The San Francisco call., 1904-12-09
BEGIN WEAVING
THE EVIDENCE
Prosecution and Police Open
the Preliminary Examina-
tiOn of David Kiniry, Thug
Prisoner Smiles Pleasantly
as the Testimony Piles Up
to Form Murder Case Chain
Oakland Office San Francisco Call,

Odhldnu OlllCS San TdnClSCO OdAAs
1915 Broadway, Dec. s.
David Kiniry was placed on prelim-
mary examination to-day before Police
Judge George Samuels on a charge Of
numbering Policeman James H. Smith
November 81 1903.
This enigmatical criminal smiIingly
watched the coils of circumstantial evil
dence woven in court to-day. He smiled
when Police Judge Mortimer Smith,
brother of the murdered patrolman,
faced him from the witness stand. He
smiled and Joked when clinching bits of
evidence filtered from the witnesses as
strong points in the case were unfold
ed He was keenly intent, however,
and his sharp eyes saw everything that
went on.
Identification of the slain policeman
was given by his brother and the story
of the shooting was developed. District
Attorney John j. Allen assisted Prose
cutting Attorney Leach. After Judge
Smith, Policeman John Cockerton told
about finding Policeman Smith wound
ed on the steps Of the Palmer resi-
dence. He also related how he found
Goldstein's body and a pistol near it,
Detective Kyle explained a diagram Of
the locality which he made.
Reeves Baker explained how he found
PatrOlman Smith, from whose hand he
took a pistol.
Walter Withers testified he saw two
men with bicycles passing the Palmer
residence shortly before the shooting.
He saw and heard Policeman Smith
place the pair under arrest.
Any questions, Kiniry?' asked
Leach.
mo, none" replied the prisoner. He
explained everything very nicely"
Henry Herman, a coachman, gave
evidence as to watching two men run
through Fourteenth street after the
shooting. He was present when Gold
STEMS body was found. Near it a gun
metal watch was picked UP. That
watch, the police say, they will prove
belonged to Kiniry.
Testimony concerning Policeman
Smiths condition when he was taken
to the Receiving Hospital was given
by DR.. o. d. Hamlin, who gave a re-
markably clear narrative. This, to-
Gether with DIR. Hamlin's report upon
the autopsy, forms strong points in
the case.
DR.. George G. Reinle corroborated
DR.. Hamlin. DR.. ]. NJ. Kane and DF.
G. E. Curdts gave evidence upon the
Goldstein autopsy, which was also
strong in support of the prosecutions S
theory.
Dwight L. Strong. Miss Daisy No
Ian, Charles and Fred Kutz, brothers,
who heard the shots, added to the
record.
The two bicycles used by the bur
glars were taken into the courtroom,
while w. F. Townley, manager of
Leavitt & Bills cyclery. supplied tes-
tjmony that connected Kiniry and
Goldstein with the wheels. Contracts
were shown TOwnley, which, he said.
had been signed by Kiniry as follows:
Frank Smith, 1871 Franklin street"
and by Goldstein under his own name.
Kiniry stepped over to the wheels.
in the midst of TOwnley's statement,
and looked carefully and closely at
them. He nodded affirmatively to
Chief Hodgkins.
Prosecuting Attorney Leach and the
detectives made a search for num-
bers on the wheels.
IF Goldstein made a good job of il.
you won't find the numbers, said
Kiniry.
One number could be read. how
ever, and ii is the wheel that Kiniry
bought under the name of Frank
Smith. Townley identified the wheels
Z. F. Thompson, 419 Hyde street,
San Francisco, testified that Kiniry
and Goldstein had occupied rooms at
1919 Oak street, San Francisco. when
Thompson lived there in October last
year. Thompson saw the men with
bicycles very like those in the court
room. After the two men left Mrs.
Thompson found a cigar box filed
with plaster of paris in crucible form
and black cloth face mask in Gold
STEMS room.
Prosecuting Attorney Leach asked a
question touching gas bills. the import
being that Kiniry and Goldstein had
used gas and blowpipe TO melt gold.
Thompson could not answer the query,
but as he left the witness-stand Kiniry
said to his former landlord:
I'm sorry the gas bill was so high.
l hope you'll excuse me this time"
William Bannan, whose residence at
1857 Harrison street was plundered OF
valuable jewels a few days before
Smith was shot, identified a pair of
cuff buttons as having been among the
property that was stolen. The but
tons were found In Kiniry's trunk.
The examination will be resumed
tomorrow morning.
May Investigate Police Scandal.