The San Francisco call., 1904-09-11
Grace McNaughton, Charged
With Grand Larceny, Ap-
pears in Justices Court
HER ACCUSER TESTIFIES
Chief of Police, However, Is
Not Allowed to Tell What
the Defendant Told Him
Oakland onice San Francisco Call,

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The confession obtained by Chief Of
Police Hodgkins from Grace Nc
Naughton, who is charged with grand
larceny by Mrs. Thomas Mein, was
ruled out at the preliminary examina-
ton of the accused, which began this
morning before Justice of the Peace
James C. Quinn. The Judge made his
ruling under decision Of the Supreme
Court to the effect that law officer
who has given advice to a person ac-
cused OF crime in order to obtain eVi-
dence has no right to testify against
that person. In response to the ques-
ton of District Attorney Allen. Chief
Hodgkins said that he had advised
Miss McNaughton to make a clean
breast of the matter.
Miss McNaughton was represented
by Attorney A L. Frick, while District
Attorney Allen and Attorney George
w. Baker, counsel for Mrs. Mein, ap-
peared for the prosecution. The girl
was accompanied by her sister, Mrs.
Kate Ramsey, and Mrs. White, the
wife of Deputy. Sheriff Peter White.
She was very pale from the effects OF
her recent illness, and her pallor was
heightened by contrast with her black
dress and hat. Aside from a slight ner-
vousness at the opening Of the trial she
showed no trepidation.
Mrs. Mein in response to questions by
Attorney Baker stated that last April
she employed the defendant as a
servant, and a few weeks afterward
she missed several articles from her
wardrobe, some table linen and a num-
Der of pieces of bric-a-brac. She noti-
fed the Chief of Police, who detailed
Detective Shorey on the case, and an
investigation by the latter resulted in
fastening suspicion on Miss McNaugh-
ton.
Did you ever order the Chief Of Po-
lice to offer the girl freedom from pun
ishment If she would confess?" asked
Attorney Frick.
IT did not" answered the witness.
'I offered no inducements to her. nor
to the Chief. At my house she said
she had taken the things"
The answer was stricken out.
After all the property had been
identified by Mrs. Mein she told how
she had recovered it. These articles
were returned to me by Mrs. Law
SON." answered the witness, who
seemed to know where all my things
were and she was wearing a piece OF
the Jet on her hat. 1 then called up
Chief Hodgkins and had all the ar
ticles laid out when Detective Shorey
called, and when he saw them he
laughed and said he wished he was
in the swim, too. Then he brought
Grace McNaughton to see me.
asked the Chief to arrest Grace, but
he refused. saying that 1 ought to
wait awhile I insisted that he arrest
her, as it had been shown she stole
the property. Still he refused to do
So"
Charles Kydd, an employe of Taft
& Pennoyer, appraised the stolen
property at about $50.
You do not know, except on hear
say. that Grace McNaughton ever had
any of this property in her posses
sion?" Attorney Frick asked Mrs
Mein.
Il do not" answered the witness.
And you never saw any of these
articles in the possession of the de-
fendant?"
NO, / did not"
Miss Clara Haggert testified that she
saw some of the articles on the bed
| in the defendants room on the day
that Miss McNaughton was packing
her clothes to leave Mrs. MEMS en-
ploy.
The examination was continued un-
til Friday, September 16, at 1890
a. m.