The San Francisco call., 1897-10-26
Tribute From a Fair
SympathiZer With
butcher.
FaShionably Dressed Woman
Lays a Bouquet Before
the Lawyer.
Argument for the Choreboy's
Death.
Special Dispatch to THE CALI.

SAN JOSE. Oct. 25.-Argument in the
trial of Dan Dutcher for killing George w.
Schofeld was opened this morning by
Deputy District Attorney Partridge. Judge
Lorigan's courtroom was crowded with
spectators, an unusually large mum ber of
women being present.
butchers father and sister sat beside
him, while Miss Lena ScbofeId and Mrs.
Clark johnson, daug ghters OF the murdered
man, occupied seats near District Altor-
ney Scheller. just before the opening of
court pretty and stylishly dressed young
woman walked up and laid a beautiful
bouquet OF flowers on the desk before A.
torney Scheller, counsel for butcher, but
retired before her identity could be
learned.
Deputy Disiri Attorney Partridge said
he would open the case by going over the
testimony presented and would leave the
argument for District Attorney Herring
ton to make. He said the testimony of
Mrs. Schotield and butcher could not be
relied upon, for they had perjured them
selves at the CoroneT's inquest by telling
the story thew had concoct ed just after
the murder. They had lied then and why
would they not again lie at the defend
! He sail:
Was Dan butcher in fear of his life at the
] time he fired the fatal shot and was he afraid
| that Mrs. Schofeld would be killed? This is
the estiOn, gentlemen of the jury. you have
| TO answer. In answering this you Will deter
| mine whether butcher is guilty of murder in
| the first degree, the second degree or of man.
| slaughter.
In considering the question and arriving at
| an answer you Will lCok back TO the marriage 4
! Mrs: Schoteld with her husband. Mrs. scho-
! held knew her husband ten years before she
! married him. With this perfect knowledge OF
| him shg cast her lot with is. There is no tes-
| timony here 10 show any reflection on the
! murdered man prior TO his marriage with Mrs.
| Schoheld. Remember that Mrs. Schoteid
knew him well, and vet she comes here and
| there is testimony offered that within one
year after the marr age trouble began.
| Schoneld was twenty years the senior of his
vile. 1t is stated that ne was jealous man
and that the woman often abused. They
| have IL here that Schofeld had threatened his
vile with guns, knives, hammers and what
| not. but IT Is noticeable the man never put
| any of his threats iGtH execution He was
| bluffng lhen and blufi1g only. She stood
! this for years, or she knew he meant no
| serious harm to her. Schofield was forced to
| do this to make her behave herself 1t soured
his tempe as he had to be threatening her to
4 keep her from doing wrong.
HAD this woman sny more reaso on 10 fear for
| ner life on August last than at any time dur
! ing all the years past? She comes now ana
says she was efraid her husband wou d kill
her. II those stories be true, why had she suf-
fered> IL all these twelve or thirteen Years?
Why didn't she leave the place? ANY court
would have granted her relief Why did Mrs
sehotieid continue 20 live with the man? She
left him once-now why did she eturn 10 him ?
1t Is significant that she man lies ted nc fear
until she sad put a homestead Oh the place
and had then man take up the cudgel for
her. She had this defend ant ready to Kill
her husband. He was the man ready 10 wreak
vengeance.
Attorney Partridge contended that Mrs.
Sen ofield mad no fear of her husband, or
she would have left the place the morn
ing of the murder after her husband had
the line of the improba biliIy OF the
story of the defense. The defendant
and Mrs. Schofeld could have rendered
the gun harmless the night before the
murder had they so wished, and thus
prevented Schofield FROM doing any harm
had he SO Intended. He asked the jury
not to allow Its sympathy 10 be worked
upon by the pleas of defendants counsel.
and to find verdict according to law and
the evidence prod uced.
Attorney Scheler followed. He spoke
for an hour and a half and will conclude
his argument in tue morning. He claimed
tie killing was in self-defense. butcher
and Schotield had been friends up 20 the
night before the murder, and there was
no motive for the defendant 10 Kill the
rancher. As TO a conspiracy existing be-
tween Mrs. Schofield and butcher, he
said il was absurd. He saiG there was a
discre pancy in the testimony of the prose-
cUtion's witnesses, aud the evidenc ce
rendered to show that Du;cher killed
Schofield in defense of himself and Mrs.
Schoield