The San Francisco Call. Newspaper, November 2, 1895, Page 4

4 THE SAN FRANCISCO CALL, SATURDAY, NOVEMBER 2, 1895. and o establish a test | case of muniet} murder at common law oy which the may be readi thus stated: say, intentional Ifitis, the cs not, within t hat test may be williul (that is o | d premeditated? | e first, and, if . murder hould will- administer o intent to | 1 death ensues | nurder in the | 1l t 10 explain to | 1 ! £ ] ! may would be e. And th person kill erpetra When the case comes clas: of cases which I have j and explair questiol killing wi d premeditated er guilly in | as these two | | | tand this difficult e unlawiul v a delit order 10 co The intent | berate pre- | 1 upon a pr ot upon & sudden pur- ion to kill | vy be as instan- | v and in- s reflection, as well : subject for a mont s which were murders at t our Penal Code, mur- | The distinction b tand second degrees first degree, unless it b rape, y, burglary or, ns of poison, or lying in ing must be willful, | and premeditated ¢in murder ond " degree the kiiling, although delibe in the sec done with m aforethonght, is not deliber- ‘cases, however, adfelonious and sthought. The h distinguishes murder second di e of the 5 and premeditated in- f cases just last in the firs Our Pennl Code provides that every person guilty of murder in the first degree shall suffer death or confinement in the State prison for life, at th the E er in the first degr there are two iorms of verdict, either of whi it is proper for you to render. It is your duty to determine whether he shall suffer death or confinement in the State ine that he jury, find the defendant, William Henry Theodore Durrant, guiity of murder in the first degree.” By the return of such a verdict it will be- conie the duty of the court to pronounce the death penalty. Should you determine and con- clude that he shall not suffer death, but that he be punished by imprisonment in the State prison for life, you will return a verdict as fol- ows: “We, the jury, find the defendant, Wil- liam Henry Theodore Durrant, guilty of murder in the first degree, and find and assess his ment therefor in the State prison for Should yon on tk find the defendan ond devree, this “W. Henr; ty of murder in the st 1 be” your form of yerdic jury, find thé defendant, William iore Durrant, guilty of murder in " If upon the whole evi- either of these degrees or grade of the offense charged in the information as herein read, you of that doubt t him, and in such “We, the jury, find Tent, not gu Undue sympathy no place in a jury-boz. Gentlemen, the counsel who last addressed you on behalf of the accused in fervid and eloquent language made an appeal to you on behalf of the parents of the aceused, which would naturally tend to arouse sy npathy, not only for the defe father and mother. This is but natural for counsel, however much its propriety may be celled upon 10 say to you ¥ Lias no pince in the jury- violation of their oaths if peals to their sympathy per- mselves 0 be swerved from an hon arless performance of their duty. This case, like all other cases where crime charged, ‘should be determined by the jury upon the evidence before them, and upon thet alone, and no juror acting conscientiously can base his verdict upon auy other consideration, Isay this (0 you not because there is the least suspicion in my mind that anv of you will do anything inconsistent with your oaths, but because the law and my duly as presiding Judge of this trial demands that this much should be said. The court gives the case to the jury. Gentlemen, T have endeavored to discharge the duties which the law has imposed upon me, and so far as this interesting trial is con- cerned my task isidone,and your most solemn duty begins. You are now to receive this case for final determination, and I commend it to your most careful consideration. Take suffi. cient time and weigh the evidence. In your deliberations cultivate s disposition to ‘seek after and arrive at toe sruth;; coolly and calmly reason with one another, to the end that you may bring your minds to.a common conclu- | G sion and in"doing so determine‘the truth in this matter. Whatever result yousrrive atin this case, if arrived at under a full sense of duty houestly discharged, will and must be satisfactory 10 ali; at all events, it will be suffi- cient {or you to know that the conclusion yeu | since the day of | ! afternoon in April. And yet he showed Durrant pecame quite cheerful