The record-union., 1899-01-27
JACOB OPPENHEIMER'S TRIAL
WITNESSES FOR THE DEFENSE
TESTIFIED YESTERDAY.
They All Saw Ross Have q Knife,
But None Saw Oppenheimer
Have One.

Have One.
Judge Johnson's courtroom was
crowded yesterday morning when the
trial of Jacob Oppenheimer for MUIR
der was resumed, the front seats out
side the rail being largely filled with
ex-convicts.
Arthur Miller, Oppenheimer's attor-
ney, stated that under the subpoena
duces tecum issued for H. Williams,
who was ordered to bring with him
certain knife, Williams had been
brought down from Folsom, but had
not been permitted to bring the knlfe.
Deputy Sheriff Hunters testified that
when he subpenaed Williams (who is
better known as Brady, the train rob
Der, serving a life sentence for the
robbery of a train near this city, ne
told him to bring the knife and he SAID
he did not have it, having thrown II
away. He said he knew where to find
it, however and would look for it. Wit
ness told the guard what Williams said,
but was not allowed to take Williams
to look Holland, another convict,
asked williams, as they were getting
on the car, if he had not better get the
knife, and told the guard that Williams
had an order of court to get the knife.
The guard answered, "Well, you have
no order of court to get it, get aboard"
and Holland did so.
Williams, or Brady, was called and
stated that he was not allowed to go
to look for the knife, which he said he
had not seen since he threw it away.
The guard told Holland the knife was
not his affair.
To a question by District Attorney
Baker as to where the knife was, Att
torney Miller objected, as it would give
the prison authorities an opportunity
to make away with it.
Judge Johnson said that he could not
be expected to give an order to allow
prisoners to go around hunting up
knives. The order was for the pris-
oner to bring with him whatever he
had, but if he did not have the knife,
he could not do it and the court did
not think it had authority to order the
prison officials to allow prisoners to
hunt up knives. He wished to give the
prisoner every proper protection, but
not to exceed his authority. If the de-
tense wished to have the knife pro-
duced, it should have subpenaed the
prison officials.
Attorney Brown stated that it was
necessary for the defense to produce the
knife, as all the witnesses for the de-
Tense were expected to identify it. He
cid not think the defense could safely
go on without having the knife pro-
duced and asked the court to make an
order for the Sheriff to take Williams
to the prison and allow him to find the
knife.
The court took a recess till half-past
/ and took the request under consider
alton
When the court reconvened in the af-
ternoon, Judge Johnson. ordered Brady
sent to Folsom, to go with the Deputy
Sheriff and point out the knife.
w. B. Holland, a fellow convict of
Oppenheimer, took the stand. He said
he knew both Oppenheimer and Ross
AS he was going to dinner the day of
the murder. he heard some one cry out
Look out. Jakei" He looked in the
direction of the cry and saw Ross run
ming towards Oppenheimer- He had
his hand in his breast. The two men
ollnched and he saw knife IN ROSS
hand. He struck at Oppenheimer and
the knife dropped from his hand and
Brady rushed over and picked 1t up.
During the struggle Guard Haggerty
came UP and struck Oppenheimer over
the head and another knife fell to the
ground. When the men had fight in
1897 Ross tried to stab Oppenheimer,
but dropped his knife. 1t was file
with handle on, but in pulling it out
of his breast, the file fell to the ground
A convict named Quinn picked it up.
Ross struck Oppenheimer and knocked
him out.
He had taken an interest in the case
purely because he wished to see JUS
tiee done and had interviewed various
prisoners and secured their statements
as TO the murder. He had known
Oppenheimer before they were sent to
tions as to the degree of their intimacy
before or afterwards. He saw Brady
pick UP the knife. but did not report
to the prison officials that Ross had
dropped a knife. At the time of the
difficulty between the men in 1897. he
saw Ross apparently waiting for OPP
penheimer They had gone around in
the middle alley to have a fight and he
Went TO see IT. OppennelIntr cell "do
in another alley. While the men were
struggling face to face after Ross
dropped his knife. Oppenheimer seemed
to be punching Ross in the stomach.
# he struck him in the side it would
be the left side. He was holding Ross
arm so that he could not use it. No
che laid a hand on Oppenheimer until
Guard Cassidy came and grabbed him.
J. B. Mccoy, another convict, testi-
fed that about a month before the
murder Ross asked him to make him
knife and he refused. He was at
work in the blacksmith shop at the
time He saw the men come together
at the time of the murder and saw a
knife drop and Kelly picked it up. He
saw no other knife. He told none of
the prison officers of Ross request. He
told Holland, Oppenheimer and a man
named johnson about it. He did not
see Ross strike Oppenheimer in the
struggle. There were no blows before
the knife fell on the floor.
George Williams, another convict.