The San Francisco call., 1909-08-22
MAXWELL'S FRIENDS
RUSH TO HIS AID
Ready to Back Up Slayer OF
Pincus in His Claim of
SeIf=Defense
Samuel Fitzpatrick, Fight Pro-
moter, Says SaIOOnman
Reached Toward Belt

william Maxwell, slayer of Edward
lincus. hopes to be freed of punish
lnent for his crime through the testi-
nony Of samuel Fitzpatrick. the fight
pronoter. who was with Maxwell when
lie shooting took place but disappeared
shortly after and did not 60 TO police
resdquarters to tell his story until
Yesterday afternoon. Fitzpatrick says
tnat Pincus reached toward his belt
where ne was reputed TO carry pistol
before Maxwell shot.
This statement, unless contradicted
bv strong testimony from several wit
resses. viii not fail. il is believed by
the police. to support the murderer's
plea of f-defense.
Thomas J. Davis Jr. made state
1nent 10 the police yesterday, in which
his assertion that he saw a revolver
living on the sidewalk beside Pineus
was not so stoutly declared. He said
he was fairly sure" he saw the pistol
there. and that it had disappeared when
The police arrived.
PLEA Il sELF-DEFENSE
Maxweus case was called in the
police court yesterday morning oetore
Judge Weller but as there is no com
plaint or file against MIN II was pu1
over until Thursday morning Tor ar
rafc-urlent Attorneys T. J. CROWLEY
and George Appel appeared 10 repre-
sent the prisoner. and Crowley an
rounced that he had asked the coroner
10 hurry Pincus' inquest as much as
possible in order that the complaint
might be drawn up and the case begun
Crowley intimated that MaXwells plea
would be self-defense. The Inquest
will be held Wednesday morning
That Maxwell win not lack for
friends and money TO support his case
is certain. for many persons VINO nave
known him during his years of politl-
cal service and business activity about
the city called upon him with offers
OF aid. one friend, Captain Wllllam May
a former officer in the national guard
and a man OF wealth, said that ne
would spend $4,000, if il became
necessary. TO defend Maxwell
WATCHED PINCUs APPROACH
Fitzpatrick's statement is clear in de-
tail. and shows so much evidence OF
correct observation that he undoubtedly
viii assume the position Of chief wit
ness for the defense. Fitzpatrick, with
Maxwell watched Pincus from the time
he appeared in view, and so what he
relates IS not the confused memory OF
something he was not paying particu-
lar attention TO at the time but the
recital Of a drama in real life.
Fitzpatrick said that Pincus' motion
toward his belt so frightened him tha'
he Jumped into nearby doorway, eX
pecting 10 see the saloonman draw
revolver. and when he heard the shots
ne says he thought that Pincus wa
firing at Maxwell
AT about p. NJ. I met Maxwell il
front of Breen's saloon" the fight pro
noter says. and we talked there 70
2 bout FIVE minutes Then we went IN
side TO get a drink. stayed ther'
awhile and came out on the sidewall
a gain. where we talked about 10 min
utes more.
MAXWELL FEARED PINCUS
We saw two men coming down Mar
l,et street toward Mason, and the,
passed as and stopped when about =
feet from where we were standing
They stood on the curbstone. and tn
taller of the two, who, / found ou
afterwards. was Raicevich. went 10 tn
fountain there at Mason street and go
p drink Of water. Then they returne
toward us and Maxwell said 10 mt
that fellow Pincus has got a gun. an
TIN afraid there viii be trouble. Max
well turned very pale, and seemed l
be very frightened.
The two came up to US and Pincu
said TO me, look out, Sam, or that -
there viii rob you and then he stuc
his hand down the top of his trousers
IS thought, TO draw a revolver.
jumped into a doorway to prevent be
ing shot. and as I did so heard the tw
shots. 1 Immediately thought ths
Pincus had shoE Maxwell