again. dence in this case | a reasonable doubt of the guilt | e him the benefit | dant, but for his unhappy | come to and the verdict you will return is satisfactory to YOUT OWN Consciences. You will now retire to your jury-room for deliberation, and 1n the words of the oath you have taken ‘‘a true verdict render according to the law and the evidence,” being assured that duty well performed is its own sure and by | rewa: Ar. Clerk, swear two officers to take charge of the jury. e THE MURDERER TALKS. He Displays Irritability and a Cyn- ical Cheerfulness. Durrant did not take kindly to his new accommodations, although he evidently strove to be as philosophical as possible under the circumstances and tried not to let his cellmate see that his company was distasteful. When first ushered into his new quartere he sat down on a stool, tipped his hat on the back of his head, thrust his hands into his trousers’ pockets ored to converse nonchalantly formed acquaintance. plainly forced, and he ble signs that he was red. What his emo- ble to tell, but s he has not been rest that Sunday The effort d unmis inwardly deep tions were it w moved he certain his breaking down. In the court- 1ad had need to summon all his control his feelings when his | mother clung so piteously to her boy and 0 bitterly on his bosom, and it w atone time he would give ¥ red to the jail he was like a ar as losing his self control rned. he did not like his new quarters. was evident. He took his first Supper on prison fare when it was handed into him at the time the other prisoners were fed, but did not eat with any sort of relish. He had been accustomed to as ood food as any one has and of the delicacies from his mother’s table, and quite naturally he did not like the change, and showed it in the reception he ac- ded the itors who called during the evening. He was nervous was v and irritable and would : but little to say to reporters, stating had received fresh instructions from son to have nothing to say He was particularly en- joined against expressing an opinion of the verdict. When seen by a Cary reporter he ap- a his face looked awn and he was usnal, but be e General Dickir to_the papers. pinched and d perhaps a de paler than | otherwise he was quite the same person he along. hink of the verdict? Gen- on has instructed me not to express an opinion. ‘How do 1 feel? fellow would feel broke up, of course. “Did T expect it? Well, in a way I did nd in a way [ didn’t. I was not very greatly surprizsed. I think, thoueh, that How do you suppose a in my position? All | it looked pretty funny the jury coming in | s0 soon. In that I was very much sur- prised. “It looked to me as though the job was 11 cooked up before the jury went out. hat slip of paper Dutton read from was too well folded to have been done in the hurry they appear to have been in. It ked to me as though it had been in his et some time. Youcan’t tell me that arrived at any such coneluslon just in length of time they were in the jury- room. Once started he had talked more than he had intended to, and something of the bit- terness that was in his heart crept into his tone as he conciuded with, *“You can bet there was some dirty work somewhere.’’ & the conversation that fo]lowid n s quite the same that he was verdict, with the exception of the slight inclination toward irritability. and his air partook of that confidence which has marked his bearing from the first as he intimated that his fate was not yet settled. During the evening Durrant Sr. called at the jail. It was noted at once ihat he was not permitted to proceed to the cell befor cn the parent sought an interview with 1is son, He was required to wait in the anteroom until the arrival of Chief S who will henceforth be present at all views with the prisoner. Upon the arrival of the chief jailer the convicted student was taken from his cell and allowed to talk with his father half an hour in the office of the jail. Chief Satler does not believe Durrant will try to commit suicide, but he is ever on the alert, and in view of the grave- ness of his situation and the therefore not to be unexpected possibility that he might, does not propose to give him an opportu- nity to do so. This was one of the reasons for giving Durrant a roommate and the possibility that something might be smuggled to the prisoner is the chief jailer’s reason for re- quiring all interviews between the prisoner and his relatives or friends to be held in his