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16 THE SAN FRANCIS CO CALL, SUNDAY, APRIL 26, 1896. BABY BROWNING WAS MURDERED, John T. Flynn Is Held Responsible by a Coro- ner’s Jury. MUST NOW STAND TRIAL Testimony of the Chief Wit nesses Conflicts on Many Points. DR. ODONNELL IS ACCUSED. Mrs. Browning Swears That The Atiending Physician Performed a Criminal Operation. The stories told under oath by the chief witnesses in the Browning-Flynn baby tragedy at the inquisition before Corcner Hawkins yesterday were in a great mea- sure conflicting. A large number of per- sons testified on both sides and George Knight, who has been chosen to defend Flynn, allowed his client to go on the stand. Flynn told & straightforward story, but the evidence of the opposition was strong and the jury held the accused to answer the charge of murder. There was a large attendance at the inquiry and the proceedings aroused widespread interest. John Smith of 111 Jessie street, the boy who found the valise containing the baby, was the first witness examined. He said: My mother sent meon an errand to Tenth and Market streets, and on returning home, I went through the lot, and seeing a valise, I picked it up, and striking it on the bottom, I heerd acry. Openingthe valise, I found the baby. I took it to the police station, and the officer told me to take it to the hospital, which Idid. Dr. John M. Quigley of 44 Sixth, testi- fied to attending Mrs. Browning on the evening of April 13 and delivering her of a male child. Said he: On the night of April 13, a gentleman called on meand asked me to visit a lady at 103} Ninth street, saying that she was ill with a cold and had a little fever. He gave me his card and said he would pay the bill. On going to the house, I saw that the woman was about 10 be confined. Idelivered her of & child, and the next morning when I called the woman's sister, Mrs. Shane, told me that the child had been taken to a foundling hospital. Flynnwas the man who called on me and left his card. 1saw the child as it lay in a bureau drawer. The drawer was partly closed, It was wrapped in a blanket. The child was prematurely born. With good care it might have lived. Later Mrs. Browni ng told me that Flynn had taken the child away. She said that Jones was the father of the child, and the Jones referred to was the same man who called on me, Mrs. Browning was the next witness. She testified as follows: Idon’t know where my hustand is. He left me five years ago. 1 believe he1s living. On | Monday evening week at 7:30 1 gave my boy a | note to take to Mr. Flynn. He came to the house and on coming to my room he suggested 1should send for Dr. Farnum. I objected and | he went out saying he would send a physician. Later the doctor came and my sister also arrived. Ihad sent for her. Later that same night Flynn called again. He asked me where the baby was. Isaidit was in a burean drawer. He picked it up and took | it away. That was the last I saw of him or the | child. Iwas willing to have the child taken | to the Founaling Asylum. I have known | Flynn about a year. He was the father of my child. I went to Dr. C. C. O'Donnell about two months ago and asked to have a criminal operation performed. I paid him he said it should have been $33. two capsules. There was no one present when 1 paid the doctor the money. Flynn gave me the money. Flynn told me that there would be no trouble | about my going to Dr. O’'Donnell. The Coroner—As a mother, did you realize | the full significance of that step—that it was murder? The witness—No, sir; I did not. | The Coroner—Did you not know that it | would be taking a life? The witness—No, sir. I thought the medicine Dr. O'Donnell gave me would remove all life. The Coroner—Why did you object to having & physician called in when you felt the pains? The witness—Because the doctor told me everything was ali right. The Coroner—Why did you send for Flynn on the evening of April 13? The witness—Well, I wanted to see him, as I felt sick. 1did not know at the time I was going to give birth to & child. Dr. Fitzgibbons of the Receiving Hospi- tal testified to the body having been brought to the hospital on the morning of April 14. Tt was wrapped in a newspaper and a towel and placed in a valise. There were bruises on the right hip and the left heel of the child. Dr. Barrett, who made the autopsy, Deputy Coroner McCormick, who had the body removed from Mount St. Josepn’s to the Morgue, Edward Kelly, the undertaker who buried the remains, all testified as to their connection with the case. Dr. E. A. Bohn of 114 Turk street said that he was called in to attend Mrs. Browning on April 13. The son and daughter of Mrs. Browning called and told him that Mrs. Shane had sent for him to attend Mrs. Browning, as she had a pain in her side. Mrs. Shane met him at the bouse and told him the child had been born prematurely. “She said she was sorry that I had