The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-03-28

REDWOOD CITY, March 27.-"Held
so answer and committed to the Gus
tody of the Sheriff without bail"
Such was the order of the commit
ting magistrate, James Harmon. this
afternoon in the case of former Deputy
Sheriff Frederick Ferdinand Wallace
Desirello, charged with the murder Of
James Johnston. The first part Of the
order was not unexpected. though from
the evidence introduced it was thought
that possibly the prisoner would be ad-
mitted to bail The courtroom was
thronged with the usual crowd that at
tends cases of this kind. The air be-
came so close and sitting that it was
necessary to open the doors and win
dows.
Desirello was accompanied by his
wife. Peter Johnston, the father of
the dead boy, was the first witness
called for the prosecution. A stir was
caused when the court made an order
directing the Sheriff to search the Wit
ness, it having been brought to his at
tention that. Johnston had threatened
TO Kill Desirello upon sight, whether 1t
be in court or out. Upon being satlSned
that the father had upon his person no
deadly weapon, the court ordereo the
examination TO proceed.
Johnston testified that he was the
father of Desirello's victim. who at the
time of his death was aSout II years OF
age The boy was on visit to a mar
ried sister In COlma at the time OF the
killing.
During the ross-eXamination II was
ATTEMPTED TO show that neither the
complaining witness, the deceased nor
any of their relatives knew or had ever
had trouble with DeSirellO. The OBJECT
was 20 show want of malice on the
part of the prisoner. From the tIthu
Of the questions asked it IS evident tnal
the defense seeks to prove that the Kill
ing was accidental The attorneys for
the defendant also attempted to prove
that the prosecuting witness had mace
threats against the life of Desirello and
that he was actuated by spite and am
mostly in making the complaint.
DR. Ross testified as TO the cause OF
death. He held an autopsy upon the
BODY of the deceased and found that the
bullet had entered about three inches
below the lobe of the right ear and
came out at about the same relative
position on the left side. The jugular
vein was severed and death was caused
by shock and hemorrhage.
John VaCcari, the young man VINO
was driving the wagon on the night OF
the homicide told how he, Johnston
and Jensen were driving to Belns store
AS he was crossing the switch OF the
electric railroad near the White House
lie noticed a man step out into the mld-
die of the track and then back again
Their horses were going at an ordinary
trot-"neither too fast nor too slow. y
as he put il. The man he saw said
nothing whatever to him and made no
motion. The horses were under perfect
control and were trOtting not over six
miles an hour. He could have stopped
them easily within a yard or two. The
three boys We're making no noise or dis
turbance Of any kind. Almost imme-
diately after the man Cwho, it is ad-
nitted. was Desirello) stepped back
shot was fired. which struck the front
Wheel of the wagon. A second and
then third shot were fired. By this
time they were about at BELTS store.
1t was then that James Johnston said