refused, and said he
was going 10 Leave the place Scbofeld
said he would kill butcher on sipht hnt
retired for the night.
The next morning Schofeld said he was
going to Morgan Hill to have butcher ar.
rested for stealing his rifle. While sne
was making coffee for hin he slapped her
because she did not give him his bottIe
OF whisky instead. She said to him:
you'll not slap me again, for if Won do
wall have you arrested
He replied: You'll never have me ar.
rested, for l will kill you this very morn.
ing.'
He went again for the gun. She ran
out of doors and called Irving Mann. who
had got up and was in the yard, telling
him to look out. that Schofield was after
her. Irving Mann ran over into the or
chard, while she ran out between the two
houses. She heard her hus band on the
slds porch and he seemed to be coming IN
her direction, so she changed her course
and ran toward the bridge over tho ravine
by the shed.
When near the shed she heard some
one behind her. She ran into the sh ed
looked out OF the window and saw that
the man was butcher and that ne had the
rifle. He had heard her scream, Jumped
up, saw Schofeld on the porch, then ran
pack, hurried on his clothes, came out
again and saw her running toward the
shed. He asked her 10 run, and she said
she couldn't on account of her spine. He
kpeerd footsteps coming from behind the
Voolhouse, and knew it was Schofield.
>phe and Duicher moved back so he
could not see them, and when butcher
saw the head of Schotield in the doorway
of the shed with the gun raised to fire he
discharged his rife, and Schotield fell.
,Sbe went TO the body. and was SO excited
bVrr the occurrence that they concocted
the statement they at first gave out to ac-
count for the killing.
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