presence. Durrant Sr. was more communicative than his son. He was less affected by the verdict than either the son or the mother, but his face showed that he, too, had re- ceived a terrible blow. There were lines in the face that have not been there before, and his eyes were bloodshot and moist when he bade his son good-night; but withal he did not appear to experience as keen and deep an appreciation of all the verdict means as the other members of the family. This seemed largely due to his hopefuluess which has never yet and has not now deserted him. He evidently can- not believe but that his son will yet be cleared. He spoke bitterly of the jury and said he would never believe they arrived at such a verdict without some ulterior influence bhaving been exerted upon them. It scemed from his manner and words i to be utterly incomprehensible to him that such a verdict could be the result of the eyvidence introduced. In fact it seemed utterly and absolutely beyond the grasp or scope of his understanding that such a thing could possibly be. As he said, “While there’s life there’s hope anhd we will hope on, for the end is not yet reached.” At half-past 10 o’clock Durrant requested of his keepers that he be permitted to have the pillow that had been furnished | him from home. The request was com- municated to Chief Satler, who at once | became suspicious and nimself examined | the pillow before granting the request. He removed the case and carefully in- spected all the seams, then felt it all over again to make sure nothing was hidden in the feathers with which the prisoner could take his own life. Satisfied it contained nothing the chief directed a deputy to give the piliow to Durrant, and in half an hour the con- demned man was reclining as peacefully as though he were at home in his own soft bed, and_as though he had no knowledge that on Friday next he would listen to the stern tones of Judge Murphy telling him he must hang by the neck until dead. Up to the hour of midnight Durrant had not retired, but lay idly on his bunk, jok- ing and bandying words with Sargent, the forger, whois his cellmate. e e DICKINSON BITTER. Says Durrant Is Still a Long Way From the Gallows. BAUSALITO, CAL., Nov. 1.—“Durrant will never hang,” said General Dickinson last night; ‘‘that is one thing you may be sure of. This jury bas found him guilty, but he is still a long way from the gal- lows.” “Then you intend to contest the case?’ he was asked. “Yes, sir,”’ came_the emphatic answer; ‘'we shall contest it to the bitter end. We bave a new trial to ask for, and if itis necessary we can appeal to the Supreme ourt. I believed Durrant was innocent | When I undertook his case and I have had 1o reason since to change my opinion. Some day I hope to be able to make the world belieye the same way.”’ General Dickinson was very much in reat | the jur | there w: | see the whole burden of the case —————————————— Assistant District Attorney Peixotto. THE District Attorney Barnes. OFFICERS ON THE PROSECUTION. carnest. He felt that the newspapers had | had a great deal to do with the verdict of | the jury and said as much, in fact he | seemed to feel that some of the newspapers | had interfered materially with his client’s | getting a fair trial. = & ather surprised at the action of he said. “T had not anticipated | the verdict that was brought in. Ithought | there would be a disagreement.”” He| paused a moment, and then he added, | meditatively, “It was a good jury, a good | jury. But they could not Lelp being af- | fected by the surroundings. They could not very well separate themselves from the | atmosphere which surrounded them. And | if you noticed, the crowd applanded when | the jury announced their verdict.” ! “You think that the jury were, in a| sure, coerced by publi¢ opinion, then?” | “Oh, no,” he replied, “not that. I con- sider the jury one of the best I have ever seen, and | have no doubt that any one of them would have had the courage to have stood by his convictions had he felt that s a doubt. But I think the inten- sity of the public feeling and the tone of the ers must have influenced them to a | certain extent. To be sure,” he added, | “jurors are not supposed to read | the papers, but tiese men have| been ten or twelve weeks on this case | now. From the beginning the papers | have taken it for granted and declared | that Durrant was guilty. Itis almost im- possible for the jurors not to have become cognizant of this, not to