The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-07-11
WILSON SEEKS
NEW TRIAL FOR
BOAS MURDER
Expert Testimony Produced to
Show Alleged Slayer Did Not
Write Poison Letter
Character of Dead Man Attacked
and Case Continued for
More Evidence

That Harry j. Boas committed suicide
by sending himself strychnine through
the mail and swallowing it was the
theory elaborated with great detail by
Attorneys c. H. Wilson, Samuel NJ.
Shortridge and A. NJ. Cunning in an
argument before Judge Dunno on their
motion for new trial of John Walter
Wilson, who was convicted of the muir
der of Boas and given life imprison-
ment. The discovery of new evidence
was the chief ground upon which the
application was based.
Attorney Wilson read a lengthy af-
fidavit by Daniel 7. Ames, a hand
writing expert who said that he had
testified in 1900 cases. including the
Botkin, James G. Fair and Jacob u.
Davis actions. In the trial of Wilson
three experts for the state testified that
the defendant wrote the letter which
accompanied the poison that Boas
swallowed. A copy of that letter. writ
ten by Wilson at the dictation of
detective. the three experts declared
was written by the same hand that
wrote the poison letter" Wilson
had no experts to testify for him at
the trial
HANDWRITING Is DISPUTED
Having examined the photographs of
the poison letter and the dictated let
ter, Ames swore that they were written
by different hands. While he admitted
there were accidental similarities they
were, he said, utterly lacking in
characteristic resemblance. Taking
them up letter by letter he gave scores
of instances of difference. Speaking of
two writings of the letter "" he said
they could not have been more unlike
and still be the same letter. The words
until and ALREADY" so mispelled
in both letters, Ames said showed
obviously different characteristics.
An affivadit of Joe P. Johnson, United
states postoffice inspector, stated that
in 1902 Boas was dismissed from the
postof1ce for forging the name of Will
liam King TO an application for a loan.
John Why's, in another affidavit, said
Boas had forged his name in an appl-
cation to loan broker.
WHY ATTACK DEAD MANI
ION what theory do you present affi-
davits assailing the character of the
dead MANI" asked Judge Dunno.
"On the theory that he committed
suicide and that he was capable of
Stimulating the writing of Wilson in
Wilson.
Judge Dunno remarked that alto
gether too much attention had been
paid to the expert testimony and that
there swere many other points which
the jury considered.
Ferrari said he believed that if the
case were tried again without expert
testimony it would result in con-
viction.
Cunning quoted many decisions to
show that the judge erred in allowing
the introduction of the dictated let
the authorities agreed that no writing
made after the crime had been charged
could be introduced as evidence against
defendant.
Shortridge, who said he was appear
ing without pay and without expecta-
ton of material or substantial reward,
made a strong point of the fact that
Boas was acquainted with the hand
writing of Wilson and yet in copversa-
tons with his mother and sister and
others never attributed the poison let
ter to Wilson.
PROSECUTION UPHoLDS VERDICT
Prosecutor Ferrarl in resisting the
motion said that the strongest testi-
mony against Wilson was the great re-
semblance in the writing on the en-
velope of the letter to Boas and the
writing on other envelopes admittedly
written by Wilson. No opinion on this
point had been obtained from Expert
Ames. he said. Ferrari argued that
while one or two of the circumstances
a against Wilson might have been ac-
cidental the concurrence of seven or
eight absolutely Fastened gult upon
him.
.Do YOU think that the fact that
Wilson now has more skilled counsel
than when he was tried, and that that
might bring about different result,
entitled him to a new trial2" asked the
Judge.
Ferrari answered that he could see
no good reason for setting aside the
solemn verdict of jury.
The matter went over two weeks for
the presentation of points and author
tiles and to allow the envelopes re-
ferred to by Ferrari to be compared
by Expert May.
FEAR INDIAN TROUBLE