The San Francisco call., 1906-09-27
VANCE s STORY Of
TlLDEN's DEATH.
Witness Says Order to Halt
Was Given Several Times
Before Firing Commenced
MAYOR ON THE STAND

The defense of Malcolm T. Vance and
George Simmons, charged with the
murder of Major Heber C. Tilden on
the night of April %, was begun yes
terday morning in Superior Judge
Cooks Court Civil and military Of.
ficiaIs were summoned by the defend
ants counsel to testify to the condi-
tions of the city during and following
the fire. Vance was put upon tfletstand
late in the afternoon and told his story
of the shooting. Cross Questioning was
begun by the prosecution and will con :
tinue this morning at 10 O'Clock. The
case will probably be concluded today
Vance upon taking the stand. stesti-9
fled that his attention was first at :
tracted to the automobile by the fash
of its lamps He says that he heard
the cry to halt several times before the
machine reached the corner of Guer-s
rero and Twenty-secoud streets, where
the shooting occurred. He and his com
panions, Boynton and Simmons, cried
halt and after doing so he fired into
the air. Shots then rang out from the
machine and the guards on the pave
ment opened fire. The witness said he
fired his revolver four times at the
machine.
After the firing had ceased and TIL
den had exclaimed that he was shot
Vance said q voice called out from the
auto: You've got one of us; come up
here and I'll get YOU" On hearing
this Vance reloaded his revolver and
approached the auto.
SEAMAN LAY IN FAINT
Seaman, who was the principal wit
ness for the prosecution, was lying on
the ground and examination showed
thatea bullet had struck his belt and
caused him TO faint. On recovering he
admonished not to seek trouble. Vance
said that he had had no .animosity
toward Tilden and had not even known
him; that the machine was behind the
glare of its own lamps and that he
did not know how many were In the
auto. He said that he had no thought
of killing any one, but fired to stop
the machine
On oss-examination by Assistant
District Attorney Hanlay, Vance said
that he first saw the machine three
blocks away. but could not see the red
cross flag between the headlights. He
remembered distinctly seeing Simmons
fire one shot, but could not remember
that Boynton fired. The cross-examina-
tion will continue this morning, Han
ley having been limited by the court
to fifteen minutes in which to conclude.
Colonel Walter Kelly of the First
Regiment. who was called TO testify
to the conditions and the frame of
mind people were in during the fire,
admitted that he didn't know whether
martial law had been proclaimed and
that he appointed special patrolmen on
his own responsibility. He said that
for many days he did not report to
any superior officer, thinking that the
superiors. could hunt him up II they
needed him.
COLONEL KELLY WAS LOST.
Kelly added that for several days
he didn't know where military head
quarters was, nor did he know that
civil headquarters was at Franklin
Hall, although patrolHen came to him
with written passes from Mayor
Schmitz.
What made you appoint special of
ficers If you believed the city under
martial law2' asked Hanley.
We'll, / took chance" replied
Kelly.
1T was for taking that chance that
you have since been called Martial Law
Kelly was it not?" asked Han1ey. The
witness said Ii was. He also added
that he had no idea at the time how
he would control the acts of the men
he was appointing patrolmen, but
thought that he could do so officially.
Mayor Schmitz testified as to the con-
dition of the city at the time of the
killing. W. H. Mccarthy told of HIS
accepting the services of volunteer pa
trolmen in the district where Tildens
death occurred. Police Captain Ander-
son said he had gladly accepted the
aid of the volunteer patrolmen. James
OfLeary was called to show that Cen
eral Funston had been stopped by the
guards, but was not allowed to testi-
fy. L. w Simmons, father of one of
the defendants a Civil War veteran,
testified concerning gunshot wounds
James Rolph Jr. told of policing in the
district. John Hickey told of receiving
from Colonel Kelly orders to shoot to
kill. Thomas L. Edner gave a hazy
account of the shooting. George Isbell
was called to show the good character