have known | through the conversations of their neigh- | bors and from the gossip on the street that | the newspapers were helping to obtain the | conviction of Durrant as much as the police.” “What does Durrant think of the ver- dict?” was asked. “I don’t know. Immediately upon the | announcement of the verdict he wanted to | ke a statement. He leaned over and | asked me about it. Itold him to keep | quiet and he did.” | *‘Have you any idea of what he intended saying?” “None in the least. I knew that it was no time to talk though and I advised him to be still.” “Have you any particular grounds in \-igw‘ upon which you will ask for a new trial?” m I have not let myself think of the I am very tired,”” he added. “You has | rested on me the last fortnight. It would have been a heavy burden in any case. | But fighting against the odds Mr. Deuprey | and myself did the exertion was some- | thing tremendous. You_ can see for your- | self how it was,” he said. “We had not | only the Prosecuting Attorneys to fight, | but the Police Department, the papers and public opinion. When a man feels that he is among friends he is buoyed up by their | kindly feeling. When he stands as we | did before an immense crowd in which | there was not a single sympathetic mind | you can understond the exertion required | in making the contest we did. “I think that the truth is the public wanted a victim. There have been so many murders which have not been ex- plained that there was a demand for sati faction. Durrant has come in time to | gratify the public feeling that atonement | should be made. See thelist of unavenged | murders. There is the Stagg case, the | Weir murder, the disappearance of Miss | Hughes and the killing of Miss Harrington. | The police would tell you that Senator | Buck committed that last deed. That ac- | cusation is preposterous, though. Theyl matte: will tell you thatit was Durrant who killed i Blanche Lemont and Minnie Williams, | too. They will not be able to prove it, | though. | ““I don’t know when the Williams case | comes up. It cannot come up too soon, | however. We are ready for it.”’ | | “Have you discovered any new testi- | cent man,” | | the state of my health. | MRs. mony yet to be used if a new trial is|and the surprise of its terrible climax had granted?” _ | begun to make itself manifest. ‘‘None at all,” answered General Dick- | ‘1 feel as well as can be expected under inson. *You see I am resting.” the circumstances,” she said, trying to e smile. “‘One cannot be cheerful under MR. DEUPREY TALKS. | such a terrible blow. But I hope for the best, Theo's friends are stronger than Says He Candldly Belleves Durrant | €Ver- ‘I'he truth must come out. Oh, I 4 Sy Jone | know it must! My friends are very kina 5 op nuoCents . . | and are doing all thev can to cheer me up. T am certainly surprised at the verdict | You must excuse me from saying any- of the jury, because I firmly and candidly | thing more. believe that they have convicted an inno- | “Theo’s papa is with him,” she said, speaking as tenderly of the man now occu: This was {he opinion voiced by Eugene | }fir’;;f‘“ felon’s cell as thovgh he were an - Deuprey, ore of the counsel for W. H. | "Tne mother’s confidence in her son’s T. Durrant in the case just concluded. | innocence is as firm to-day as it was when Mr. Deuprey continued: *So far as I |suspicion was first cast upon him. It is am concerned, of course, I have not beer | €vident that nothing less than a confes- at the courtroom for several weeks, and I/ ?:;:‘hjrom his own ]\PS will ever shake that know very little of the details of what has | Z A e occurred that could possibly have affected CAPTAIN LEES’ the jury. It seems to me, though, that BTN the testimony of these ladies as to the While Triumphant He Speaks Mod~- identification of the defendant was the estly of His Work. main factor which helped to convict him. | s 2 They made up their minds long before anpttmrlx L‘ees_vf}?: quesno_nsd bly_g C."f”‘ anybody commenced to talk. I think the [ J¢POTter last night as to what his views action of the newspapers in_this City | Were With regard to the denouement of and County, seeing the articles which | the trial—the verdict of the jury—and his were printed day by day, avoided | belief in the guilt or innocence of the de- any necessity for action on the part of the | fendant. Captain Lees with becoming modesty jury. All these stories which have been printed huve had their effect. He