The San Francisco call., 1904-03-09
Mason Uncertain Whether
He Saw Wrench or
Revolver.

Il believe" said Captain Martin.
that Joseph Buttgenbach was not
shot during struggle, but while en-
/ tirely oblivtous of his danger and at
work over the desk in the front of
! fice. The location of the hole in the
hat, the wound on the right side of
the head and the course taken BY the
bullet seem to bear out that theory.
1t Is true that we have not been able
up to the present time to secure evil
| dence that insures a conviction of any
body, yet Detective Ryan is out look
ing for couple OF witnesses that may
be able to throw some light on the
affair. 1t is evident that the person
that held the pistol rested his hand
against the iron column which forms
part of the scale, so as to steady his
aim, and then pulled the trigger. The
/ bullet struck Buttgenbach on the
right side of the head. near the top.
1t does not appear probable that the
shot was fired during a struggle. as
would be inferred from the testimony
given before the Coroner, but by some
one bent upon murder and aiming at
an object and that object Buttgen-
bachs head"
NOT SHOT IN STRUGGLE
Autopsy Surgeon Louis d. Baciga-
lupi. who has wide experience as an ex-
pert in gunshot wounds. declares en-
phatically that Buttgenbach was not
shot during a struggle. He also sup
plies an important piece of testimony
against Albert Buttgenbach.
I'm my opinion Joseph Buttgenbach
was not shot during a struggle" says
DIR. Bacigalupi. Il think that theory
highly improbable from the wound and
course taken by the bullet. A man
standing at the corner Of the scale and
shooting at an oblique angle would hit
Buttgenbach about where the bullet
struck, if the last named was at work
at his desk. 1t is not clear TO me how
Buttgenbach could have been shot dur
ing a struggle, as the hole in the glass
shows the bullet did not go through
in a straight line but on an acute angle.
In order to shoot in that manner IT be-
comes necessary to place the gun
against one of the iron columns Of the
scale. a position that would not be
adopted by a thug shooting on the spur
of the moment / examined Albert
Buttgenbach in the prison and was un-
able to find any evidence of a blow on
the head. such as he claims to have re-
ceived At that time he told me that
he did not have his hat on when
stopped by the thugs at the door.
In view of the fact that the younger
Buttgenbachs hat was found on the
scale Immediately after the shooting.
directly under the bullet hole. and that
he testified at the inquest yesterday
that he wore his hat when stopped at
the door, the statement of DR.. Baciga-
lupi is of Importance.
SAW MAN RUNNING.
What was regarded as evidence that
would clear Albert Buttgenbach Of all
suspicion was reported to the police
Yesterday by Hugo P. Trau and F. B.
Connolly, grocers at 31S Fourth street.
Subsequent developments. however
demonstrated their testimony to be of
little value Trau and Connolly said
that they were standing at the south
east corner of Fourth and Folsom
streets and were startled by a shot
They then saw a man run from Ship
ley street toward Folsom. After sprint
ing a short distance he retraced his
steps and vanished in the darkness.
They describe the fellow as being OF
slight build and wearing a fedora hat
and dark clothes.
At the Coroner's inquest Stephen Sla-
vich, 16-year-old youth, testified that
he was in front of Buttgenbach's, store
and ran up Fourth street a short DIS
tance upon hearing the shot He then
hastened back tC' the scene Of the shoot
ing. Both Connolly and Trau saw Sla-
vich at the inquest and after talking
with him decided that he eorresponded
in size and dress to the fellow they
had seen running. Connolly said last
evening that he was convinced that
1t was Slavich and not a thug he had
seen after the shot was fired. Trau is
of the same opinion and thinks the
testimony of himself and partner of no
Importance.