The San Francisco call., 1898-12-23
NO PRECEDENT
 FOR THE CASE
 OF CHEESEMAN An Expert Prophecy Comes True.
LIKELY TO KILL AGAIN
HE ONCE DECLARED THAT HE
 FEIGNED INSANITY.
Many New Features Will Be Intro duced When the Interesting Case Comes Up for
 Trial.
Oakland Office San Francisco Call,

SUS BroadWay, Dec. ZZ.
 The trial of Frank Cheeseman for mur- der will establish a precedent in this State, for no similar case has ever come before the courts of California. In the report in The Call of September 30, of the commitment of Cheeseman to an asylum occurs the following statement from the testimony of pr. J. w. Robertson, the eX- pert, which statement has proved to be remarkably true, and opens up an entire ly new question in criminal law:
 Dr. Robertson declared that while at the present time Cheeseman is insane. 1t is quite possible that he might be so rational at some future time that some State hospital. actuated by a desire to prevent the terrible overcrowd- ing to which such institutions are now SUD ject might discharge the murderer as cured and in a short time his mania might be as rabid as ever. Under this condition Dr. Rob ertson said that Cheeseman should be ordered straint that should his reason return. he should be again subject to the jurisdiction of the court Only by such caution. said the eX- pert. could it be guaranteed that Cheeseman would not again commit murder.
 Cheeseman was taking things very easy at the County Jail to-day, and declares that he does not remember anything re- lating to the murder, except what he has read in the papers. His early career was a remarkable one. and this is not the first time he has been charged with murder. On a former occasion he killed a man,
 
 sanity. At the time he murdered Brooke last August he was keeping company with Brooke's stepdaughter, Miss Etta Payne, whom he also shot and wounded. In an interview given by Miss Payne, she said that Cheeseman had admitted to her that he could feign insanity and that he was only feigning when he was tried for his first murder. This statement of Miss Payne will go a long way toward sup porting the theory that Cheeseman is very clever actor and that he knew what he was doing when he shot Brooke.
 CheeSeman's father says that since Frank was years old he has been eccen- tric. At the age mentioned he was run over and sustained injuries to his head. From that time his conduct has always been unreliable. For nearIy twenty years he has made periodical attempts to end his life. He has attempted hanging, cut ting his throat. shooting himself and jumping from the ferry boats. But he has always escaped with his life.
 District Attorney Shook and the jail of ficials declare that Cheeseman is perfect ly sane now and that if he was shamming, which they do not believe, it was a very clever piece of acting, for the expert and the jury which passed on his case were thoroughly convinced of his lunacy at the time he was in Judge Ogdens court.
 Cheeseman's case is very similar to that of Ferdinand Uhl, who, without provo cation, shot and instantly killed Patrick Murphy In Temescal last spring. Uhl had homicidal tendencies. He was released a cured, but his homicide suddenly took possession of him one night, and after threatening to kill some one who called at his house he ran out and shot the first man he met.