The San Francisco call., 1899-01-27
Examination of Cooks
Alleged Slayer.
METCALF'S WEAK TESTIMONY
JUDGE THREATENS TO DIS
CHARGE THE PRISONER.
Makes a Private Test With a Pistol
at the Spot Where the Murder
took Place-McKenzie Re
leased.
Special Dispatch to The Call.

| Special Dispatch to The Call.
| NAPA, Jan. 26-It was a bad day for
the prosecution in the preliminary ex-
animation of Jesse Walters, charged
with the murder of Alfred Cook.
| l. Metcalf, heretofore considered one
of the strongest. if not the most i'm
portant, witness against Walters, gave
testimony that caused exultation in the
camp of the defense. 1t was that the
first two shots fired in McKenzie's
stable appeared to him t have come
from the box stall, in which Cook was
killed, and he further testified that
when he looked toward the place where
Walters was standing he saw no smoke
about Walters pistol, nor any smoke
coming from the box stall. His reason
for thinking the shots came from with
in the box stall was that they sounded
dead"
When the prosecution rested it's case
at the afternoon session Justice Will
liam Bradford, before whom the hear
ing was being held, startled every one
by announcing that unless the prosecu-
ton presented more evidence to show
that Cook had been killed in cold blood
he would discharge the prisoner. This
caused District Attorney Bell to rise
and charge the court with talking a
little rashly and recklessly"
An explanation followed by the JUS
tice to the effect that he had understood
that when the prosecution rested its
case and objected to certain testimony
on behalf of the defense it was proposed
to cut off the defense from submitting
evidence altogether. On being assured
that such was not the case he modified
his original dictum and said he was
prepared to hear the defense before
rendering Judgment in the matter.
1t is the confident belief of the de-
tense, based on to-day's developments.
that the release of Walters will be or
dered. They anticipate however. that
he Will be Immediately re-arrested In
fact, the District Attorney stated that
had Walters been discharged to-day
he would have had him brought before
the Superior Court. Should the ac-
cused be held or discharged and rear
rested the defense intimateS that it will
resort to habeas corpus proceedings to
secure the prisoners entire freedom or
his release on bail
Attorney Beerstecfer, who repre-
sents Walters, made a significant ex-
pertinent this afternoon immediately
following the adjournment of the court.
He procured a 38-caliber revolver. load
ed 1t with smokeleSS powder cartridges
of the same make as those found in the
weapon surrendered by Walters. and
had it discharged at the spot where
Jesse Walters is said to have stood by
1. Metcalf. He had Justice Caldwell
stand in the position Metcalf stood, ac-
cording to the latter's testimony to-
day, when he turned to see whence
the first two shots had come on that
fatal 9TH of January. Tom Pickett fired
two shots in quick succession, and as
soon as Caldwell heard the first report
he swung around toward Pickett, and
declares he saw cmoke, though but a
slight cloud, near the outstretched re-
volver in the hand of Pickett. An en-
ploye of the stable witnessed the test
and states that he also saw the smoke
after the shots were fired This testi-
mony will be used by the defense to
prove, in conjunction with the testi-
mony of witness Metcalf that Cook
must have fired the first shots
and that Walters only fired in
self-defense. The defense sprung a
surprise on the prosecution at the af-
ternoon session of the court by serving
a subpoena on Sheriff Dunlap, demand
ing that he produce in court the trunk
lifetime of Mr.. Al Cook, alias Al Door
man, now in your possession, and all
property and effects of said deceased,
including all papers. books pictures
and letters, in your possession or under
your control"
This trunk is now in the possession of
the Sheriff and is supposed to contain
letters and other evidence showing the
relations that existed between Cook and
Mrs. Walters. Among the letters in
the trunk the defense expects to find
one written by Mrs. Walters to Cook
informing the latter of the chance for
employment in the stable of Mckenzie.
1t is known that among Cooks effects
in the trunk is a tintype of Mrs Wal
ters, sent to Cook while he was at Palo
Alto. This will figure as an exhibit in
The case. A contest is expected over
the production of the trunk and it's con-
tents.
Mrs. Walters was an interested and
ad-faced spectator of the PROCEEDINGS.
but sat apart from her husband. The
latter was conspicuously the most
cheerful of the pair.
Sheriff Mckenzie succeeded to-
day in securing bail and was released
from custody. The sureties on his
bond, which is for twice the sum of his
bail and the amounts in which they
qualified are as follows: F. Booreo.
S0UUU, Ann NldlleG, 9ouV, SelD6l.
$1,000; Thomas McBain, $4,000; Henry
Brown. $4,000; G. F. Hargrave, $4,000; j.
F. Zollner, $4,000; George e. Goodman.
$4,000; Henry Fowler. $4,000: Charles
Reams. $1,000; j. H. Shively. $1,000: j. A.
McClelland. $4,000; c. Malandrino. $4,000:
Joseph Dixon. $500; L. H. Gum. s2500:
NJ. C. Dillon, $4,000; George Head. $4,000
He experienced considerable difficulty
in securing bondsmen, and many of his
sureties acted in that capacity simply
out of regard for his sick wife.
George A. knight came UP to-day and
will aid in the defense of Mckenzie
should his services be deemed neces-
sary. He was in attendance at the
hearing. The court room was we'll
filed.
Metcalf was the first and most i'm
portant witness. He was the only per-
son present at the killing of Cook In
addition to Walters and Mckenzie He
testified that on the morning of Thurs
day, January S. he was passing Me-
Kennels stable on his way home. when
Mckenzie. who was standing inside the
stable, within about ten feet of the
door asked him to step inside and cop