The San Francisco call., 1898-08-12
POLICE MEN
 ON TRIAL FOR
 COWARD|CE Deserted Burke After He Was Shot. AN INVESTIGATOR BEGUN LEES DETERMINED TO SHIELD THE BRAVE" OFFICERS. Evidence to Show That They Feared to Arrest Haynes-Damag-
 ing Statement of
 Woman.
AN INVESTIGATORS BEGUN
LEES DETERMINED TO SHIELD
 THE BRAVE OFFICERS.

i Policemen Merchant, Marlowe, Wilkin-
 son and Kennedy, who deserted Lleuten- | ant Burke when he was shot and Killed I by Theodore Haynes, were DeIore lhe Eo- l lice Commissioners last night, chareeo
 with cowardice. The accused officers were
 represented by Senator Wolfe ana AS
 sistant District Attorney Dunne. Eugene
 Deuprey appeared as special prosecutor: Patrick Burke the brother Of the dead lieutenant, was present ana listened "ltn interest to the proceedings.
 Robert Graham, who conducts store near the scene of the shooting, testified
 that he telephoned to the police, as he feared that Haynes intended to kill some body After Lieutenant Burke arrived he cautioned him against Haynes, as he be- ueyed he would not hesitate to shoot the officer. Burke replied that he was able
 to take care of himself, and at once started for the tinker's cabin.
 Robert Cole the next witness, Sald that he was informed by a friend that there was trouble at Haynes cabin. He started for the place and immediately afterward Lieutenant Burke drove up In the patroI wagon Wilkinson and Kennedy were standing a short distance from the cabin The witness declared that he heard Rurke address Haynes asking him to surrender Officer Marlowe stood on PeraI- ta avenue and when Burke was Snol ne emptied his revolver at Haynes, put failed to bring him down: contrary 10 his testimony In the Police court, the witness declared that Marlowe did not retreat after Burke had been snot down. Cole admitted that he was on trlenuiy terms with Marlowe, but demeo lnat nt had been influenced by him to swear that he had not acted in coWardly manner The witness also saw Kennedy ana NH- knson fire at haynes. They were d con siderable distance away, ana Inade ohiy a faint attempt to aVenge the murder or the brave officer.
 John Hopkinson, who lives about seven ty-five feet from Haynes capln' teSuneu that he telephoned to the police that the lTatic tinker was on the Warpath.: WH- kfnson and Kennedy subsequently, aP- peared, and, after learning the cause Ct the trouble, proceeded to arrest Haynes. K ennedy went to the latter's cabin and rapped for admittance. Haynes threw open the door and placing his revolver under kennedy's nose ordered hlm 10 get out" Kennedy lost no time III complying with his request, and walking over 10 Wilkinson he told him of his reception Wilkinson then essayed to arrest the mur- derouS tinker but when Haynes aimed his revolver at him he promptly took to his heels. A few minutes later Burke ap- peared and was warned by the witness 10 look out for Haynes, as he was a dan gerous man. The brave lieutenant replied that he was able to take care of himself. and at once started for Haynes cabin. After he had been shot Marlowe and Ken nedy retreated to place of safety and began shooting at Haynes. Wilkinson got behind his house and blaZed away nt the tinker. MarloWe, after emptying his re- volver, called for somebody to take Burke's body away, as he was afraid to do it himself. He, however announced that he would "cover the door" to prevent the murderer from getting away. Hop kinSon then recounted how Haynes, who was his neighbor, fired two shots at him a short time prior to the killing of Burke.
 Mrs. Calihan, who witnessed the shoot ing from her house, swore that after