The San Francisco call., 1898-03-19

before Mrs. Cute met her death at the hands of the assassin, was on the wit some mating on the floor of one of the rooms of the flat, and when he had fin ished his work he left, carrying his tools with him. He testified to having left the house about 4:55 D. m. on the day of the murder and going to S33 Schrader street to do some work, but when he got there 1t was too dark to do much and he went home to 27 Railway avenue, walking over the hills. Attorney Schooler, in cross examining the witness, was particular as to how he left the house and how. he car ried his bundle of tools, hoping to make 1t appear that Hoff had been mistaken by several of the preceding witnesses for Foley.
 Schooler asked the witness if he had any feeling in the case, and the reply was that he had none
 Don't you want the defendant to be found guilty?'' asked the attorney.
 No, sir; l do not think so."
 Don't you know that if he is found guilty 1t would divert suspicion from No, sir"
 Don't you know that there is suspi- cion against you?"
 No, sir, not bit"
 case?"
 These questions were fired at the wit ness by the attorney, roaring at the tor of his voice and standing over the witness and shaking a threatening finger at him
 
 the witness, but Prosecuting Attorney Hosmer objected to the manner of the attorney and he asked that Schooler be ordered to deport himself in a more be- Judge Cook directed the attorney to take his seat
 Do I understand that the court rules that cannot examine this witness while standing?" demanded Schooler. Have no right to stand?"
 The court has the power to order you to take your seat whenever the court sees fit to do so. I think this cross-ex- animation has gone far enough. Still if there are any more questions to be asked you may proceed"
 ,. We except to the action of the court in ordering me to take my seat" said Schooler, jumping from his chair as soon as the court had ceased speaking.
 Take your seat, sir" ordered the ner." 0p'' ins'n schooler asked a few more questions as to the witness feelings in the case, and Foley was allowed to go.
 had put down the carpet in the front room of the flat the day before the mur- der took place.. testified that while he was at work in the house he saw no coupling pin In any of the rooms
 c. w. Mark. vice-principal of the Ev- erett Grammar school, testified to hay ing summoned a physician when he was notified by MT. Legg that a woman had
  Guerrero street. Mark was engaged in telephoning to San Jose when he was told of the tragedy, and several opera tors of the telephone company were sum moned to fix the time at which he was at the telephone so as to better estab- fish the time at which the crime was committed.
 Henry Niemeyer, the clerk of the Lin dell House, where Hofff roomed,. testified to Hoff having arrived at the house at about 5:45 on the afternoon of the mur- der with his bag of tools and after put ting it in his room went out He showed the witness a cut in the palm of one of his hands, which he said he got from tack that afternoon.
 Policeman Feeney testified to finding the coupling pin in one of the rooms. of the fiat where the murder took place and said it was smeared with blood when he picked it up. The blood was not quite dry on 1t when he took 1t up, and he got some of it on his hand.
 pr. T. G. Inman, who responded to the call of C. w. Mark, told of the position of the body when he arrived at the house and described some of the wounds he saw on it. He was on the stand when the court adjourned.