been sent for, but wounld see that I was paid for my seryices,” said Dr. Bohn. I met Mrs. Shane again on Wednesday on Mission street. She said: “I telephohed for you, didn’t I, doctor?” I said, “No you did not; you sent the children for me.” She then said: ““Well, I was before the detectives and told them so. Can’t you say the same ?" Treplied that I had already told the Coroner everything. Mrs. Shane told me they couldn’t do anything to her as she only wrapped the Dbaby up and put it in the bureau drawer, and that they could not prove thatshe murdered the baby. Mrs. Shane testified that her husband was a saloon man. She said she was a sister of Mrs. Browning. She did not know that Mrs. Browning was about to be confined, though. She had seen her every day for the past month. Continuing she said : I did not send for Dr. Bohm. I saw him when he came to the house, and told him it was & shame that he had been called out and I would see that he was paid for his trouble, She denied Dr. Bohm’s story about the teiephone message absolutely. She swore that she did not know Flynn, though she called at her sister's house one day and was introduced to a Mr. Jones, who she afterwards heard was Flynn. Flynn stood up and the witness said she did not remember ever seeing him before. Bhe said: M | lady. the night of April 13. Iput the child in the drawer so that the children would not hear it cry. It had not been washed. I intended do- ing so after my return from my house. When Ireturned the child was gone. My sister told me that & gentleman had taken it to anasylum. Later my sister told me that Flynn was the father of the child. Tessie did not know any- thing about the birth of the child. She went witn me to my home for an article that was needed. She was sitting in the next room at the time of the birth. Tessie Browning, a pretty girl with golden hair, said she had been introduced to Flynn, whom she had known for about nine months. She saia: I went after Dr. Bohm and told him that my mother had severe pains, 1did not know that a child had been born in the house. Idid not go out for & walk with Flynn on the night of April 13, but went with my aunt to her house for an articlée. Charley Benjamin of 130} Ninth street testified that he used to see Flynn come to his house to visit Mrs. Browning. There were two men at the house on the night the boy was born. One was Flynn. The other was a short man with a black mustache. He opened the door for a man on the night of April 13. Mrs. Benjamin, keeper of the lodging-house, testified to the effect that she sent her boy to oven the door in response to the ringing of the bell and was told that he had let a man in. Mrs. Browning had lived at her house for three months. She did not know thata child had been born at her house on the night of April 13, ‘W. G. C. Pitt, for whom Flynn worked, paid the latter money for his services from time to time amounting in all to about $60. He did not give Flynn money to pay Dr. O'Donnell for getting a woman out of trouble, though Detectives Gibson and Riordan swore that he (Pitt) had told them that be did. J. P. Tighe, with whom Flynn occa- the third floor, in the corner of the building, overlooking Larkin street. Isatin the parlor while Mrs. Shane talked to her husband in an adjoining room. They spoke in a low tone. Mrs. Shane brought me & drink. Then we re- turned to Mrs. Browning’s room. There was nothing to indicate thata child had been born. It was about 2:30 or 3:30 A. a., I don’t re- member which, when I leit Mrs. Browning’s room and went to the Winchester House, where my boy was living. I paid 50 cents for aroom, On cross-examination the witness said: I had never been at Mrs. Shane’s house be- fore that night. Iknew nothing of the child’s birth, and did not say I would have it removed to a foundling hospital. Mrs. Browning had told me at one time that she had an .internal trouble. I advised her to go to the iree clinic, as I knew it to be under the direction of repu- table physicians. I never had any conversa- tion with her about Dr. O'Donnell, and have never before seen the valise now submitted in evidence. I wish to say thatIlived once at Mrs. Gold. stone’s house at 51 Third street. I owed her $2 when I left her house for room rent and she retained my valises. On the evening of the 13th of April I took the valises toa pawn- broker on Third street and got $3 on them, and $2 of this money I gave to Mrs. Goldstone. The pawnbroker still has my valises. I rec- ognize Tessie Browning as the young lady whom I took for a walk on the night in ques- tion. I first met Mrs.;Browning on Mission street. I was having some cards printed in a printing office, when she came in, and said she had made a mistake, and added: “Excuse me, 1 live in the next house.” I gave her one of my cards. Shesaid that she was downtown look- ing for work as a milliner; that she had two children to support, and had a hard