The San Francisco call., 1906-09-08
VAR |AL LAW AND
STE|NMAN CASE.
Much Objection to Rebut-
tai Evidence on Which
the Defense Is Based
70 SOON REACH JURY

All the rebuttal evidence in the ia
,ob Stefnman murder trial was con-
sluded yesterday and the case for both
The prosecution and defense declared
closed. The arguments of Attorney Hi
am w. johnson for the defense and
samuel. M. -Shortridge for the people
will begin Tuesday morning. and it is
probable that the case will go to the
Jury some time Wednesday or Thurs
lay morning at the latest.
Long. legal arguments and constant
light by the attorneys of both sides in
IN effort to throw out or secure rebut-
tai evidence marked the progress of the
trial yesterday. Several new witnesses
were called during the day, chief
among whom were County Clerk Harry
[. Mulcrevy, Presiding Judge Graham
Of the Superior Court and Thomas F.
Finn, who was acting Sheriff during
the absence from the city of Sheriff
0Neill on April Is and 1s.
These witnesses were all called in
rebuttal and an effort was made
through them to show that conditions
on the days during the progress of the
big fire did not warrant the assump-
ton of the functions OF government by
the committee of safety, which was re-
sponsible for the proclamation regard
ing martial law on which Steinman's
iefense is largely based A considerable
v
witnesses was ruled out and many OBJ
jcctions to the admission of this kind
of testimony were sustained.
JUDGE CARED FOR FAMILY.
Judge Graham, who was called early
in the forenoon, testified that he did
not know on the 18th or 18th of April
whether or not the buildings contain
ing the Superior courts had been de-
stroyed by earthquake or fire, nor did
he know whether the Governor of the
State had declared those days legal
holidays. He said that he later saw. a
telegram from the Governor respecting
the legal holidays, but that during the
first days of the fire MS own attention
was given to caring for the needs of
his family.
County Clerk Harry Mulcrevy testi-
fed that he visited his Offices about
$50 o'clock on the morning of April
IS, there met several deputies. and SUI
perintended the removal of the papers
filed the preceding day. the cash books
and the seals to Golden Gate avenue
and Market street. from which place
the Office was later moved to his home
at 414 Haight street On crosse exam
ination he stated that one marriage Ii
cense issued on April 19 was the only
business transacted by his Office during
those two days and that practically all
NO SIGN on HOUSE.
He admitted that there was no sign
on the. house to show that the official
Office was located there, and that while
he was prepared with the papers and
seals to transact any business that
might be demanded of him he spent the
major part of his time caring for his
family. He did not know whether the
Governor had declared the days legal
holidays.
Thomas F. Finn declared that at no
time did he surrender the Office of
Sheriff to any person or committee, but
that he assigned orders to the differ
ent deputies and was busy caring for
the prisoners while the fire was in
progress.
We did no Office business" he said.
'If any writs had come we would have
tried to serve them, but we didn't ex-
pect them
Didn't you know that a committee
OF fifty, in which Mr.. McEnerney
played some part. had taken all the
law into its own hands?' inquired
Shortridge.
No"
did you not know that all laws had
been suspended"
No"
Did you not throw your. office into
the dust and ashes at the committees
feetg'
'I did not"
OFFICE LOCATION WAS CHANGED.
On cross-examination Finn admitted
that the Sheriff's Office had been re-
moved TO the Broadway Jail, and that
there was no sign to designate its To-