The San Francisco call., 1898-01-15
Evidence Taken in De- fenSe of the Baden
 Murder Suspect.
Seeks to Prove He Was in San Francisco When Andrews
 Was Slain.
Case Will Probably Be in the Hands of the Jury by Noon
 To-Day.
Special Dispatch to The Call.

REDWOOD CITY, Jan. 14-The evil oence for the people in the Baden mur- der case has been taken, and the de- 1ense this afternoon commenced the introduction of testimony Attorney Nagle made an attempt to prove an aibi for his client Winters The taking of testimony will probably be completed by tomorrow noon, and a verdict may be expected by night,
 Patrick Ferriter's brother John to- day corroborated in every particular the testimony of Patrick Ferriter and James McNamara as to what took place in the Grand Hotel on the morn ing of November r. He had got a good look at the face of the robber, and he identified Winters as the man. Terri ter was asked to look at the defendant and see if he positively identified him. He replied, Hes the man.
 Constable Fred Desirello said he saw Winters in company with Raymond about g o'clock on the evening of the 16th of November, in front of the Ar cade Hotel in South San Francisco. He followed them as they moved about and saw them go in the direction of the Grand Hotel. Thomas Riley, a labor CT at the packing house, saw Winters and Raymond about half way from the packing house to Baden, the dis tance being about mile between the two points. This was on the afternoon of the 16th of November, the day be- fore the murder. and between 23O and 3:3O o'clock. He identified Winters, and, upon the production of Raymond in court, recognized him as the other man.
 Richard Connolly. the man who was shot that night. identified Winters as the man captured in the hall of the ho- tel.
 Mir Nagle, counsel for defendant presented an affidavit of defendant asking for a continuance to procure the attendance of MT. Hammond of the Weather Bureau for the purpose of showing at what time the moon rose and set on the night in question. The court denied the motion, remarking that he would take judicial notice of that matter and instruct the jury ac- cOrdingiy.
 Attorney Nagle then made his open ing statement to the jury. He said he would prove an alibi, and that Win ters did not own the pistol introduced in evidence against him. He then made an offer of the Grand Hotel in Baden in evidence for the defendant which caused considerable mirth in the courtroom. Nagle asked that the jury be taken there to view the premises. The court denied the motion.
 In support of his alibi the defendant called Charles George, who testified that he saw Winters in San Francisco about the 18th or 17th of November last, but was not sure of the date An other witness about as satisfactory, in the person of Charles Sleigle, testified that he saw Winters couple of months ago in San Francisco, but could not remember the date.
 The defendant then took the stand in his own behalf, and had just com pleted his direct examination when court adjourned. He testified that on the 16th of November he left San Fran cisco and went to Baden looking for work. He went out to the packing house, but was unsuccessful in getting employment. There was another man with him whom he met in Baden, and who went with him to the packing house-a stranger to him. He never saw Raymond in Baden. On his way back to the town he met man driv- ing a grocery wagon and asked for ride, which he received as far as Ba- den. From there he started for San Francisco. When he got to the Grand Hotel he stopped and got a glass of beer and some crackers Having fin- ished his repast, he started on again for San Francisco. That night he met Charles George. They knocked about from saloon to saloon until about n o'clock, at which time he went to the salvation Army quarters. on New Montgomery street, and slept in a five cent bed all night