time toget along. My sympathies were immediately aroused, and I took an interest in the woman. Mrs. Browning was recalled, and in an- swer to questions of Dr. Hawkins said: I first met Flynn on Mission street. He asked me if I came from Portland, saying that he THIS BABY HAD LIVED, Who Left the Murdered Little One in St Francis " Church? AWFUL DETAILS OF THE CRIME An Inquest Will B: Held as Soon as the Detectives Possess Any Evidence. Now that the murderer or murderers of Baby Browning seem in a fair way to be brought within the jurisdiction of the courts of justice, another case has cropped up that is likely to bring into play the best ener- gies of the police. It is the identity of the person or persons who are responsible for the death of the infant that was wrapped in a newspaper and left in one of the pews of St. Francis Church Friday evening be- tween the hours of 7and 8 o’clock. Aside from the deep mystery in which the affair is enshrouded, the time and place selected 10r the disposal of the child’s body lend a grewsomeness of aspect to the crime that is awful to contemplate. A church is supposed to be the last place where a criminal would endeavor to rid himself of the evidence of his guilt. In addition the worshipers were at their prayers and the body of the brutally mur. on the Witness-Stand. [Sketched from life by a “Call” artist.] John T. Flynn, Who Was Yesterday Found Guilty of Murder by a Coroner’s Jury, Telling His Story sionally roomed at Ninth and Mission streets, said that Flynn called on him at | about 10:30 o’clock on the mght of April 13, and that later both went out and hada drink in a saloon near by. Flynn had told him of having a sick friend, and that he was going to get a prescription filled. After having the drink they waiked down Ninth street, and Flynn went into a house, saying he would probably be back in a little while. This was about 1 o’clock. At 1:15 Flynn came out with a young He counid not identify Miss Brown- ing as Flynn’s companion. They went down Ninth street and disappeared en- tirely. While walking back and forth on the sidewalk another woman passed along Ninth street and turned into Mission. Then he went home. Coroner Hawkins then asked Mr. Knight if he wanted to put his client on the wit- ness-stand, and the attorney said that while it was an unheard of proceeding to put a man charged with murder on the witness-stand in a Coromner’s inquiry, yet if the rules of evidence were followed he was perfectly willing to have Flynn tell his story, as he had but one story to tell and he did not care how often it was told, as it was the truth. Flynn then took the stand. He spoke in a fluent manner, showing himself to be 2 man of experience and education. His testimony was as follows: My name is John T. Flynn. Ilive at the City Prison just now. My occupetion is thatofa real estate operator. On the evening of April 13 I received a note from Mrs. Browning, re- questing me to call at her house. It wasonly afewlines. I had formerly lived at 51 Third street. At about 8 o’clock on the evening in question I sent my boy up there to get any letters that might have come for me. This note from Mrs. Browning was among the letters he brought me. That evening I called on Mrs. Browning at 1304 Ninth street. Mrs. Benjamin’s boy admitted me to the house. I went to Mrs. Browning's room and found her in bed. The girl was present at the time. The children were usually in the room at the time I visited Mrs. Browning. I asked Mrs. Browning what was the matter and she said she had & pain in her side. I placed my hand on her forehead and saw indications of fever. I went out snd got some lemons and oranges, and the girl made Mrs. Browning a- lemonade, but ske could not drink it. I insisted on celling in a physician, but Mrs. Browning told me not to do so. I thought at the time that the reason why she hesitated was because she had no money to pay the physician. I told her that I had money and that 1 would attend to that. So I left the | house and went down the street with the in- tention of calling on the first reputable phy- sician in whose office I saw a light. I called on Dr. Quigley and arranged with him to go and see Mrs. Browning. 