The San Francisco call., 1904-11-20
Prosecutor and Counsel for
Prisoner Engage in Person
alities and the Judge Is
Called Upon to Interfere
WITNESSES THROW
NO LIGHT ON CASE
Attempt Is Made to Prove
That the Accused Told a
NeighbOr That There Was
No One in Burning Home
Special Dispatch to The caH.


AUBURN, Nov. 19.-The preliminary
examination Of Adolph Weber. who is
accused of the murder Of his parents.
brother and sister, was resumed to-day
before Justice Smith As on the pre-
vious day, there were frequent tits be-
tween District Attorney Kelly Robinson
and Attorney Ben 2. Tabor. who repre-
sents the prisoner. Robinson finally
lost control of his temper and an
nOunced that unless the court protect
ed him from the insults Of Attorney
Tabor an unpleasant scene would like
ly follow.
Tabor was about to reply when JUS
tice Smith checked him and asked Rob
inson if he did not fear being punished
for contempt.
Robinson made haste to reply that he
had no desire to be in contempt of
court, but at the same time he would
be obliged 10 protect himself if the
nagging on the part Of opposing coun-
sci did not cease.
Justice Smith then cautioned the at
tOrneys on both sides 10 display less
feeling in the conduct Of the case and
the incident closed after Robinson had
apologized for his language.
The testimony adduced was in ef-
feet the same as that given at the Cor
oner's inquest. Mrs. Bertha SnOwden.
a sister of the murdered woman was
the principal witness examined during
the day. She repeated the story Of the
threats made against her by the Drls-
oner the morning of the murders. when
he accused her Of being responsible for
the circulation of a TumOr that he was
the assassin. She testified that he shook
his fist in her face and angrily ex-
claimed, Your turn is coming next.
He repeated his threat while he was
eating his breakfast in her home. and
for a time she feared he was about 10
attack her.
Weber sat as immOvable as a piece
of marble while Mrs SnOwden was Civ
ing her testimony and to all appear
ances was not interested in the pro-
ceediDgs. He gaZed straight ahead Of
him and not for an instant did his ewes
turn toward the witness. Mrs. Snow
den was greatly affected. and it was
with much difficulty that she restrained
the tears while telling the story OF her
nephew's heaTtless conduct toward her.
The clothing worn by Weber on the
night of the murders and the panta-
looms purchased by him a short time
before his home was discovered to be
on fire were identified by Deputy
Sheriff May and introduced in evidence.
May testified that on the knee of one
of the undergarments he found a stain
JndI appeared 10 nave DeeQ caused DIV
blood.
Benjamin Dipendener. who was one
Of the first OF the neighbors to reach
the burning Weber home on the night
of the murder, testified that he saw
Weber at the south end of the house
Did you ask him if there was any
one in the hOuse?" queried the District
Attorney.
I did," replied the witness.
l.
Il do not know that he answered
me-" said Dipendener, but some one
answered No"
District Attorney Robinson expected
to prove by Dipendener that Weber
had told him that there was no one in
the house. Testimony Of that character
would greatly strengthen the case for
the prosecution. The witness would
not make the admission. however, and
to all questions along that line an
swered that he did not know who re-
piled TO his query. He moreover denied
having told any one that Weber had
answered that there was no one in the
house. Neither would Dipendener ad-
init the fact that the prisoners life
might hang on his answer had any in
huence on his testimony. All that could
be learned from him was that some one
had answered in the negative, and he
would not swear that the person was
Weber
The court then adjourned until Mon
day afternoon at 2 O'Clock and Weber
was taken back to his cell.