The San Francisco call., 1909-03-16
Candles With Death
To Saue Brother; Life
JAMES YOUNG SAYS
HE KILLED HELMS
Makes Sensational Statement
on Stand During Trial of
Twin for Murder

life of his brother. James O. Young
took the witness stand in Judge
DUNES court yesterday and stated
under oath that it was he who shot
Policeman William H. Helms, and not
Thomas o. Young, his twin, who is
on trial for the murder
The admission caused sensation in
court. Coming at the end of long
recital of the circumstances leading up
to the shooting, the dramatic effect of
James Young's apparent sacrifice of
himself was marked. For several mo-
ments after he uttered the self f-incrim-
mating words there was utter silence
The jurors gasped in amazement. Judge
Dunno and Prosecutor Louis Ferrari
looked at the witness as if they be-
lieved their ears had deceived them.
But after a short pause Young. led by
the questions of Joseph Patton, his
brothers attorney, went on with his
surprising story
1t is said this is the first instance
in American criminal Jurisprudence of
man deliberately declaring himself
guilty of murder in the effort to save
another from the gallows. James
Young's testimony, whether it be fool
hardy or heroic. may result in en-
cir@ling a moose round his own neck.
If his brother, Thomas, be ACQUITTED
he will be placed on trial for the muir
der.
PLAYS GAME OF CHANCE
James Young. it is believed, is in the
last stages of consumption The theory
has been advanced that, realizing he
has not long to live he has elected
to play game of chance with the
remnant of his days for the stake of
his brothers life. The prosecution
does not place much stock in this
theory of brotherly love and self
sacrifice. James Young is in some
danger himself, even if Thomas be con-
victed of the killing. He has been
jointly charged with murder. The dis
trict attorney claims he passed the
gun to Thomas with which the shoot
ing was done. 1t is the belief of fhe
prosecution that James told his self
accusing story with the one object of
adding to the confusion in the minds
of the jury, already oceasioned by the
remarkable likeness of the II year old
twins.
James Young's present story is at
utter variance with that he has pre-
viously told. Heretofore he has con-
sistently accused his brother of the
shooting. Thomas on his part has al
ways said that James sped the fatal
bullet
SAYS HE SHOT HENS
James Young says now he shot Helms
because the policeman was kicking his
brother.
4 couldn't stand it any longer.
let him have it," were the words he
used in his testimony yesterday
You mean you shot Policeman
Heins?' asked Attorney Patton.
Yes, that's what I mean" answered
the witness.
He explained that he was about five
feet away from Helms and that he shot
him from behind. At the time he was
shot Helms was STOPPING over Thomas
Young, who had thrown himself on the
sidewalk. after having been elected
from the o X saloon in Pacific street
1t is the theory of the police and the
prosecution that Thomas Young fred
the shot after he had been drawn to
his elbow by the officer and that he
used revolver that his brother had
passed to him.
Prosecutor Ferrari did not cross ex-
anime Young about his testimony. He
merely introduced written statement
signed James Young" in which
Thomas Young was accused of the kill
ing, and asked the witness if he had
signed it. He admitted he had, but
said the statements IT contained were
lies. He insisted that he did not read
the statement before signing it and
that he did not know what It con-
tanned. The paper was signed by James
Young in the presence of Captain Of
Police Duke and Chief w. ]. Biggy. It
contained the words:
That is my twin brother. I saw him
shoot the policeman as the policeman
leaned over to pick him up When
James made that statement later in
the day OF the shooting, Thomas, with
whom he was confronted, said: Il
deny It.. You lie 1t was you that
did the shooting.
At the first trial of Thomas Young
James did not take the witness stand.
The jury disagreed.
THOMAS YoUNG's VERSION
Thomas Young was witness in his
own behalf yesterday. His testimony
was about the same as he gave at the
first trial. He said that when he was
thrown out Of the o K saloon he fell
to the sidewalk in stupor. From this
he was awakened by a shot and re-
members seeing the flash. He denied
positively that he shot Helms.
Prosecutor Ferrari does not believe
the case of the people against Thomas
Young is at all weakened by the self
discriminating story Of James Young.
"The jury will not believe this tale
as against James Young's original de-
NAL of the shooting" said Ferrari
'I am satisfied the jury will convict