The San Francisco call., 1898-12-13

start by the tardiness of District Attorney Shook, who did not put in an appearance until nearly 3 o'clock. Deputy District Attorney Lin Church has had the ham, ding of the case up to the present time, but he was busy with another case, and consequently Mir. Shook was obliged to step in without the slightest preparation.
 The defendant was on hand promptly, being brought over from the County Jail in Oakland by Sergeant John Conrad and Officer William Gum of the Alameda police force She was accompanied by her sister. Miss May Beth, and her father, Adolph Beth of this city MT. Sherwood, an uncle was also present in the court room during the hearing. Mrs. Mentel wore a blue dress, black fedora hat, black fur cape black gloves and black veil. Her eyes were red from much weeping. and the white bandage that encircled her head gave her the appearance Of an ln- valid She sat between her attorneys w. W. Foote and eX-Senator Guy C. Earl shrinking behind the broad shoulders of the former, as though she feared to face her accusers At the other end of the table sat her father and sister, the latter a pretty girl, neatly attired, whose eyes also bore evidence of recent weeping.
 When Mrs Mentel stood up to hear the reading of the charge against her by the Judge she trembled visibly and when his Honor asked her if she understood the nature of the proceedings and her rights under the law, as he explained them, she answered "yes'' in such weak voice that she could not be heard two feet away.
 The evidence was confined exclusively to the testimony of witnesses who were present when the body of Mentel was first discovered lying on the sidewalk on Santa Clara street, almost directly Tn AI,, nf (yaOrQa Shreve.
 Arthur Jenkins was the first witness ex- amined. as he was also the first to see the body. His testimony was substan- tially the same as that given by him at the inquest two days after the crime was committed. He said he was riding on an Alameda electric car when Mrs Mentel suddenly appeared in the road. AS the car came to stop she cried out: Il have shot my husband and myself. too: l wish you would take me Somewhere. Her hands were blood-stained and there was blood on her cape. She was hatless and ap- peared very much excited. In response to questions she said vaguely her hus- band was "over there He heard man found Mentel lying on the sidewalk i'll a pool of blood. His right hand was in his pocket and he was lying on large bun- dle. He was alive, but unconscious, and died in a few minutes. He also told of Mrs. Mentel being taken to the house of Dr. Lubbock short distance down the road, on the car, ana the dTT1Val OI JuOSe Morris and Sergeant Conrad on the scene. He saw the revolver lying at the feet of Mentel and identified the one produced in court by piece clipped from the handle.
 The testimony of l.. Gillogly, conduc- tor and J. l.. Dicks, motorman of the car, was chiefly in corroboration of Jen- kins testimony, as was also that of Miss Maybelle Guerne, a passenger. Dicks was still on the stand when court adjourned until 9:30 o'clock tomorrow morning. At torney Foote croSs-eXamined the wit nesSes briefly and sought to bring out the fact that when Mrs. Mentel was taken aboard the car she showed evidence of a recollect anything of the kind.
 The defense claims that when the proper time comes they will prove that Mrs Mentel was knocked down and beaten by her husband before the shooting took place. Dr. Porter. the physician at the Mrs. Mentel was taken to have her wound dressed will, it is said, go on the stand and testify that her arm and shoulder was black and blue and that there were black and blue marks on her body.
 The defense will not present any wit notwithstanding the report that it expects to secure an acquittal at the preliminary examination.
 On the other hand the prosecution will. on Wednesday, introduce the evidence of the two physicians who performed the au- that the shots could not have been fired by person lying on the ground, and fur ther that the second shot was fired after the man had fallen to the ground.
 There are rumorS of sensational teSti- mony to be given before the hearing is will reserve their evidence until the trial takes place.