The San Francisco call., 1898-12-15
Mrs. Mentel's Defense
 Is Outlined.
BRUISES ON HER LEFT ARM
CASE AGAINST HER IS LACK
 ING IN STRENGTH.
Prosecution Fails to Develop Any Convincing Proof of Premedi- tated Murder-Will Close
 Friday.

The preliminary examination of Mrs. Anna Mentel was continued before Jus tice of the Peace Morris in Alameda yes- terday morning, and the last but one of the witnesses for the prosecution heard. The remaining witness, John M. Dickson of 106 Powell street. San Francisco, failed to put in an appearance, and when court adjourned at $40 p. m. the Judge issued an order for him to appear at 10 o'clock Friday morning. So far the prosecution has not developed the strength it was credited with. and the District Attorney apparently did not try to draw out his witnesses, which, of course, was very pleasing to the defense.
 One witness for the defense was on the stand yesterday. pr. w. $. Porter, the physician at the Receiving Hospital in Oakland, testified that he examined Mrs. Mentel the morning after the shooting and found black and blue marks on her left arm and an abrasion of the left elbow. The latter injury may have been caused by a blow or a fall, and was ex- tremely sensitive to the touch. He did not find any marks on her body.
 Sergeant John Conrad of the Alameda Police Department testified that when he arrived on the scene of the murder a few minutes after the shooting Mentel lay stretched upon the sidewalk, with his right hand partly in his trousers pocket, the larger knuckles being in plain view Other witnesses had testified that the hand was buried out of sight in the pocket, and this has been regarded as proof that Mentel had been stricken down before he had time to defend himself and that therefore he could not have been in the act of assaulting his wife when he was killed. But the feature of Conrad $ testimony was the report of the conYersa- ton he had with Mrs Mentel as she was being conveyed to Oakland after her ar rest.
 T asked her." he said, why she shot her husband, and she answered:
 If you were a woman and a man struck and knocked you down and threat eened to choke you, wouldn't you shoot
 The defense claims that this reply. given before the woman had an opportu- nity to concoct story and while she was caused by the tragic event immediately preceding, goes far to prove that she had been assaulted. Conrad also testi- fled that, in response to further questions as to what her husband said or did to cause the shooting, she said t was ''too horrible to mention.'
 Detective Herbert of Oakland also tes- tlned that he asked about the cause of the shooting. She said her husband could tell him all about it. She thought at the time Mentel was alive.
 Drs. Lubeck and Reyes of Alameda, who attended the woman and performed the autopsy on the body of the deceased, received similar answers from her. The physicians also described Menters wounds. The fatal bullet entered near the left temple and came out about two inches above the ear on the right side of the head. The other bullet entered the left breast near the breastbone and ranging upward passed out near the point of the left shoulder, causing merely a flesh wound. The skull was fractured in four or five places, evidently caused by a fall after the man was shot. The physicians also said there were powder marks on the head and body, indicating that the shots had been fired at close range.
 Defendants attorney endeaVored to show in the course of his cross-examina- ton of witnesses who handled the corpse that the body had been dropped while be- ing put into the Morgue wagon, but Dep uty Coroner Fowler and those who assisted him were positive that nothing of the kind occurred
 Among other witnesses examined were F. M Looney, William Hemken, w L. Smith and J. N. Ansel. the latter a brother-in-law of the deceased, but their testimony was unimportant, except as corroborating that of witnesses who had preceded them in regard to seeing the dy- Ing man lying on the sidewalk. The case will be continued Friday at 10 a. m.
 It is the intention of the attorneys for the defense to ask to have the prisoner admitted to bail when the court convenes Friday. If this is refused a writ of ha- beas corpus will be applied for and the question argued in the Superior Court