has| ;000009 a great disinclination to speak of the subject at all. He said: been looked upon by the newspaper ele- “It is for the people who witnessed the ment as a guilty man, and they have treated him as such. They have not even | * given him a chance to prove himself in- | trial from beginning to end to express their opinion as to how the guilty man has been ferretea out and proof obtained nocent. Bat things will all come right. I | think the appeal will result in our favor.” of his single participation in the crime, not for me to comment on it. Ihave but ‘‘Nobody furnished the financial sinews of war. The attorneys advanced money in | done my duty and my associates have done admirably.” certain instances, for telegrams and things ‘‘Are you satisfied with the verdict?”’ of that sort. I think Dickinson furnished | most of it. | “I do not know whether I will be Dur-| “The testimony warrants the verdict rant’s attorney in the Minnie Williams | and the verdict is a justone. The jury did case. I suppose so; it will depend upon | bat its duty. I have had no doubt of the Durrant may be | guilt of Duarrant for a long time. 1 have sentenced before the apveal, but if the | withheld my opinion in the past, but I motion for a new trial be granted that | thoroughly believe him to be the uilty it. . |man. As to whether Durrant will break he jury seemed a lot of well-meaning | down and confess I cannot say. His is a Of course great wrongs have been | peculiar character.” AFTER THE LEAYS hN Alec and Dan Are in Trouble With the Sheriff’s Office This Time. VIEW. men. ¢ done in the line of proof by circumstantial evidence. If the jury had had any reason- able doubt regarding the evidence that was presented to them they should have resolved that doubt in favor of the de- fendant. This seems to have been over- looked. “There is one person for whom I am truly sorry, and that is that poor little woman, his mother. She bore up bravely, and is deserving of all sympathy. That is all I have to say.” g DURRANT HOPEFUL. Nothing Less Than a Confession Will Shdke Her Falth. The pretty, youthful little mother rallied somewhat from the shock after she reached her home and was surrounded by sympathizing friends. Two of the Ablest Sealers and Most Daring Poachers: in Cali- fornia. Alec and Dan McLean, the two most Last evening she was seated in the neat dizing neul—!;‘\m(fers inb;he '1?:“951 St?ftes, il 1 ¥ arein a peck of trouble. e Sheriff i parlor of the modest home on Fair Oaks | atter ong of them, but just which ano he street discussing the situation with Mrs. | ants seems to be the question at issue. Taylor and other friends and neighbors of | The brothers are as alike as two peas, and Loth sexes. She had exchanged the stylish | Dan is frequently taken for Alec, and vice dress and wore a white shawl that made | VoIS All yesterday morning a Deputy her pale ciieeks look more wan. | Sheriff was scouring the water front for Her eyes were still red with weeping, | Alec, and, running across Dan near Main- and she listened with pathetic eagerness to | street wharf, took him up to the City fveryr rvonl thai might ul]ze c]gnstmed 4s | Hall. There the mistake was explained; ko < ild exhaustec | Stand responsible for his brother, and that Xpression were those of a child exhaustec | when they had one of the McLeans he was | just as good as the other. with weeping and grateful for one kin: | The Sheriff did not look at it in that word. The reaction from the strain of the trial PALACE HOTEL, SAN FRANCISCO, CAL. San Francisco, November 1, 1895. To Charles M. Shortridge, Editor San Francisco CALL. Dear Sir In answer to your query I will say: I consider the verdict of the jury a true and righteous ver_ diet. It is from the personnel and make-up of the jury the verdict of the best elements of the business communi ty of San Francisco. The jurors individually have formed in the aggregate that ideal jury which textbooks mention and concerning which Judges charge. They have considered their verdict like twelve Judges sitting in bank upon a trial on the facts. calmly, dispassionately, They have regarded the evidence upon the mean facts and have disregarded the chaff of sympathy or sentiment or collateral matter. In ren- dering the verdict their names pass into the history not only of this City and this State, but of criminal jurisprudence throughout the English-speaking world. light, however, so Dan went out and found his brother. Then the pair spent the