The San Francisco call., 1899-09-20
TESTIMONY IN
DES|RELLO CASE
Principal Witness Goes
on the Stand.
SAW THE CRIME COMMITTED
JOHN VACCARI TELLS HIS STORY
TO THE JURY.
District Attorney Bullock Does Not
Hope for Conviction for Muir
der, but Merely Man
slaughter.
Special Dispatch to The Call.

REDWOOD CITY, Sept. 19.-The TAX
ing of testimony in the Desirello murder
trial commenced this afternoon about
O'Clock. The entire day up to that time
was occupied in selecting the jury. In
all ninety talesmen were questioned.
From their examination it can be seen
that the strong feeling that existed
against defendant at the time of the kill
ing has materially lessened. Many of
them were disqualified for the reason that
they had formed opinions from news
paper items read by them. The jury
sworn to try the case is composed of the
following men:
David Barre, Alexander Moore, John
Kerr, Samuel Nash Jr., E. Schubert, e
GgIae; eoaee y kdai4 Il Adamf n5r Eqgene oNeIyI
Beckley and G. l.. Wood.
In his opening statement to the jury
District, Attorney Bullock told them that
he would not ask for conviction OF
murder, but that from the evidence that
should be introduced he would expect a
verdict of manslaughter. In the first
trial none of the jurors voted for murder
though six stood for manSlaughter.
The first witness called by the prosecu-
tion was w. B. Gilbert, County Surveyor
The purpose of this testimony was tC
( identity and explain a drawing and plan
the White House and Bellls store al
Colma, where The shooting occurred.
The only other witness examined to-day
was Jonn NacCari, the young man who
was driving the team IN which young
Johnston was riding at the time he was
shot. Nacccari and young man by the
name of Henry Jensen, who was also III
the wagon, are the two principal wit
nesses Tor the prosecution. Naccar was
put through severe crOss-eXaminatl tlon
by Mr.. Walker, who with e. h. F1tz-
patrick, is conducting the defense.
On his direct examination JenSon teSti'
fed that he was working for man by
the name of Bauman on the 18th of last
March, and on the evening of that day
he left the ranch of Mr.. Bauman in com
pany with James Johnston and man By
the name of Furger for Bellis store IN
Colma to get some hay. When he reached
the switch near the White House he
stopped to let Mr.. Furger off the wagon
and there took on young Jensen. the lat
ter accompanying him and Johnston te
the store. Opposite the White House q
, man stepped out toward the wagon anC
| then back again. He passed the man &
few feet, when shot was fired He KEPT
on. and a second shot was fired. BY
this time he had almost reached the store
and was making a long turn when thirC
shot was fired, and it was then thai
James Johnston called out. I'm shot
Johnston jumped from the wagon and rar
to the porch of the store and grasped the
iron bars on the window with one hand
The other hand he held TO the back of his
neck. Witness said he jumped from the
wagon and went to the assistance of the
wounded boy. He had no more thar
IedCutu ulIll Witch OtSlISI Idil up. ADOu
the same time defendants wife appeared
and said to her husband: My God
Frank, what have you done?" to which
he replied: Il don't give -; shot to
kill" Witness was about to testify thai
he was rebuking Desirello for shooting al
them, but the court ruled the testimony
| out.
Desirello, according to the witness
caught Johnston as he was about to fal
and held him in HIS arms, at the same
time asking his wife for some whisky
A crowd soon gathered around and he
was sent to Ocean View for a doctor
When he returned the boy was dead.
Upon cross-examination the witness ad
| mitted that DeSirello said he shot to xii
the horses and meant the boys no harm
He further admitted that at the Coroner:
| inquest and at the preliminary examina
tion he had testified that the defendant
had said he shot to kill. This admission
is in line with the defense made by de
| fendant on the first trial.
! Henry Jensen will be examined in the
morning. The case will probably go tC
the jury some time on Friday.