The San Francisco call., 1899-05-06
DESIRELLO IN
HIS OWN BEHALF
Young JohnstOn'S S Slayer
on the WitneSS-S Stand.
Special Dispatch to The can

REDWOOD CITY May 5.-Interest
in the DesirelIo murder case grows
more intense as the trial proceeds. To-
day the courtroom was uncomfortably
filled in anticipation of the defendant
taking the stand.
The prosecution finished its testi-
mony this morning and the defense
commenced the introduction of testi-
mony. The testimony presented by the
prosecution is undoubtedly very strong
against the defendant. although it is
not thought it will support a convic-
ton of murder. The defense showed its
hand. Throughout the cross -eXamina-
ton of the States witnesses it was ap-
parent that Desirello's lawyers would
hold that the horses driven by Nacari
were running away or being driven in
such reckless manner as to endanger
the lives of any persons who might be
in their path or upon the streets and
that to prevent injury to the parties
driving, or to other people, the defend
ant drew his revolver and shot at the
horses for the purpose Of crppling
them.
one witness, a Mr.. Ferger. testified
that he was at the Baumann ranch on
the afternoon Of March IS, and left
there on a wagon shortly before
o'clock John Vacari was driving. He,
in company with the driver and James
Johnston, drove down toward Colma to
the electric line. Vacari stopped the
team near the White House and Fer
ger got off the wagon and onto the car
going toward the city. He testified that
he was a dealer in horses and would not
have given $25 for the two horses. 1t
was at this place where he got off the
wagon that Henry Jensen got on. Up
TO the time Ferger left the wagon the
horses were going very slowly, being
/ under perfect control The conductor
upon whose train Ferger went also tes-
tilted that the team stopped at the
switch. This testimony was introduced
I to show the improbability that the
. horses were running away, for, as De-
sirello afterWard testified, he first saw
1 the horses and heard them coming
when they were but a short distance
from this switch.
The principal witness for the defense
besides DesirellO, was his wife. who
/ testlfled TO their journey from Baden
| TO san francisco in the morning and
thelr subsequent meeting at Coma
/ both before and after the shooting
She had gone to meet her husband and
! found him at the White House talking
on the corner for him when her atten-
ton was attracted by what she thought
| was a runaway. She saw her husband
jump toward the horses and call to the
boys TO stop. She saw him fire into the
! air and also saw him fire two move
shots while running after the wagon
She did not recognize the bows in the
wagon, although she knew one of them
very well.
! Defendant was sworn in his own be-
! half, and after giving an account of
his action during the day finally came
! down to the tlme OF the shooting. He
testified that he had been at the cours-
! ing park all the afternoon and some
time after o'clock started to find a
man by the name of Murphy He did
! find him at the White House and they
were conversing when his attention
was attracted by the noise of galloping
! horses coming down the road. He SUP
! posed it was some one driving reck-
! lesslv or a runaway. AS the wagon
! neared the place where he was stand
! ing he stepped out into the road and
! called to the parties to stop AS they
! did not answer he fired a shot into the
! air over their heads When this had
no effect he thought the horses had got
! beyond the control Of the driver and
! then he fired two shots directly at the
! horses. He followed them down to
Bells store and heard Johnston saw
! he was shot. He did everything in his
power to relieve the bov and ordered
a doctor sent for Immediately He
said that Vacari became troublesome
and he told him that he was the one
who ought to have been shot. He ex-
planned to the people how the shooting
occurred, telling them it was an acci-
dent: that he shot to kill the horses.
He did not shoot at the boy, and, in
fact, never knew him or any of his
relatives He never intended to iniure
or murder him or any one in the wagon.
He had no malice against any Of them.