Los Angeles herald., 1905-02-17
OPEN
IN WEBER CASE
ATTORNEY HAMILTON BEGINS
FOR PROSECUTION
Gun Expert Called by the Defense in
Rebutta of Carr's Testimony
Proves Weak
Witness
BY Associated Press.

AUBURN, Feb. 16.-In the Weber
trial today the expert called by the
defense in rebuttal of Expert Carr
finished his testimony. He was handled
pretty roughly by the attorney general
and made to confess he did not know
much about the measure of calibres
and he was even unable to identify the
day. The defendant was put on the
stand again, but only to answer two
questions.
In the afternoon Attorney Hamilton
made the opening argument for the
prosecution in an impressive manner,
directing it mainly toward the defend
ants acts and demeanor at the fire.
At the opening of the trial this MORN
ing H. r. Kiessig resumed his testi-
mony as a gun and pistol expert. He
said there was no special unit of meas
ures for bore. One make of 80 calibre
was not exactly the same as another.
He thought the size of the bore made
no difference with the marks on
bullet He was handed the bullets
offered in evidence by him yesterday,
but could not identify them. He could
not tell what make of bullets they
were He knew very little of the
grooves in different pistols
The defense asked to have the pistol
cleaned, to determine if any change in
firing, but the prosecution said the
cleaning might for obvious reasons
change it's condition and it might be
desirable to keep it unchanged for
future use.
Speaks Well of Carr
Max Abrams of San Francisco, Il
wholesale jeweler, for prosecution, tes-
titled that he was acquainted with
Henry Carr. His reputation for truth.
honesty and integrity was good in the
business world. Jacob S. Lehrberger
of San Francisco, also a wholesale
jeweler, testified to the same effect.
George Brinkerhoff knew Adolph last
summer in San Francisco. He then
wore a lark blue overcoat. He never
knew him to have a pistol or wear a
gray overcoat or light hat.
Adolph Weber was recalled by the
defense. He knew Chester Fowler and
George Brnkerhoff. He never went
out evenings in San Francisco with
any other persons. He did not hear
Edna Fulton speak to him at the fire.
Some one asked him where his folks
were, but he did not know where.
The court then announced that the
order of argument by counsel would be
Hamilton to open for the prosecution,
Tabor to follow for the defense, then
District Attorney Robinson for the
prosecution and Tuttle for the Defense
followed by George Johnson, also for
the defense, and Attorney General
Webb to close for the prosecution.
No Limit on Arguments
The court stated that he would limit
the argument for each side to one day,
if no objection was made, but Attor-
ney Johnson said he did not wish to
be limited and the court said he would
place no limit.
In rebuttal by the prosecution, Sam
Nathan. Nathan Rothe, George w.
Guppy and Henry johnson. all of San
Francisco, testified that Carr's gem
eral reputation was good.
A. j. Hulen testified that he looked
at his watch at $3.50, when Fellows said
he heard screams. Fellows jumped
out of his wagon six minutes later.
r. f. Glenn of Ophir heard a con-
versation between George Ruth and
Lux and Vaughan He was positive
he did not hear Ruth say he did not
carry out the boy. Everybody in
Ophir was asking Ruth about 1t ana
he told them that he carried the boy
out. The witness was positive he
told him so.
This afternoon several unimportant
witnesses were recalled and questioned,
but nothing special was gained. Then
the case was closed unless certain wit