The San Francisco call., 1899-12-05

Didn't you tell District Attorney Daley
of San Bernardino that what you heard
that morning on the third floor of the
Croker building was:
You -- Frenna. I'll kill
you o.
and he told me II would be better to put
Frenna's name in" replied the boy
quietly.
This unexpected answer caused a per-
ceptible stir IN the courtroom and all
eyes were bent to catch what might fol-
low Attorney Hosmer sought to secure
an admission that Walsh himself had
first made the statement of what ne had
heard with Frenna's name includeo' put
done so. The attorney then demanded 10
know II the boy had not visited his ofi,cs
on September before he left the city and
left a note addressed to him reading as
follows:
IAN that I seen was half the man that
shot and / heard some loud taking
That's ALL"
This was admitted. but IL is difficult 10
see wherein the admission is OF any ma
terial benefit 20 the defense. Walsh was
finally excused and the prosecutor an
nounced that the people rested. Hosrher
then consumed an hour in reading MS
opening statement TO the jury. II was d
voluminous document, and In II the ne
fense claimed that il would prove tnat
had not only swindled Frenna but that
he had threatened 10 kill him, this threat
having been first made as Iar Dach 90
1895. Every financial TRANSACTION IN wI.od i,.oa
Turner and Frenna were Jointly lnNolNeu
was recounted, and the attorney 1oI the
defense contsnded that Frenna mao a pe
come so wrought up during the past p,s uHe
years in trying to secure settLeIncn,'
from Turner that his mind was anecieu'
'''Then YOU set up a defense OF INSANITY
do you?" interrupted Mr.. Murphy.
well. er yes; temporary INSANITY , ana
self-defense.'' replied Hosmer. hesitat-
ingly. I'VE will show that on the morn
Ing of the killing Frenna was not IN hls
right mind" continued the attorney Illoi
positively. He then proSeeeossea- n 'Sutidinx
Immediately preceding the shooting from
the standpoint Of the defense.
when Frenna stepped out to Of Nh the E6s- e5s-
vator and saw turner !ysat saio have ave Vou
done with my land?' Immediately upon
his asking this question Turner, who had
passed him. started back, and, putting
Frenna. I'll show you At these
words Frenna, who had secured a permit
TO carry a revolver because OF turner
repeated threats to Kill him. drew his
F. B. Daley of San Bernardino, who In
the capacity Of a Deputy Sherin, orougnt
Willie Walsh TO San Francisco. was then
called and the boy Identified him as the
man M whose suggestion he had changed
his statement, inserting Frennas name,
$50 IL would sound better. Court then
took a recess until o'clock Tor luhSh; en-,
Charles Easton, butcher on POLK
street was the first witness to take the
stand for the defense. He was followed
by Richard Wood. a grocer; CnarIes
a cigar dealer. Their testimony all re-
lated 10 having seen Frenna at about
O'Clock on the morning OF the trageoy'
before he came downtown. Ihey all yes,
tified that he appeared to be in good
shirts. Easton was particularly sure on
This point. as he said Frenna told MN
that he had received an ADDITION 10 MS
family and was feeling good
sion was former District Attorney Daley OF
Berna.dino. He testified that Walsh nad
made a statement In the presence OF MN,
self and Sheriff Rouse In which ne mad
said that Frenna's name was mentioned
in the threat heard by him Just previous
10 the shooting in the Crocker building.
He. said the boy had MAGE the Sst s,stemen, men,
reconsideration asked that Frenna name
be stricken out. This statement was aiter-
ward DESTROYED and another with fren-
mas name left in was prepared which
Walsh also signed. Daley admitted that
the second statement was made at the
suggestion of the Sheriff and himself, but
he declared positively that they had not
suggested what language the boy should
use They had simply urged MIN 70 tell
the truth. The affidavit was put In eyi-
dence. no objection being made by the
prosecution Daley denied on cross-ex-
animation that he was In any way In.
terested in the case, but he nnally and
with evident reluctance admitted that as
soon as he secured young Walsh's state
ment he had tried TO reach both Attorney
Barnes and Attorney Hosmer over the
long-distance telephone. Not being able
TO communicate with them at once by tel
ephone he had sent a telegram to II. A.
Keller a friend OF his residing in San
Francisco, requesting him 10 see defend
ants attorneys and inform them that he
had some good evidence in favor Of the
defendant.
The only other witness examined was
Bernard Bienenfeld, who has an office on
one OF the upper floors OF the Crocker
building. Mr. Bienenfeld testified that
Frenna was In the elevator that carried
him up on the morning of August 20 and
got off at the third floor. moment later
witness heard the shots.
w ]. Andrews, the witness for whom
an attachment was issued last week, was
in court in the morning and explained
that he had been called East on urgent
business and had been unable to obey the
summons Of the court. He was adjudged
guilty of contempt and ordered to appear
in court for sentence at 10 o'clock Satur-
day morning.
The trial will be resumed this morning
at 10 o'clock. Il Is the intention Of the
defense to put Frenna on the stand this
morning TO tell his story OF the shooting