The San Francisco call., 1905-02-08

70 discredit the testimony Of Detectives
Tichenor and Hartling is becoming
farcical. They produced another batch
of witnesses tonight in an effort to
prove that the detectives named are
not worthy Of belief, but in each in
stance the witnesses were proved to be
biased through connection with either
the section 26 shooting affray or the
swamp lands case, both Bakersfield
productions, or through hearing the
same discussed.
The belligerency Of opposing counsel
is becoming more marked with each
session and tonight the lie came so
near being passed that for moment
there was grave danger of a clash be-
tween Frank H Gould for the prose-
cution and Thomas V. Gator for the
defense. Gould drove his questions on
crOss-eXamination with a rapidity that
ofttlmes called for protest from
Gator. who demanded that the wit
nesses be given all the time they re-
Quired TO answer questions. Gould ad-
nitted that he was often in hurry TO
get in another question, but said it was
the preoccupation that Overcame him
IN the heat Of battle that was respon-
sible for his haste.
Things were going along well after
this until Gator suddenly conceived the
idea that Gould had again cut off an
answer a witness was about to make
and said:
Let the witness answer the ques-
ton right through.
I thought the witness was through, ="
said Gould.
You know very well he did not
think he was through" retorted Gator.
Don't you dare TO accuse me again, ."
said Gould jumpiEs TO his feet. Gator
did not rise and before the controversy
could proceed further Chairman Bel
shaw warned the attorneys to cease
their quarrel.
7 had not spoken" said Gould
when Gator made a remark that l
could not permit to go unchallenged." q"
Gator made no reply. but throughout
the session each watched for the op-
pOrtunity TO hurl home a verbal shaft
Joseph s. Jordan was not called TO
the stand tonight. it being the desire
of The committee TO permit the defense
70 put on its remaining character wit
nesses. 1t was announced, however,
that Jordan would go on without fail
tomorrow night at s o'clock. Jordan
VIII have an interesting story to tell.
After this announcement the character
witness on behalf Of the defense were
called.
Attorney Frank R wehe of Berke-
ley testified that he knew Detective
Hartling in DOwnieville and that he
bore a good reputation. Wehe was Dis
trict Attorney Of Sierra County for a
number Of years It was during his
residence in Downieville that the Aroni
murder case was tried. It yas testified
by B. F. LittejOhn, a character wit
ness called by the defense. that dur
ing this trial Detective Hartling swore
falsely and was impeached- Wehe,
however. disproved this by recalling
the record and also establishing the
fact that Littlejohn's testimony in this
investigation was not in keeping with
the facts in the case.
W H Daley. a San Francisco book
KEEPER, testified that Hartling's reputa-
tion was bad. but he went TO pieces
under cross examination and the near
est he could get to the question was
that seven years ago he heard some
people at Johnny Hergets ("Young
MitchelIs) saloon in San Francisco
say Hartling was "a bad one" and
that since the present scandal broke
he had heard the same view expressed
by one Kelly. a tin roofer, and by
others he did not know in twenty sa
loons in San Francisco" His appar-
cnt bias and effort to side-step the
cross-Questions Of McNab furnished
boundless amusement for the audience.
Dr. A F. Schaffer, County Physi-
clan Of Kern County, said Tichenor's
reputation was bad. He admitted,
however that he was one of the men
the possession of section 26. near Ba-
lzersfield. and was arrested for partici-
patton in the affair
Was not Senator Emmon's assistant
prosecutor ia that case" asked Attor-
ney Gould.
YES. he was" answered the witness.
Did you not go privately to Senator
EmmOns and ask him to dismiss the
case against you and offer to turn
States evidence?"
NO. I did not. ] went to him pri-
vately and told him ] did not want to
be dismissed. That If 1 was dismissed
would go on the stand and testify
lust the same as though 1 had not
been dismissed"
FRIEND OF ESIdONs.
..Yo4l have admitted here tonight
tbsr Won were with the crowd that
went out to section 26, and have ad-
nitted that you were among those that
shot at the men that fell seriously
wounded Did you not deny for
months after the shooting that you
were not among those that did the
shooting and did you not offer your
services as a physician TO the wounded
after they had been shot.
Yes. / guess that's right. I did
deny that ] shot at the men at the
time and I did offer to aid the
wounded"
whom did you shoot at?"
Il shot at Cornell and Walker. They
were shooting at me and ] had the
right TO defend myself
What do you know Of Tichenor?
To your knowledge did he return true
and correct reports OF the shooting
affair to his employers?"
YES. he did return true reports TO
his employers"
Then why do you say you would
not believe him under oath?"
Il wouldn't believe any detective
under oath I think the ethical CEN
ters Of their minds are peculiar"
But the report he made Of the
Shooting affair was absolutely cor
rect
Yes. it was correct"
These answers on the part Of the
witness are strongly in favor of the
case Of the prosecution as they go to
establish that Tichenor is reliable in
his professional work and this is all
the prosecution wishes to establish
In conclusion the witness was forced
10 admit that he had known Senator