The San Francisco call., 1905-02-15


the case OF Adolph Weber, accused Of
the murder of his mother, Mary
Weber, opened their case this morning.
Attorney Johnson made a long opening
statement. He said II was the inten-
ton OF the defense to introduce certain
evidence which would contradict the
evidence produced by the prosecution
and corroborative OF the evidence given
by the defendant before the Coroners
jury.
We intend TO prove" said Johnson,
that May Clark was not in Brewery
lane on the night Of the tragedy and to
show that the only time she saw Adolph
Weber was at the post office that
night"
johnson stated also that the defense
would prove that George Ruth did not
take little Earl out Of the burning
building, but that the little boy was
carried to the window sill by Adolph
Weber. johnson further promised to
show that the Weber family was alive
at $50 or Gas o'clock, and that the de-
fendant was down town at 6:35 o'clock
johnson declared it was absolutely
impossible for the defendant to have
committed the crime
The first witness examined was Lot
tie Smith. She testified that she was
living al the Palace" on Brewery
lane on the night of the tragedy and
that she knew May Clark
Did you see May Clark on the even
ing OF the fire and did she say to you
It's too bad that the house burned
that she was q friend OF Bertha
Weber's and that she often went there
and had been entertained" asked
Johnson
Yes" answered the witness.
CONTRADICTS MISS CLARK.
The witness further testified that her
real name was Bertha Gonzales. She
said she was walking up and down the
lane at $50 o'clock on the night Of
November 10 and did not see Adolph
Weber pass that way. She added that
May Clark had told her that Bertha
Weber used 10 coax her Cthe Clark
VSoman) UP TO the house and treat her
TO icecream and cake.
Myrtle Hall, who also lived at the
Palace" testified that she was present
when the Gonzales woman conversed
with May Clark.
The testimony given by II. Carr, the
secondhand dealer who has sworn he
sold a pistol to Adolph Weber. was
then brought into question. Charles A.
Lowe, Frederick A. Rose and James
10 the effect that they knew, Carr and
that his reputation was bad
Charles BauEhan of Ophir said he
knew George Ruth. He saw him in
OphiT a few days after the Weber fire.
He said he had asked Ruth if he took
the little boy out in his arms, and that
Ruth replied he had taken the old
woman out"
Fred Lutz of Ophir testified regard
ing his conversation with George Ruth
at Ophir. On that occasion. LutZ
stated. he said TO George Ruth: Il see
you have been making hero Of your
self by carrying out the boy" Ruth
replied: mo; did not carry out the
boy-I carried out the old lady" Lutz
added that his relations with Ruth
We're friendly.
by whom the defense expected to prove
conclusively that the revolver was not
in the barn a few days before it was
found. Rechenmacher said he was the
proprietor of the Auburn brewery and
was familiar with the Weber premises.
He told how he had gone to the Weber
barn to look around for hidden gold.
He said: Il went into the lower part
Of the barn, and as was looking
around I leaned against the sill where
the revolver was found by Clarence
AGeear"
Would it have been possible for you
TO have been within a few inches OF
where that pistol was and not see it %
asked Johnson
We'll, 1 hardly think that L could
have overlooked it." replied the wit
ness.
LOOKING FOR GOLD.
When the witness was asked what he
was doing in the barn he said, II was