afternoon settling up their troubles {_hat had brought Sheriff Whelan into their ives. For years Alec and Dan McLean have commanded the best sealing vessels that have been fitted out in San Francisco. They always brought back a good catch, and the stories of their narrow escapes from Russian and English cruisers would fill a book. Once Dan was caught by a Russian gunboat, and for months he fan- guished in a prison at Petropanlofsky. His schooner was confiscated, and it was only after an intervention by the United States that the crew was released. They had been poaching on the Copper Island rook- eries. Alec was the hero of the famous *‘fake” story that emanated from Seattle. He was in command of the steamer Alexander, and while poaching in Bering Sea he was chased by an American cruiser. Accord- ing to thestory he fired into and disabled the man-of-war and escaped. Even if there was no truth in thestory Alec made a good catch and came back to San Fran- cisco triumphant. v bad, and the price of skins Hoth the brothers lost heavil very low. and last year Dan did not secure a ship. All_his ready money is gone and his creditors have been pressing him. The outlook for next season was not good, so he made up his mind to go to Central America on the schooner Una and try his luck there. Alec has only just rerirned from Bering Sea in_ command of the schooner Emma and Louise, and as the catch was a fairly good oue, his share will keep the wolf from the door for many months to come. Alec is aiso somewhat in debt, and when a rumor was published to the effect that it was he that was going to Central America the creditors got anxious, and the aid of the Sheriff was invoked. Alec is not going to run away, and will take the Emma and Louise out again next season, Dan will also secare a schooner, it is said, and if the rookeries hold out the brothers will probably come back rich men next season. MR, BRODERIC 5 NGRY Says He Will Defeat the Law Creating the Election Commission. The Auditor Convinced He Is Right And So He Won't Go Ahead Signing Warrants. Auditor Broderick appeared before the Finance Committee of the Board of Super- visors yesterday afternoon to ask them to sanction his employment of special coun- el to fight the mandamus suit by which it is sought to compel him to sign the war- rants of the new Election Commission. There was quite a warm discussion be- tween the Auditor and Mr. Taylor of the committee. Mr. Broderick said he was convinced thatthe law under which the Election Com- mission was created was not constitu- tional. He was also convinced that it was his duty to look out for such. Mr. Cres- weil could riot serve him in the capacity of counsel, because he was a member of the commission who contested the rights of the new commission. Mr. Taylor said it was not clearly the duty of the Board of Supervisors to em- ploy counsel for the purpose of defeating acts of the Legislature. He thonght it was their duty to observe the law until it was shown them through some other agency that it was unconstitutional. Mr. Broderick said he had consulted advice in the matter, and was thoroughly convinced that he was right. He had to look out for his bondsmen, as if he made mistakes he feared he would be held re- sponsible. Mr. Taylor said he did not believe that; g0 long as he followed the letter of the law he was fulfilling his duty. “Will you guarantee me in that?" said Broderick. ““That is all I want.” ‘No, I could hardiy do that,” said Tay- Iofi“but I have consulted attorneys my- self.” ‘‘Then I haven’ta word more to say,” said Broderick, making for the door. “You evidently think I am doing this for fun?” “Not at all'”’ said Taylor. “The fact is Ibelieve in your arguments to a great ex- tent.” ‘‘Believe in it?. There is no geiting away from it. This law relegates the powers of the Legislature to a lot of rank outsiders. The idea of the Mayor's appointments be- ing subject to the approval of committees of the two parties, a gang of men that might usscmgle in Phil Crimmins’ saloon or at Buckley’s rendezvous. “Suppose a law regulating a liquor license was passed subject to the approval of the Liquordealers Union? It is ex- actly a similar case. No court on earth wiil sustain it, and I will just say to you, among otirselves here, that I will certainly defeat this law. Why, the members of the commission know themselves that their position is untenable. They never have applied regularly to the old commission | for the