The San Francisco call., 1899-01-26
EVIDENCE NOT SUFFICIENT
DISTRICT ATTORNEY MOVES A
DISMISSAL.
Miller, Mrs. Dickinson and Mrs.
Wilson Walk From Their
Cells in the County
Jail.
Special Dispatch to The Call.

SUISUN, Jan 25.-The three prisoners
who have been confined in the Solano
County Jail for two weeks, charged
with the murder Of old Dan Wilson,
the Suisun Valley rancher, are once
more breathing the air of freedom
William ]. Miller, Mrs. Elizabeth O..
Dickinson and Mrs. Addie Wilson were
discharged from custody this morning
by Justice of the Peace Hitchcock on
motion of District Attorney Devlln, VINO
had come to the conclusion after sleep
ing on the testimony given at the pre-
liminary examination yesterday thar
the evidence did not warrant holding
the prisoners for trial before the Su-
perior Court.
Promptly at 10 o'clock this morning
the prisoners were brought into court,
where they were joined by their attor-
neys Judge Hitchcock was on the
bench and the courtroom was fairly
we'll filled, although after the collapse
of the case of the prosecution yester-
day it was generally understood that
the accused would be allowed their
liberty, which served to render the pro-
ceedings of to-day fiat and uninterest-
ing.
AS soon as court was convened the
District Attorney arose and after re-,
viewing the evidence in the case moved
that the prisoners be discharged. He
said:
If the court please, 1 fully appreciate
the responsibility of the Prosecuting At
torney In this case, but l think that at
this time it would be wrong to leave the
making of a motion for acquittal to coun-
sci for the defense. The testimony has
F.,1I, lTr
me. and in justice to my office Of District
Attorney, in justice to the people and in
justice to these defendants, 1t seems to
be my clear duty to move that the de-
for my Office and with the view of right
and justice that I will make my motion.
Whatever my private opinion Is, and
whatever the opinions of others may be,
action in this case must be based on the
legal evidence. Every bit of testimony
that | know anything about has been
sible has been done to secure convic-
ton. In relation to defendant Miller we
had a positive Identification of him by
Witness Riley as a man who hired a rig
at Vallejo on the night of the murder
Against that stands the alibi which is
supported by the testimony of Mrs Shee-
han and nd her two daughters; What value
that alibi would have would be for a jury
to determine. ] am satisfied in my own
judgment, however. that the evidence is
not sufficient. to secure a conviction be-
submit the evidence to one unbiased man
and expect him to say that Miller should
man hired a buggy twenty-five miles
from the scene of the murder is not suf-
ficient, and even that is met with oppos-
ing proofs. 1 am not justified in putting
the county to the expense of long drawn
out murder trial on the testimony that we
have obtained and so 1t is my duty to
move that you dismiss the defendants.
AS the District Attorney resumed his
seat the Judge said:
1 have weighed the testimony very thor
oughly and l fully concur in what the
District Attorney has said. Therefore the
defendants are acquitted.
Mrs. Miller, who was in the court
room, rushed over to where her hus-
band was sitting, and gave him
hearty kiss, but aside from this soli-
tary incident there was no demonstra-
ton. The three prisoners had been
assured by their attorneys that they
were bound to be set free. and they
were prepared for the announcement
when they appeared in court. They
were taken back to the Jail, where they
| quickly gathered up their belongings.
and sought the sunshine. Mrs. Dick
inson sought to thank the District At
torney for his action in moving for a
dismissal, but Mr.. Devlin declined to
take any credit to himself. He assured
Mrs. Dickinson that If there had been
any evidence brought forward to. con-
meet her with the murder he would
have insisted that she be held for trial
That such evidence was lacking was
her good fortune, and not due to any
inclination on his part to be lenient
with her.
Hez McEwen met his housekeeper at
the gate leading to the courthouse,
| and Mrs. Dickinson at once began lay
ing down the law to him. w. H. Nor
rison, McEwen's brother-in-law. had a
talk with Hez before the prisoners were
discharged this morning. and advised
him not to take Mrs. Dickinson back to
the ranch. Morrison declared that if
McEwen did not heed his advice he
! (Morrison) would have nothing more
to do with him. 1t is more than likely.
however, that both Mrs. Dickinson and
Mrs. Wilson will return to the ranch to
live Miller and his wife returned to
their home in Port Costa this after
| noon.
oIIanrIAIN AETnEV