1left him a card on which Iwrote my name. The card also had | the name of Mr. Pitt on it. ThenI called on Tigh at his room. We went and had a drink together and I went back to the house to see Mrs. Browning. Mrs. Shane would not admit me to Mrs. Browning’s room as the doctor was there at the time. She said that she thought Mrs. Browning was suffering from appen- dicitis. Mrs. Shane asked me to take Tessie for a walk, asshe was nervous becavse she heard her mother scremming. I said it was rather late to take & walk, but thought if the girl was nervous the walk would do her good. So we went down Ninth street to Harrison and out Harrison to Tenth, along Tenth to Market, down Market to Ninth and along Ninth to the house again. The girl passed ner mother’s room to the front room as we entered the house. Mrs. Shane asked me to go to her house with her foran errand. We walked up Ninth street to Market and then to Larkin, Flynn did not accompany me to my house on between Ellis and Eddy. We went up two flights of stairsto her rooms, which were on thought he met me there. I told him that I never lived in Portland. I went to dinner with Flynn that same evening. I had no formal introduction to him. Igave the name of Harry Weldon to Dr. Quigley as the father of the chiid to conceal the birth. from the | children, and my own name as Prescott. Iwas | willing to publish these names to show that | the child was born out of wedlock. They were the first names that suggested themselves | to me. Mrs. Shane and Miss Tessie Browning were recalled and denied the story of | Flynn in every detail in so far as applied to themselves. The jury then retired, and after fifteen minutes’ deliberation returned the following verdict: That Baby Browning, a male child found inclosed in a valise in a vacant lot on Twelith street, near Market, on April 14, 1896, came to his death on April at the Mount Saint Joseph’s Orphan Asylum, from inanition. And we further find that Baby Browning came to his death from exposure caused by John T. Flynn, and we further charge said John T. Flynn with murder. - W. K. Rodgers (foreman), J.P. Cassidy, E. Wuhrman, H. E. Blossom, J. McQuarrie, H. Loebner, George W. Ferris, A. Martinelli. Flynn was taken back to his cell in the City Prison to await his preliminary ex- amination in the Police Court. WHY SHE RAN AWAY. Pretty Lulu Marquardt of Benicia Says She Left Home Because Her Mother Beat Her. Lulu Marquardt, the girl who ran away from her home in Benicia about three months ago, was found by Detective An- thony and Policeman Lynch yesterday morning, and taken to the City Prison. Lulu is a very pretty girl, 16 years of age. She was working as a nurse-girl with Mrs. J. R. Johnston, who keeps a lodging- house at 328 Third street. *I don’t want to go back home,” she said, as the tears ran sown her cheeks. ‘I left about three months ago because I could not bear the cruel treatment of my mother and brothers. The marks of the last beating I got from my mother can be seen on my back yet. She beat me with a stick. When father and she quarreled, she always turned her wrath upon me. “I am the only girl and have four brothers. Three of them are younger than I. They all used to beat me, be- cause they saw mo'‘her doing it so often. I don’t want to go back, as I was comfort- able and hlfuy with Mrs. Johnston, and I am afraid of my mother.’ General McComb, of the Society for the Frevention of Cruelty to Children, is at- tending to Lulu’s case, and will make full inquiries about her treatment by her mother before she is sent back to Benicia. Inge g’ The Sutro Baths Programme. Colonel Robinson hes arranged the follow- ing attractive programme for the visitors to Sutro Baths to-day: Tricks by Hiro of the | Royal Yeddo Company, tumbling by Hiro and Noe, clown act in water bf Aone, direct from London; tri ing by Yeddo Com- pany, ard race for members of the Pacific Swimming Club, 50-yard race, open to all under 18 years; 100-yard race for members of the Pacific Swimming Club. March, Hustak; overture, ronze Horse” (Auber); selection, “Recollection of the War” (Bef‘ ; waltz, ‘‘Chinese Lantern” ; gavotte, “Loving Hearts”; march, “Semper Fidelis”; selection, ‘“Robi Hood” (DeKoven); solo for cornet, selected; waltz, “My Dream” (Waldteufel); galop, “Petersburg Sleighride.” ——————— An Aged Father’s Wish. Chief Crowley received a letter yesterday from Miss J. E. Umbricht, 3002 Park avenue, St. Louis, Mo., asking for information concern- ing her brother William Umbricht, known as “Billy Bright.” He left home seventeen years ago and is supposed to have come to this City. e will be now 83 years of age. His aged father wants to see him before he dies dered infant must have been deposited on the floor of the pew while the prayers of the worshipers were echoing in the ears of the criminal. The morgue authorities turned the af- fair in toto over to the police to-day, and Captain Lees has had some of the best men of the force hard at work on it, but so far there does not seem to be the slightest clew that will lead to any definite end. Neither the sexton nor any of the members of the church appear to have noticed any person carrying a bundle enter the church, nor do any of the shop- keepers or regular frequenters of the vicinity remember seeing any one going toward the church with a package between the hours named. 