election boxes and other property. “This law does not onXy to this City and County, anyhow. Its language ap- plies to all cities and counties having a population of 150,000. The City and County of San Francisco is made a séparate class—the first class—because of its popu- The jury has honestly, fairly and candidly performed its duty to the community and to the law, and deserves, as it will doubtless receive, the thanks of every American interested in the administra- tion of justice and the law. I remain, Sir, Your most obedient servant, m FAC-SIMILE OF DISTRICT ATTORNEY W. S. BARNES' LETTER TO THEVCALL" RE- GARDING THE VERDICT. [Written by Mr. Barnes in his rooms at the Palace Hotel.] lation of 200,000 and over.”” The committee did not allow Mr. Brod- erick counsel, notwithstanding all this, He went away declaring he would get the counsel, anyway, and oppose the man- damus. CLIMATIC SUMMARY. October’s Meteorological Record Compared With the Same Month of Other Years. The meteorological summary for the month of October gives the highest atmos- pheric pressure at 30.27, the lowest 29.74 and the mean 30.00. The highest tempera- ture was 83 degrees,on the 3d of the month, and the lowest 43 degrees, on the 8th. The mean monthly temperature for Oc- tober was 58 in 1893,%60 in 1894 and 59 in 1895. The prevailing direction of wind was west and the maximum velocity 36 | miles an hour. precipitation for Oc- t 1.65 inches, in 1593 0.16, in 1894 1.73 and in 1895 0.11 inches. Num- ber of clear days 17, partly cloudy 12 cloudy 2. i e HUNDREDS COMING DAILY. Second-Class Travel to California Is Steadily Increasing. General Passenger Agent Goodman of the Southern Pacific Company stated yes- terday that travel toward California from Eastern points was on the increase. This was more particularly true of second-class travel, a fact which would indicate a greater influx of immigrants than in former recent years. As an illustration of this increase, Mr. Goodman showed a letter which an- nounced that the number of second-class passengers coming West last Saturday was 119 and on Sunday 232. These figures were sent from Ogden, Utah, where the immigrants were received on the Uentral Pacifie Railway. —_— e -——————— Hit by the Conductor. Michael Murray, laberer, appeared at the Receiving Hospital last night suffering from a lacerated wound of the forenead. His injuries were properly attended to by Dr. Stiel. Mur- ray claimed that he boarded a Mission-street car and gave thc conductor & nickel in pay- ment of his fare. Later the conductor came around and demanded his fare, which he re- fused to pay. The conductor thereupon picked up a heavy iron glln and without any warning v&-wver struck him across the he CHARGES OF INTIMDATION Criminal Proceedings Begun in the Freeman-Westing- house Case. NOW BEFORE THE GRAND JURY. Startling Testimony in the Hearing of the Great Patent Contest. Some Subornation of perjury, bribery and in- timidation of witnesses were the charges laid before the Federal Grand Jury yester- day afternoon 1n connection with the Free- man-W nghouse patent case that has been on hearing before United States Com- missioner Heacock. The persons against whom they are made are H. S. Mackaye, attorney for the defense in the patent case, and Warren P. Freeman, a brother of Wal- ter K. Freeman, the plaintiff. Mackaye is charged with subornation of perjury and bribery and Warren P. Freeman with these crimes and also with intimidation of witnesses, o It was expected that the investigation proper would be instituted yesterday, but the witnesses who are to testify were simply called and placed under oath to appear when the case comes up on Tues- day next. This proceeding was taken in order to obviate the necessity of issuing new subpenas for the deferred date. The witnesses are: Warren P. Freeman, Wal- lace E. Freeman, Marvin L. Freeman, Alexander H. Freeman, H. S. Ma Frankie Ames and J. P. Church. It is probable that John L. Boone and Walter {. Freeman will become witnesses before the investigation is concluded. The case as it now stands presents a most peculiar series of complications. It was transferred from the East to this coast a week ago, and as previously published in ALL, its very opening was permeated sationalism. The attorney for the plaintiff at the outset char, bribery, subornation of perjury and v ry against the other side. Th was a street fight between two of the Freeman brothers, Warren P. and Alexander H.,in