The San Francisco call., 1898-08-13
REITERATED
 BEHIND 4
 HIGH FENCE CoWardiCe of Burke's Companions. RAN FROM THE SCENE FURTHER INVESTIGATION INTO THE MISSION TRAGEDY. Evidence to Show That the Men De- serted the Brave Lieutenant
 After He Was Shot
 Down.
RAN FROM THE SCENE
FURTHER INVESTIGATION INTO
 THE MISSION TRAGEDY.

The trial of Policemen Kennedy, Mar lowe, Wilkinson and Merchant, the brave" officers who so cowardly desert ed Lieutenant Burke when he was shot by Theodore Park Haynes, the eccentric tinker, was resumed before the Police Commissioners last night
 Thomas Dudy testified that after Burke was shot he saw the accused officers run to a place of safety. They then emptied their reVolVerS at Haynes, but they were so excited they failed to bring him down. Marlowe; after eXhausting his ammuni- tion sent boy named Conroy to get him an additional supply.
 Emile Ott, a young man, deposed that he saw Lieutenant Burke approach Haynes cabin. He drove up in the pa trol wagon. Burke was accompanied by three other officers, whose names the wit ness did not know.
 When Burke was shot the policemen who accompanied him ran away. Officer Merchant, who was about twenty-five feet away from the cabin, drew his re- Yolver and Vainly tried to shoot Haynes. The witness identified Marlowe as being the man who took refuge behind fence.
 In answer to the questions of Attorney Dunne, Ott said that he assisted Cashel, the patrol wagon driver, in dragging Burke's body from Haynes cabin. He was positive that the officials ran in different directions immediately after Burke had been shot down. The witness declared that Marlowe was so excited that he kicked a hole in a fence and crawled through the aperture From this position he emptied his revolver at Haynes
 Sam Waters, the next witness, said he had warned Burke to be cautious, as he feared that Haynes would shoot him. The lieutenant replied that he was able to take care of himself, and immedi- ately proceeded to arrest the murderous tinker Burke had already drawn his re- Volver when he was shot. The officers who were with him, after retreating, blazed away at Haynes A short time before the shooting Officer Kennedy tried to arrest Haynes, but seeing revolver In his hand he got 'cold feet" and back ed away. Wilkinson and Marlowe were present, but, like Kennedy, they lost their nerve and made no attempt to ar rest the tinker.
 George Ryan, who conducted store contiguous to Haynes cabin, testified that he saw Burke drive up to the cabin in the patrol wagon. He was met by Marlowe, Wilkinson and Kennedy. After learning the cause of the excitement he waved them back and started for the ing, nor did he see the officers run away. F. W. Peters said he saw Marlowe get behind a fence; he then blazed away at Haynes, but failed to hit him. He called to his companions to "come up and get Burke and he would get Haynes" which he sgnally failed to do.
 James Ford saw Kennedy behind a fence with a shotgun. He was pouring shot into Haynes cabin.
 John McGrath, the next witness. said he saw Kennedy retreat before Haynes revolver. He and his companions seemed badly rattled.
 At this juncture further hearing of the case was continued until next Thursday.