The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1903-09-19
DEFENSE SCORES
IN MURDER CASE
Prosecution Does Not
Show Motive for
Tragedy.
Mrs. Bowers and Mrs. Sutton
Are Unconcerned at
Evidence.


with The murder Of the former woman
husband. Martin /. Bowers, by the ad-
ninistratiOn Of arsenic, was continued be-
fore Police Judge Cabaniss yesterday af-
terroon.
The days proceedings were mainly
taken up by Attorney Frank Drury for
the defense, who scored an important
point and succeeded in keeping from the
record considerable testimony that the
prosecution desired to get in.
The principal witness in the case, Pat
rick LerVey, alias O'Leary, on whose tes-
timony the prosecution relies TO prove a
motive for the murder, was made to
spen0 a very uncomfortable hour on the
witness stand. Every question made
by the prosecution was met by
q cross-fre Of objections on the
part of the attorney for the defense, and
though Judge Cabauiss was willing TO al
low every latitude in the Introduction Of
evidence. the defense scored at every
point Lervey, or OLeary. as he is
known. made a poor showing and the
prosecution simply succeeded in proving
by his evidence that he had known Mrs.
Bowers, the wife Of the deceased. for
some months and had visited her at her
home and met her at other places. Not a
particle Of evidence was elected from
% Lervey to show that he had the slightest
connection with the alleged murder of
Bowers or that he figured in any manner
as a motive for the murder, if such took
place
DEFENSE SCORES VICTORY.
Attorney Drury forced Expert Carl
Eisenchimmel. the man who poses as
as knowing all about handwriting, to con-
tfadict himself. He made the witness FOR
the prosecution admit that the testimony
Re gave yesterday was not the same as
he gave before the Coroner in the same
case.
In order 10 strengthen the contention of
the defense that the actual cause of death
Of Martin /. Bowers had not been proved
the attorneys for Mrs Bowers and Mrs.
Sutton placed Autopsy Surgeon Baci-
gallup on the witness stand. The doctor
testified that he had only removed the
stomach Cf Martin l. Bowers at the au-
toDsy and two portions Of the brain for
analysis By the City Chemist. So far the
prosecution has not proved the cause of
death of Bowers 10 be arsenlcal
poisoning The evidence admitted proves
that Bowers death was due TO fatty de
generation Of the kidneys, which might
have been caused by arsenic or by natural
causes or from many other reasons.
Patrick Lervey. alias OLeary, was
then put on the witness stand by the
prosecution LerVey has been in Gus
1Ody Of the police for some weeks, and
he proved either a stupid or an unwiIl-
ing witness. His examination by Dis
trict Attorney Byington disclosed nothing
of material value. and the attorneys for
the defense declined 10 cross-examine
him.
HESITATES TO ANSWER.
Lervey, or O'Leary hesitated TO answer
the many questions put TO him. He
showed that he was nervous and realized
hra
had TO be repeated TO him ami read by
the court stenOgrapher, and Judge Ca
baniss was kept busy in explaining the
questions propounded to Lervey and pass
ing upon the rapid-fire objections Of at
tOrney for the defense.
The gist Of Lervey's testimony was
that ne had been acquainted with Mrs.
Martin ]. Bowers for some months pre-
vious 10 the death Of her husband He
admitted visiting her frequently at her
nome and TO keeping enga gements with
her at a number of saloons He also
reluctantly testified that Mrs Bowers had
called on him on the day her husband
died and that he spent the night AT her
home and also the following night Not
particle Of evidence was produced bv
the prosecution 10 show that any Illicit
relations had existed between Iervev
and Mrs. Bowers, and the prosecution
tailed 10 prove by the witness that he
TOWerg
possession when he was arrested by the
police. He admitted that Mrs. Bowers
had given him the watch. and Detective
Ryan later on testified that Mrs RoUrere
had informed him that she had given the
watch 10 Lervey for safe keeping.
DETECTIVE RYAN TESTIFIEs.
The prosecution failed TO prove bv I,er-
Vey single incident that would tend 70
strengthen the theory that Mrs. Bowers
ano her sister had murdered Martin
Bowers by administering arsenic 70 him
or that love for the witness was the
motive for the crime
At the close Of the examination of I,er-
Fey Attorney Drury moved to strike ont
al the testimony Of the witness and
Judge CaDaniss took the motion under
Amusement
Detective Sergeant Thomas L. Ryan
resumed to arresting Mrs Bowers and
ner sister, Mrs. Sutton. He also told Of
gong 10 the drug store at the corner of
flIth and Clementina streets on the nigbt
Of august Y and finding the forged nre-
scIlpuon Tor arsenic TO which the name
OF Or Mclaughlin was attached.
The witness recounted a number os
conversations held with Mrs Tou-a,-- -
Mrs Sutton at the office of the Chief oc
foice, which statements have been nub-
nsneu- the gist Of the statements Of the
accused women being a general denial 90
me theory OF the police and prosecution
on the murder Of Martin L. Bowers T-ba
detective recounted how he had taken
mrs. Harry Bowers and Mrs. Sutton m
the drug store in question and that Drug
Clerk Peterson had identified Mrs. Sut
ton as the person who had presented the
forged prescription for the arsenic.
WRITING EXPERT ON STAND.
Attorney Drury sought in cross
examination TO prove that Drug
clerk Peterson was mistaken in his fde7
uty OF Mrs Sutton and that the descrin
ton he gave to the detective led the Of
ncer 10 bring Mrs. Harry Bowers to the
drug store for Identification.
Carl Eisenschimmel, the handwriting ex-
pert was called to the witness stand bv
the prosecution. He Identified the forged
prescription for arsenic as being in the
same handwriting as the examples of
writing Of Mrs. Bowers given to the DO
Ice and also similar to a letter written To
Harry Bowers by Mrs. Martin L. Bow
ers, one Of the defendants.
The witness testified that in his opinion
the word arsenic" in the forged prescrip-
ton was in natural handwriting. while
the name Mclaughlin was disguised