The San Francisco call., 1910-02-09
CONbOy WITNESS
ALLEGED PERJURER
Blumberg Said to Have Con-
fessed to Assistant Dis
trict Attorney
Cigar Clerk Issues Sweeping
Denial of MCNutt's Ac=
cuSatiOns
Continued From Page /

along the street. When Brooks went
back to play the slot machine and just
as Blumberg got over the counter
again, or was about to get over, he
heard a shot. He rushed out to the
entrance as the other shot was fired.
''Blumberg returned TO my office yes
terday (Monday) with Judge Ferral,
"and we read over to him the state
ment he had acknowledged the day
before, after it had been read over to
him three different times Blumberg
buried his face in his hands and said
that in some ways he had told the
truth and in other ways he had not He
begged for "a hours to think over the
matter and then make a full statement
He did not come back today"
Blumberg ID nies Confession
After the district attorney had an
nounced his intention yesterday of lay
ing the matter before the grand jury
Blumberg consented to make a state
ment after first refusing to see any
newspapermen. His statement denies
| that there was any material variance
in his testimony at any time. 1t reads
as follows:
/ went to the district attorneys
office upon statement made to me
by Officer Murphy that Mr.. McNutt
wished to see me. | called there on
Sunday, February 6. Mr.. McNutt,
in the presence of District Attor-
ney Fickert and Mr.. Hogue, asked
me great many questions with
the evident intention of having me
contradict the statements ! had
heretofore made at the coroner's
inquest and al the preliminary eX-
animation. / was told by Mr. Nc
Mutt and the district attorney that
all they wanted was the truth.
THROUGH THE THIRD DEGREE
1 remained there two and a half
hours, during which time they
propounded a large number of
questions and promised me the pro-
lection of the district attorneys
Office if l would tell the truth. 1
reiterated the statements made at
the inquest and at the preliminary
examination and do not belleVe
that there was any substantial va
rance from either, though l was
put through the third degree in
first class shape. | made no con-
fesSion and never made the state
ment that l had committed perjury
on the two former occasions re-
ferred to-
Z, again went to the district at
torney's office, upon the sugges-
tion of Mr.. McNutt, when they FUR
ther examined me in the presence
of Judge Ferral and other persons,
and l reiterated what | had said
the day before, and adhered to my
two former statements. Any state
ment, suggestion or intimation that
| made a confession or admitted
that l had committed perjury is
false and untrue. Any threat made
that the matter would be presented
to the grand jury or other legal
proceedings had, will not deter or
intimidate me and will not, in the
least, cause me TO change my tesu-
imony, except such natural changes
du eto forgetfulness as length OF
time might have brought about
r. II. BLUMBERG.
In his opening statement to the jury
| in Judge Dunne's court yesterday
morning Assistant District Attorney
Maxwell McNutt told of the shooting
of Bernard Lagan by Police Captain
Michael Joseph Conboy in Ellis street
near Fillmore shortly after L o'clock
the morning of June %, 1909. He as
serted that Conboy was under the in
huence of liquor at the time and had
shot Lagan after the young man had
assisted him to his feet and that the
shooting was unprovoked.
| Johnson Aids Prosecutors
Seated beside McNutt for the prose-
| cution were Hiram w Johnson, as
| special prosecutor. and District Attor-
ney Charles NJ. Fickert. At the de-
fendant's table were Joseph Dunno and
Robert Ferral. Conboy's daughter and
| the mother and sister of Lagan oc-
| cupied seats in the crowded courtroom.
| Cross examination by the defense of
the peoples witnesses indicated that an
effort would be made to show that
1
threatening manner and thus prompt
ed the officer to fire the shot that
! caused the youn gman's death
| After Sergeant George Russell had
identified diagrams of the scene of the
shooting, DR.. John r. Clark, the au-
topsy surgeon, told of removing a
! bullet from Lagan's spine below the
eighth rib. The wound indicated that
Lagan's left arm was raised at the
time he was shot DR. John H. O'Con-
nor told of attending Lagan in the
hospital. He located the bullet with
an X-ray, but could not remove it. The
bullet caused the paralysis of the
| lower part of Lagan's body.
COMPANION TEsTIFIEs
George B. Greenwood, waiter. who
was with Lagan at the time of the
tragedy, carefully. detailed the Incl
dents preceding the shooting. He and
Lagan were returning from a visit at
the home of Mrs Ralston and had
taken six or seven glasses of beer on
the way, but neither was intoxicated
According to Greenwood, they saw Con-
boy fall down beside a lamp post in
Ellis street. Lagan went back to pick
Conboy up. although Greenwood ad
vised him not to do So After Lagan
had lifted Conboy up. the police cap
tain accused him of being a thief and
a pickpocket. Lagan turned back and
asked Conboy what he meant explain
ing that he had been trying to do
Conboy kindly act. Conboy drew his
pistol and fired two shots, one of
which took effect.
Dr. John Lagan, uncle of the young
MAJ, sa w both ConhnX and Young