The San Francisco call., 1899-01-27

him and the box stall. about eight or
ten feet distant, with his pack partly
toward the witness. The shots ap-
peared to have come from the box
stall. He judged so from the dead
sound. The shots were close together.
He ran from the stable as soon as he
realized that a shooting fracas was on.
and went directly home.
Under cross-examination by Attorney
Beerstecher, Metcalf testified that Nc
Kenzie had urged him to enter the sta
BILE and that he had demurred, stating
that he had no time. He had no inten-
tion of entering the stable until asked
by Mckenzie to do So He heard the
reports very soon after Walters entered
the stable. He thought from the re-
ports that the shots came from the pox
stall frolh their sound, but did not know
who fired the shots. He saw no smoke
about Walters pistol, nor did he see
any smoke coming from the box stan:
He saw no smoke anywhere. walters
pistol was not poked into the box stall.
The accused was standing. three or four
feet from the door of the box stall.
Sheriff Dunlap reiterated his teSt1-
mony given at the Coroner inquest re-
garding his being summoned to the
scene of the tragedy and finding the re-
volver at Cooks side in a changed po-
sition at a later inspection of the scene
from that which it had occupied when
he first viewed the body and it's sur
roundings.
Coroner r. M. Kyser, DR.. D. E. Os-
born and Dr. Haun testified to the post
mortem examination and established
the fact that death resulted from bull
let wounds. DR.. Haun testified there
were no powder marks on Cooks
clothes. George w. Amen, Deputy
Sheriff, gave evidence regarding the
arrest of Walters and the latter's sur
render of his revolver. He further tes-
titled to having seen Walters lounging
about the corner of Second and Main
streets shortly before the shooting oc-
Cured This is about a block from
McKenzie's stables. Under Sheriff DAILY
testified to havil. received Walters
pistol from Lmen, and to the powder
from one of the shells having been ex-
tracted for determining it's character.
Frank Weston, the complaining wit
ness, testified to his identification of
the body of the slain man. ]. Erring-
ton, former employe in the saloon of
Jesse Walters at Oakville, testified to
a meeting between Cook and Walters,
near the saloon on December 26, 1896,
and to a conversation between the two
men. He had overheard only scraps of
the talk. Cock said: Il am not afraid
of any one" Cook left town on the
south bound train day or two after
ward. Subsequent to this he heard
Walters remark while in the saloon, at
the mention of Cooks name: If the =
ever comes back I'll kill him"
Witness had heard before the time of
the conversation that there was trouble
between Cook and Walters.
Sheriff Dunlap testified that he had
employed William West to extract the
powder from one of the shells in Wal
ters' pistol and that the powder was
of n light color William West stated
that the powder was of the smokeless
kind. John c. Grigsby, who was Wal
ters' barkeeper during the latter part
of 1896 and the early months of 1897,
testified that one day he heard Cook
say to Walters, ITO with you"
Cook then walked away ard Walters
left in the opposite direction. He also
had heard Walters remark in reference
to Cook, IF he don't mind his own
business III make him"
DO you remember stating to me-"
asked District Attorney Bell. that you
recollected that Walters said. The -
- -, if he NEEDLES with my private
affairs I will fix him?"
Yes" responded thn witness, but
don't think he referred to Cook in those
words. He might have meant them. be
cause they were great enemies. The,
some days"
This is our case: the prosecution
rests" concluded the District Attorney
Attorney Beerstecher made Grigsby
a witness for the defense and attempt
ed to examine him regarding threats
made by Cook against Walters Dis
trict Attorney Bel objected on the
ground that no foundation had been
laid for evidence of this kind. which he
said was evidently intended to estab-
lish self-defense. He objected to this
testimony at that time. Justice Brad
ford failed to catch the point of Bells
objection, jumping to the conclusion
that Bell was endeavoring to entirely
shut out the defense from a hearing
This led him to make this brief and
unexpected address to Bell:
Il say now distinctly that If you
have no more evidence I shall never
hold Mr.. Walters to answer
Bell flushed. rose to his feet and in
terrupted the court by saying. "I think.
your Honor, you are talking a little
rashly and recklessly"
His Honor was not to be stopped
however. IF you will give me some
evidence" he continued ito show that
Mr. Walters shot down Cook in cold
blood, and will then give Walters q
chance to answer your testimony"
Beerstecher here interrupted 'I
understood your Honor to say that If
the prosecution had rested it's case,
and would introduce no further
evidence in the case, consider
ing the evidence before your
Honor, you were of the opinion that
there is not sufficient evidence to hold
Mr.. Walters for the crime of murder"
Bell attempted to get in a word, but
Justice Bradford shut him off, saying
Il understood Mr. Bell to say that he