The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1903-09-02
ADMITS FIRING
THE FATAL shot
:.
.Brismo. MARITIME. Tells
of the Killing Of
La Paine. !:
Claims the. Death of: Young
Bather Was Br ought.
About Accidentally ~, :.


REDWOOD CITY. Sept. 1.-The trial ef
George Mcclellan for: the. killing of the
boy; George La. Paine, was resumed this
fierhing and before noon the. prosecution
closed its. case: The testimony of 'the
autopsy physician, Dr. j. L. Ross; given
at the preliminary examination, was read
TO the jury, as Dr. Ross was unable. to
be present: +,
/ The three boys who were with La Pdlme
/ at the time he was SHOT gave testimony
similar to- that given in the lower: court.
These boys, Sharon, Higgins and Waldt
Paine 10 battle. They saw three men
near the Mcclellan house snoot in their
direction. They. saw the: bullet strike the
earth between: them and the men; Hig-
gins, Sharon and Wald got be-
hind a. dyke, while La. Paine stay
ed in a. boat From their place
of coneealment they heard d sec
ond shot and. heard La: Paine ,exclairl
II IN sh:oti-I,m shot: One of them asked
where and: he answered, I'm the breast :"
La PalTne then ran toward them and fell
dead. =.
The District Attorney then called: on
Brisne MARITIME to testify MARITIME: res.
fused 10 answer the questions put to him
and Attorney Bullock asked the court to
dismiss the charge against him in order
/ that he might be made a witness for the
prosecution : :
Judge Gesford made the order and, I'M
.structed the witness. that he. could: not.
be. prosecuted and directed him TO an.
swer the Questions. -
|. MARITIME testified that he was WORKING
for the McLellans on their ranch on July;
d when these boys were seen on the.
marsh He said. that George. Mcclellan
- = off ii
and when they paid no heed the warm
ing Sent Howard Mcclellan into the house
for a rife. .. Howard. got: the rifle. land
George told him. to give:it to the witfsess,
MARITIME. He then directed MARITIME TO
shoot in. the direction OF the boys to. scare
them on Several shots were. fired, hone
Of which seemed: TO have the. desired eff
feet. George then ordered MARITIME to go
closer. They :all walked down to- cor
raj gate, where witness fired several more
shots, it being one. of these latter that
killed La PaiEne..
MARITIME admitted that he was not direct.
ed TO shoot to kilI.or even to hit the boys
He also admitted that George. Mcclellan
fired. none of. the shots. He said that
after they, had learned the result of the
shooting he asked Mcclellan what to do
and was told 10 ''get out of IT the best
way he could" The prosecution then
closed its case.
After the moon adjournment the: de-
Tense commenced taking testimony and at
the close Of court this afternoon boy
10 years hold. named A. j. Pierson,. and
one OF the defendants. Howard H. Me-
Dellan.- had. been examined. .PiersOn'
claimed that he was present at the time
the shooting commenced and fatty con-
tradicted the testimony given by MARITIME.
be was Standing in.:the door of shed
not more than. ten feet from the men
when. they. commented talking about: the
boys. He testified that he heard the two
McIellans' talking about going down to
the creek to. see who the boys were and
drive them off the premises. He :.also
heard MARITIME say Go, get ME the':rifie
and III scatter them, referring to the
boys;
Howard McLel1an, he said, went IN the
house and brought the rifle out to Mar
tine and the latter then commenced. to
shoot Witness said George Mcclellan:
gave: no orders about: using the. rife and
said nothing about shooting at the boys
or: in the direction. of them. =.
Howard Mcclellan. testified that he was
/ told by MARITIME 10 go; and get him the
rife and made THE REMARK amout Scat
tering' the boys testified to. by PieFson.
Howard Thought ABOUT eight shots in all
were fired with the fife by. MARITIME, He
said that. not only did George not order
MARITIME to fire, but that he ordered. him
+ to cease firing before the fatal shot. was
discharged. The case. viii. go on to-nior:
row : q.