The San Francisco call., 1905-02-17

wear a light hat or a gray oVercoat.
The witness declared he had never
gone out with Weber to buy revolver.
The defense introduced pair Of
brass knuckles and a blackjack in or
der that the jury might see what these
articles were.
DEFENDANT RECALLED.
Adolph Weber was again summoned
TO the stand by Attorney Johnson. DO
you know Chester Fowler and George
Brinkerhoff?" asked the attorney.
Yes. sir" said Weber.
Did you ever go out in the evening
in San Francisco with any young men
except these two?"
NO, sir" was the reply
Did you hear Edna Fulton speak to
you at your home on the night of the
fire."
mo. sir" said the defendant
''On that night did you hear some one
say to you. Where are the folks?' -
Yes" answered Weber Il said they
were here when l left
The defendant was not cross-exam-
ined.
A. ]. Hulen, a teamster. testified that
on the night of the fire he was driving
into town with a Mr.. Fellows. AS they
reached the Bernhart crossing, he said.
he looked at his watch. 1t was $50
o'clock. He did not hear any scream
from the Weber home, as his team
made too much noise. He stated posi-
lively that 1t was 6:35 or 6:36 when he
came to the corner of Sacramento and
High streets.
The prosecution next introduced r.
F. Glenn, who was in Ophir with F.
Lutz and Charles Vaughn when George
Ruth arrived there. Lutz and Vaughn
swore last week when on the witness
stand that Ruth had stated In their
presence that he had not carried little
Earl Weber from the blazing house
that he had carried out the 'old wom-
an" Glenn to-day testified that he was
present when this conversation took
place and that he heard Ruth positive
ly declare to every one who asked him
that he did carry out the boy.
The afternoon session was opened up
by the prosecution calling John Adams,
the administrator of the estate of Ju-
Illus Weber. General Webb stated that
he wished to prove by the testimony Of
Adams that there was no will and that
the estate would go to the prisoner.
HAMILTON'S ARGUMENT.
At o'clock Attorney Hamilton be-
gan his argument. In part he said:
The prosecution is here TO enforce the law,
and. headed by Attorney General Webb. has
endeavored to present to the jury clear and
connected case of circumstantial evidence con-
Meeting the defendant here with the murder Ut
Mary Weber Everything has been done to
make the chain Of evidenc absolutely complete.
The best endeavors of General Webb, the Dis
trict Attorney and Sheriff Keena have been
given to the ful1llnent Of their duties. 1t now
rests with you, gentlemen of the jury, to do
The defendant. Adolph Weber, is presumed
TO be innocent until he is proven guilty. He
is entitled to rights, particularly the right to
be tried by jury OF twelve impartial men,
The evidence here produced proves. to my
mind. that he is guilty of the terrible crime
with which he is charged. The attorneys for
the defense have said everything in his behalf.
Is there any in the world who can come
forward to prove his innocence?
1 have not gone into this case for share
Of the boarded fortune left by Julius Weber
that stands behind the defense. am in this
by the courtesy Of District Attorney Rob
inson and General Webb. l am here TO speak
for the laws of the State, laws that must be
obeyed. This trial is conducted entirely on
the basis Of circumstantial evidence. evidence
that | deem strong enough to convict the de-
fendant Of this horrible crime.
1 thank God that his father Is dead, that
his sister Bertha is QeaO anu LH6l his DTOlueI
Earl is dead for they will not be compelled
TO come to this court to swear that this boy
is the murderer Of Mary Weber. 1 appeal to
the laws of the land and l appeal to you,
1urymen who love these laws, to see In this
case that the law is carried out to the fullest
extent This horrible crime transcends any
crime known In this country to-day.
No matter what may be the result of this
trial TO the defendant IL is an important fact
10 you that he is tried for his life. On the
other side OF the scales Is his own mother.
The mother at whose knees he learned to pray
TO his God. Talk about the angels. talk about
the promised land, there is on earth something
better than all these. 1t is the affection and
the love of a mother mothers affection
on this earth is better than what the Bible
tells US is the promised land.
CIRCUMSTANTTAL EVIDENCE.
In circumstantial evidence it is necessary to
establish that crime has been committed.
mis- we can fully do. A little angel in the
shane of Frances Snowden left the Weber
family at b:30 on the evening OF November
had scarcely left that home when some one
entered there and murdered the whole family.
Who did this? The defense must put some
body into this case. They have suggested no
one.
This murderer knew the family well. He
shot his father through the heart he was
facing him; he shot his sister Bertha through
thu heart as she was looking at him, and he
shot his mother she was probably on her
knees crying ''Dolphy. Dolphy, mercy. mercy: