The San Francisco call., 1898-03-19
EXCLUDES
 THE CLARK
 CONFESSION Judge Ham Refuses to Admit It as
 Evidence. Was Obtained From the Prisoner by Fraud and
 Triekery. Legal Distinction Drawn Be- tween Confessions and
 Admissions"
THE LATTER NOT BARRED.
Through Them the Fratricide Prob ably Thrust His Head Into
 the Moose.
Special Dispatch to The Call.

NAPA, March 1S-The defense in the Clark case is jubilant, for defendants attorneys have had excluded the con- fession of George Clark, made while he was in jail. It was obtained by de- ception, trick and device; therefore the defense objected, and Judge Ham sus- tained the objection. But that did not end the matter, and from referring to it as a conversation" the attorneys ran the gamut of statement" alleged confession" and supposed confession" and then "the confession" was dinned into the ears of the jurors, who, legally, did not know what the lawyers were talking about.
 There are other things besides con- fessions, however. The law, 1t seems, has discovered a difference between confession and an admission, and, while a legal technicality may bar out con- fession, it may not hinder a cloud of collateral admissions, made at the time. Under this theory there was not much of the confession beyond the actual ad- mission of guilt that the District At torney did not succeed in getting before the jury.
 All about Clark putting poison in his brothers coffee-can regarding both the first and second occasions was brought out. There was more regarding the pistol and the writings, and, although the defense fought hard to keep all of it out, still 1t came in under the law which refuses any but confessions vol untarily made, but accepts admissions tending to prove guilt; and that such admissions as were put in evidence to- day tend to prove guilt is evident.
 MT. Connors was on the stand during ,i,oer oyoI @ol- bright for the entrance of Clark's con- fession until he said he told Clark that If he did not do differently he would be hanged within sixty days" That settled the confession, so far as the jurors were concerned. They could not have it. But they got admissions ga- lore. 73
 It was a bad day for Clark, for, al- though the confession will not be in evidence, the jury has absorbed much of it's moral effect, and 1t will be the same, anyway.
 MT. Hogan's feelings over the way he was treated by the court on Tues day morning are somewhat modified, for Judge Ham met him on the street this morning and spoke to him about it. The Judge referred to it as a re- grettable incident, and Hogan ex- pressed the same feeling, and pleasant relations were resumed. So the incl dent so far as Hogan is personally concerned has ended
 John F. Corners on the witness stand told of Clark's confession. He said he had been admitted to Clark's cell on the Sunday after the murder, and that he had introduced himself as a newspaper man. He said he told Clark he believed he was guilty, but Clark maintained he was innocent Then, Connors said, he related the evidence to the prisoner and told him he would surely be hanged within sixty days. Connors then reached over to the bed and felt a book there. He asked Clark what it was and Clark said it was a Bible He wanted Clark to place his hand on the Bible and swear he did not kill his brother. He asked the prisoner if he believed in a hereafter and told him if he lied about the crime he would never go toheaven. That brought the conversation up to the confession, and then the witness was stopped for cross-examination.
 The witness said he had told Clark it would be better for him in the end if he would tell the truth. He said Clark was a very religious man, and that the reference to being better for him" did not in any way refer to his punishment.
 And you never made any threats?" asked MT. Bell.
 "No," said the witness; "I only told him if he were going on in the way he was he was liable to be hanged within sixty days.'
 Whats that?" demanded Judge Ham.
 The answer was repeated
 That is the most damaging admis- sion he has made" remarked the court After a long argument of counsel Judge T1 a m led mt 10 CiH
 The confession having been ruled out, MT. Bell proceeded to show "admis- sions,' pointing out at the same time that in the law a confession and an ad- mission are two different things. MT. Beerstecher objected, but Judge Ham succinctly put the case this way:
 If a man confess to the crime of lar ceny and should tell where he hid the stolen goods, if tn confession be ruled out, testimony that the goods were found where he said they were is ad- missible as being an admission tending to prove guilt.
 Fred Brownlee, the court stenog- rapher, who took down the confession, was then examined and told what had been said regarding the strychnine, the pistol and the writings.
 Brownlee told what Clark had lad mitted'' his purchase of the strychnine, and how he had purchased a revolver and cartridges in Napa. The letters bearing the name of William Clark and believed to have been written by the accused were then made the subject of the testimony. Brownlee told how Clark admitted he wrote the letter him. self few days before the murder.
 c. F. Rednall deputy constable of Hot Springs Township, which includes St. Helena. told of the finding of the strychnine bottle in the pasture It was near blackberry bush near which Clark told him he would find it. Sheriff Mckenzie told of how. when they could not find the bottle. he had asked George Clark where 1t was and Clark directed them to the place where 1t was found.