front of the Palace Hotel. Attorney Mac and Warren P. Freeman were deprived of their pistols, which had been taken into the chamber of Commissioner Heacock during the proceedings, during the entire proceedings most serious criminations and recriminations were sandwicbed into the otherwise dry and prosy record. One of the most peculiar features of the affair is that four brothers were brought here from various places—Riverside, Salt Lake and New York—for the sole purpose of giving testimony that would injure the case of their brother, Walter K. Freeman. These are all now domiciled at the Lick House with Attorney Mackaye, the coun- sel for the defense, though two of the brothers, Alexander H. and Maryin L.. have lost heart in the cause of the defense, and according to the record of the testi- mony already taken, now desire to be ab- solved from what they claimed to be false aflidavits. Their present mental attitude is shown in the following statement made on their behalf by Attorney John L. Boone in the course of the proceeding I am an atorney at law, Francisco. Messrs. A. H. and M were brought to my office and in me by Mr. Church, whereupon wthdrew, and, with closed doors, nobo. presents excepting mysell and Said 2 Mr. Ct reeman, they stated to me that they were here under a subpena to give evidence in this case; that they had heretofore given testimony on the part ot W. K. Freema but that certain - circumstances Lad transpired which made it necessary fox them to dike counsel. They explatned to me’ that a conspiracy had been made, and showed me certain contracts, affidavits, notices and other papers which the claimed were the result of the comspira that they were under considerable mental di tress, and in a very nervous condition, and wanted me to advise them wheilier of not they would be subject to arrest for perjury in cstified as they had heretofore. anding the conditions of. the affair and examining the documentary cvidence which they produced I advised them that the party named Mackaye in my judgment was guilty of perjury, if the statements w. gave to me were true; that they need fear no arrest »y reason of any testimony given by them which agreed with the testimony already given. At their request I have appeared at this ex- amination, and have no other object in being here. The defense intimates that there has been perjury, etc., on the other side, and the most bitter feelings have been engen- dered among all the parties concerned. There is said to be unlimited means back of both litigants. During the short morning session yes- terday vefore Commissioner Heacock in connection with the patent case two start- ling pieces of evidence were developed in the cross-examination of Wallace E. Free- man by Attorney Church. The witness ad- mitted that he had committed deliberate perjury in Brooklyn in connection with this case, and testified that R. S. Mackaye, the counsel for the defense, had repre- sented himself to witness as being counsel for plaintiff, Special Service at Stanford University. On Sabbath morning the chapel service at Stanford University at 11 o'clock will take on something of & special nature. Professor David Starr Jorden will address the students, and Frank Ver Freese Pollock of the Bos- tonians, formerly the tenor of Dr. F. W. Gune saulus’ ‘Church, Chicago, will sing. The Fhi Gamma Deita Fraternity, of which Mr. Pollock is & member. will enterigin him this evening. Sunday night he will be heard for the last time in church music in Calvary Presbyterian Church, corner of ry and Powell stree when e will sing, by special_requs Lover of My Soul,” and ““The_Holy Ci latter, one of Mr. Pollock’s favorites, he sings with wondrous ease and great artistic effect, swaying his hearers by the remarkable sym: pathy and pathos of his voice. st Ao ieh Struck the Wrong Man. William White, an engineer living at 1636 Harrison street, is under arrest on a charge of assault with a deadly weapon. It appears White hadome trouble with Joseph Kelly, employed at the stables of the American Furniture Com- pany, and on Wednesday night last undertook to vent his grievances, During the scrimmage a blow intended for Kelly struck Peter Smith, fracturing his scull. Young Smith is a stut dent at the Lick School of Mechanical Aris and was merely a witness to the fight. WHEN Overwogked VIN any cause builds up — Strength Quickly and is lasting in good OF NOTED CELEBRITIES. 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