The record-union., 1898-02-08
Trial Of Theodore Figel for the
Crime Begun in Earnest.
Opening Statements Of Prosecution and
Defense Made to The Jury.
Judge Cook Makes a New OK der in
the Case, by Which the Jurors
Will be Allowed to Go to Their
Homes at Night, Instead of Be-
ing Locked Up by the Sheriff.

SAN FRANCISCO, Feb. THE trial
OF Theodore Figel for the murder OF
Isaac Hoffman commenced in earnest
this morning before Judge Carroll Cook
and jury it took two weeks to select.
The bitter contest that was Waged IN
the Police Court was renewed in trlD-
unal whose judgment means life or
death to the accused. On that account,
and from the extraordinary circum-
stances of the case, arousing the in
terest of influences outside those of the
police department and the prosecuting
officers of the State, the court room
was well thronged with the curious.
Figel and counsel Louderback ard
General w. II. l.. Barnes We're on deck
at an early hour, while the prosecution
was represented by ex-Judge D. j. Muir
ply and Assistant District Attorney
Hosmer.
When all was ready Judge Murphy
made the opening statement 10 the jury
on behalf of the prosecution. lie told
the twelve men in the box the nature
of the crime they had to investigate
and then entered upon detailed his
tory of the life of the murdered man.
When he had concluded he was about
to call his first witness, when General
Barnes interrupted him with the init
nation that he desired to make his
opening statement for the defense
Judge Murphy gave way, and General
Barnes took his place before the jury.
After a very brief introduction, the
counsel for the defense outlined the
facts he expected TO show that would
forever disconnect Figel with the al
legged murder In so doing he endeaV-
ored, in the first place, to destroy the
edifce of motive that Judge Murphy
had built up. He would show, he said,
that ii was certainly not Figel who had
anything to conceal, and that even II
he had the killing of Holman would
have been his worst possible mistake.
AS against the theory of murder. Gen
eral Barnes spoke of the peculiar ma
ture of Hoffman's wounds. showing that
the pistol must have been pressed
against the dead mans head In fact,
when taken to the Receiving Hospital,
the marks of black powder were found
in Hoffmans mouth. Then, regard
ing the pistol with which the deed was
DONE General Barnes sprang sur
prise He showed that there were two
pistols. one larger than the other, both
purchased by Figel, but he claimed that
one of them Figel had given to Hoff-
man.
The dead mans own brother, Chas.
HOFFMAN, saw the very pistol which
Judge Murphy just now brandished in
the face of the defendant in the pos
session of Isaac Hoffman on the 18th
day of May, two days before the trag-
edy." said General Barnes with en-
phasis
That's news to me-" murmured
Judge Murphy.
Yes. sir" returned Barnes. Charles
Hoffman told me so himself in my Of
flee He said he did not so testify at
the preliminary examination, for ne
knew exactly how that proceeding
would end But he had told Hoffman,
partner. Edward s. Rothschild, about
st. and that Rothschild had advised him
to say nothing about it. Say nothing,
just now, Rothschild said
In speaking of the time upon which
the shot was fired the General stated
that testimony would be introduced
which would go to show that il took
place after the time the accused was on
the boat on his way to San Rafael.
Judge Cook made a new order in the
Figel case to-day, by which the jurors
will be allowed to, go to their homes at
night, instead of being put in charge Of
the Sheriff The court said the hard
ships attending jury duty were suffi-
c1ent without keeping jurors away from
their homes.
That the trial now in progress will
be bitterly contested is borne out by
the declarations of the defendant s
father. who says he win spend every
dollar he possesses-and he is rich
man in an endeavor to free his son Of
the charge of murder.