The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-11-30
kLEINSCHM|OT'
LIBERTY RESTS
WITH THE COURT
Habeas Corpus Application
to Be Decided by
Judge Harris
UNDER AMUSEMENT
Delay Until Tuesday Not
Pleasing to Attorneys
for Accused
PRISONER IS NERVOUS
Handcuffed to Deputy, He
Is Taken From Jail
to Courtroom
PRISONER IS NERVOUS

Harry KleinschInidt's fight for life
and liberty has begun. Before Judge
Harris of the superior court in Ala
media county Lin S. Church and Brew
ton Hayne, counsel for the prisoner.
began yesterday afternoon the strug-
gle which will end only with the
vindication or death of their young
client, charged with the murder of
Frank Bellows. They asked for
writ of heabeas corpus on the ground
that nothing had come to light which
would connect their client with the
death of Bellows. After listening to
the evidence produced, Judge Harris
said that he would take the subject
under advisement and render his de-
cision next Tuesday morning.
His original attitude of careless
abandon, resumed for the time being,
Harry Kleinschmidt listened to the
proceedings in the courtroom, laugh
ing and chatting with his attorneys
and the officers of the court, even smok
ing a cigarette given him by a news
paperman. There was but little OF the
nervousness and weakness of which
his jailers have talked so much ap
parent In the mans actions or looks.
No one would have picked him as the
prisoner at the bar. fighting for his
liberty. If it had not been for the pres
ence OF Deputy Sheriff Liese. who was
sitting beside him. and the CLINT of the
steel handouts which bound the pair
together as they left the courtroom.
NERVOUSNESS SUPPRESSED
1t was only in the twitching of his
large. strong hands, free while the
hearing lasted, that the prisoner gave
any signs of the nervous strain under
which he has been laboring since his
arrest In the frequent consultations
he had with his attorneys during the
course OF the hearing these hands were
never still. He talked with them as
much as with his voice. They are ex-
pressive hands, carefully kept, mus
cular. capable of dealing a tremendous
blow or holding a struggling man to
the bitter end. They are the short
hands one would expect to see accom-
panying the heavy jaw, small nose and
slanting forehead Of the prisoner.
notwithstanding his careless attitude
in the courtroom. Kleinschmidt made
almost frantic efforts to protect him
self from the newspaper camera men.
AS his right wrist was chained to the
left wrist of the deputy sheriff while
passing between the Jail and court. his
attempts must have cost him much in
convenience. If not actual pain, for he
persisted in twisting around in order
to have the officer between himself and
his tormentors.
The action of Judge Harris in rcfus-
ing TO consider the case at once
brought forth the first approach to a
statement which the lawyers for
Kleinschmidt have made Brewton
Hayne said in this regard:
While ! have no desire to appear to
be finding fault with the court, 1 must
say that under the rules / fail to un-
derstand where Judge Harris got his
law. There is nothing in the com
plants that have been filed to connect
our client with the death of Frank
lows-absolutely nothing-yet the
court has set aside our arguments and
refused even to permit the prisoner to
be admitted to bail. He may have his
reasons. but I for one can't see them"
VICTORY FOR BROWN
District Attorney Brown won an
undoubted victory in the refusal OF the
judge to hand down decision on the
case yesterday afternoon. He practi-
cally admitted that the case OF the
prosecution is not as yet complete. but
he added that continuance of the legal
holidays forbade any formal action in
law either by swearing out warrant
against the prisoner or by fling for
NAL complaint against him
In lieu of either OF the forms of
procedure the district attorney sub
mitted three affidavits sworn to by
himself, Deputy District Attorney Phil
ip NJ. Carey and Marshal vollmer, chief
of police of Berkeley In all of these
documents. which are practically iden-
tical. the prosecution AYERS that they
verify believe that Harry Klein
schmidt is guilty of the murder Of
Frank Bellows.
These afidavits further state that
the investigation OF the case has been
going on since September Is last. and
-------------