1t is said to be no uncommon thing for persons carrying various articles of wear- ing apparel, ‘satchels and packages to go into this church. Itisin a thickly popu- lated part of the town, where many of the mesmbers pass and repass it on their way to and from their work. Necessarily they iretx:wntiy are compelled to take any small package they may have in with them, and the thing is so common that no attention is'Fald to it. he birth record at the Health Office shows that no child is known to have been born in the region of the church since April 20. This isin no wise strange, for the appearance of the child clearly indi- cates that there was no physician present at the period of birth. The body shows rough handing, and the lungs are con- gested. The autopsy, performed by Dr. arrett, makes 1t evident that in spite of the yough handling that the little stranger received he must have lived for some time after birth. . Coroner Hawkins stated late last even- ing that as soon as the police had collected sufficient eviderce to tend to show who the author of the deed is, an inquest will be heid. The time of the inquest, there- fore, is indefinite. CONTEMPLATES BUILDING. The Welsh Presbyterian Church Will Erect a New Edifice. The Welsh Presbyterian Church, which has been holding services for some years at Cambrian Hall, is contemplating the erection of a new edifice. As a prelimi- nary step in this direction the board of di- rectors recently purchased a lot on Ridley, or Thirteenth street, as it is now called. The congregation has been enjoying a sea- son of encouraging prosperity! under the | pastorate of Rev. Vaughan Griffith, and the members hope in a few months to be {in a position financially to take active steps toward the realization of their de- sires in regard to an edifice of their own. The Welsh Presbyterian Church, though necessarily limited numerically, is one of the oldest religious organizations in the community, and many years ago they owned a small edifice on Vallejostreet, but as the center of pooulation shifted the oc- cupancy of these quarters became imprac- ticable and were atandoned. REFUSING THE PERMIT Coroner Hawkins and Dr. Kuhl- mann Differ in the Case of Jens Sonderup. Inquest Over the Body of an Electric Car Victim—Burial Permit Issued Yesterday. Coroner Hawkins and Dr. Charles G. Kuhlmann entertain widely different ideas as to what caused the death of Jens W. Sonderup of 10 Steiner street, who was struck by a Kearny-street elec- tric-car some six months ago, and who finally passed away on Thursday last. This difference of opinion between the Coroner and a reputable physician has caused the Board of Health not a little trouble. It has alsocreated an impressica in their minds that the Soutnern Pacific is responsible in a way for the widely dif- ferent ideas expressed in the two death certificates now on file in that office. The story briefly told is as follows: 8ix months ago Jens W. Sonderup, a beer-bottler by occupation, while attempt- ing to cross Kearny street, near Washing- ton, was struck by a northbound electric- car. He was carried home in aninsensible condition, but later recovered conscious- ness. However, the man was a physical wreck. His lower limbs were paralyzed to such an extent as to unfit him for busi- ness. On Thursday last Sonderup died, and the attending physician, Dr. Charles G. Kubhl- mann, offered at the Board of Health office the usual form of certificate, the cause of death being named as follows: ‘‘Progres- sive traumatic (from a wound) cerebro spinal ataxia and paralysis.”’ As the certificate was not indorsed by Coroner Hawkins, a burial permit was re- fused. Later, Dr. Kuhlmann appeared at the Health Office and demanded to know why the authorities would not recerve it. The angry physician was informed that in cases of deaths resulting from accidents, all certificates must be countersigned by the Coroner. Hardly an hour had passed before an employe of the Market-street Railway ap- peared at the Health Oflice and demanded to know why the permit was refused. The enterprising official was given the same answer as that which so angered Dr. Kuhl- mann. Just how it happened no one seems to know, but the body of Sonderup was viewed by the Coroner and yesterday a certificate with the cause of death, reading as follows, was filed by Dr. Hawkins: Brain, spinal cord and kidneys preserved for i opical examination—pulmonary tuber- nodules through both lungs and in kidneys; stomach preserved for analysis. In- quest pending. In accordance with this certificate the Health Office issued a burial permit, naming consumption as the cause of death. It will be observed that Coroner Hawkins and Dr. Kuhlmann differ materi- ally as to what actually caused the death of Sonderup. Paralysis is named 1n the first certiticate and tuberculosis in the one last placed on file. In view of the fact that the deceased man’s family expect to institute a big suit for damages against the Market-street Railroad this difference of opinion between Coroner Hawkins and Dr. Kuhlmann will, no doubt, cut a big figure. NEW TO-DAY. &?i’i’ifi)D'D)i!‘!’i."i’!i”’bi»i)’!’)@? 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