The San Francisco call., 1898-04-02

They also attempted 10 show by the wit nesses that Haynes was often teased nooteo at, stoned and was a prey for petty thieves in the neighborhood, all of which they denied or said that they had not heard of such stories.
 feter Rooney, the first witness ca-..ed sald ne was neighbor of the defendant; Haynes from 8:30 o'clock up to the time 1t occurred. he heard shots and then saw Burke stagger back along Peralta avenue 10 Montcalm and fall; that about a his elbow and fired shot toward Haynes cabin Wilkinson, Merchant, Marlowe and Kennedy were stationed on the northwest corner or Peralta avenue, but when the Snots were nred they shifted around. He saw MarloWe firing at Haynes when he came out to denver the other shots at the lieutenant and pick up his pistol, put could not see the others, and did not know where they went; L4Iat after Burke lay on the ground ten minutes Patrol-Wagon Driver Cashel pulled him down the hill assisted by tommy -dcGrath. He saw them put the wounded officer in a stretcher and then lift him into the pa trol-wagon.
 on crosS-examination, he said he had i1Ved Tn the neighborhood seven years, and S SneW Haynes since then. Attorney beyond tanglng him up on one or two thlngs, nothing O. importance was elicited
 John T. Graham. a grocer. residing at Precita and Alabama streets, told how Hopklns came into his store and con- pIalned or Haynes and of his telephoninS 10 the seventeenth street station, and of Kennedy and Wilson coming out on horse back. How Wilkinson returned to the patrol 6ox and telephoned for advice and or Burke's coming a short while after. The next he saw of the lieutenant was when he was on the patrol-wagon on his n a ina tion, he said he had known the defendant elshteen or twenty years. He denied that ne had ever seen boys throw stones at the defendant or that Haynes had ever com Iafned to him of his treatment. He also denied >-4at Haynes ever came down 10 his place to recover stolen property.
 Rooney was recalled and asked whether the boys had ever stoned Haynes' cabin but said he did not know of his own knoWledge, but heard they dlu.
 Robert Cole, residing at 3244 harrison street, was en called. He was nervous, and created some merriment bv his man, ner of testifying. He would place his hat on his chair and then stand up to answer, and when told to sit down would sit on his derby. Prosecuting Attorney Mogan was kept busy trying to prevent his wit ness from destroying his headgear.
 lie testified that he worked in the Green Valley livery stable as harness cleaner rom 6 clock in the evening till that hour next morning; that |, was his habit to eat breakfast and ta..e a stroll around the nelghDorhood -~-ore going to bed; that his attention was attracted by seeing two ofncers on horseback moving toward Haynes place, and that he starteu up that way, and met MT. Doody, a neighbor In company with him he reached a place of vantage and awaited develonments. lie then went over the old ground, mar rating tLe events that led up to the shoot ing
 He told of his standing 25O feet away ana listening to :! urke,s command to glve Tn ana Haynes excited replies; that Burke had his right hand in his pocnet and with his left hand threw back his coat, disclosing his badge of office: that Haynes warned him away and then. rals- ing his pistol, fire-, that the lieutenant drew his gun the same instant. when Haynes again shot; that Burke staggered pack and fired again. He then told he / Haynes had left his cabin and, stooping over tee lieutenant, picked up something and hred a few more shots. A,lorneV Sweeney succeeded in his cross-examina- uon Tn beWlldering the witae~s until he dld not know whether he saw the shoot Ing or whether was dream He made all Kinds Of contradictory statements and was in bad plight until rescued by the court.
 Haynes sat throughout the afternoon blinking his eyes and listening intentIv to what was being said. He woull confer with his attorneys, and at one point he raised a piping voice and asked the wit ness where he was standing. He was quieted by his counsel, and then lapsed into stoiclke attitude during the re- mainder of ~--e session. The case was con- unued until l. o'clock to-day, when fur ther testimony will q heard