The San Francisco call., 1909-08-21
Trouble That Caused Tragedy
Arose Over Contract Held
by Dead Politician
Slayer Pleads Self-defense, Say.
ing His Victim Attempted
to Draw Revolver
Weapon of SaIOOnman Is Miss
ing and He Succumbed With
out Making Statement

y DwARD PINCUS. wei kno-
politician. dance hall proprietor
- and saloonman Of the forty-hfth
district. was shot and killed in Mar
ket street. near Mason. By William
Maxwell. brother OF George Maxwell.
former secretary OF the FIRE commits
sion. at 2;25 o'clock yesterday after
noon.
The tragedy was enacted while the
street and sidewalks were crowded
with people. and the two bullets
whistled past terrified women AMI
men before they found their mark in
the fleeing politicians body
The quarrel which provoked the
tragedy yesterday dates back 10 April
of this year. when Maxwell. as trustee
for the estate OF DR.. Frederick Zeile.
sued TO break contract held by the
saloonman on a vacant lot owned b.
the estate on Pacific street. between
Montgomery and Sansome. and sue
ceeding in ejecting Pincus- Since then
the two men have had fist fight. ex-
and gradually grown into the mood
that resulted in the shooting
Slayer Pleads Self Defense
Maxwell. pacing the corridor OF the
city prison. with . charge OF murder
against his name declared again AID
again yesterday afternoon that he was
forced TO shoot. that Pineus had been
insulting and bounding him for months
and that at their meeting yesterday in
Market street the saloonman motioaed
TO draw a pistol after cursing him aud
was stopped only by the speeding bull
let's
Pincus died on his way to the central
emergency hospital and made no state
ment regarding the ARRAY. He was shot
/ through the left lung and in the mouth.
and sunk rapidly to death
Which Of the two men made the FIRST
movement to draw a revolver has not
yet been ferreted out and may never be.
for conflicting stories are told by each
witness 70 the affair.
Fight Promoter Disappears
Samuel Fitzpatrick. the fight pro-
mOter. was talking with Maxwell when
Pincus approached. but he disappeared
Immediately after the shooting and has
not been found. s c. Raicevich OF sol
Lyon street. who was walking with
Pincus. declares that Maxwell hred
when the politician directed a sneer-
+ ing remark at him. and Maxwell stout
" contends that Pincus reviIed him
with the most degrading phrases and
then moved TO draw his revolver.
MaxwelTs statement is rendered
improbable by the fact that the closest
search failed TO discover a pistol upon
the murdered man. But the word Of
Tom Davis Jr. son OF Tom Davis tn
tailor. who conducts a store within a
few feet of the scene of the TRAGEDY.
supports Maxwell. for young Davis de-
clares positively that he saw a revol-
Yer lying on the sidewalk near Pineus
as ne lay PROSTATE
Revolver Is Also Missing
! This revolver. Davis says. had disap-
peared moment later when the police
arrived Maxwelrs pistol was found on
him when Detective sergeants Andrew
Gaughran. Charles Maephee. Jerry
TryeIl and James Mackey placed the
murderer under arrest at the scene.
The murder took place on the north
side of Market street. in front OF the
Dean building ss4 Market and close
TO Davis tailor shop at No. s52
Women screamed as the pistol
roared and then crowded around the
murdered man and his murderer. Man
we'll was standing almost over Pineus
as his victim lay upon the sidewalk
and the women pressed around the
pair. showing and lighting for view
OF the man breathing his last. The po-
lice had TO shoulder their way into the
curious thrcng-
Statement by Maxwell
Il was standing there talking when
Pincus came along Maxwell states.
and he at once began to revile me
with the lowest phrases. Finally he
made a motion to draw his revolver
from inside his vest. where knew he
always carried one. and I got in ahead
of him. 7 am going to get you now
Pincus shouted as he reached for his
gun. fred twice. and he fell
-For menths Pincus has been hound
ins me. threatening to shoot ne. aaa