The San Francisco Call. Newspaper, February 9, 1897, Page 8

8 THE SAN FRANCISCO CALL, TUESDAY, FEBRUARY 9, 1897 BUTLER'S COUNSEL QUESTION THE COURTS JURISDICTION Second Day of the Extradition Proceedings Involving the Australian Suspect Before Commis- sioner Heacock. TECHNICAL POINTS ARE OVERRULED. | The Alleged Murderer Sat Stol- idly Indifferent Through- cut the Day. | liberty without due process of law, contrary CONTINUANCE OF THE CASE TO| TC-MORROW. Censu'sG2neral Warbur!on, Sergesnt Bunner and Captain McAllister Called to Testify { | they proposed to produce. The alleged murderer, Butler, or Ashe, ac he is now generally termed, again ap- | pearea before Commissioner Heacock, sit- ting in the United States Circuit Court, yesterday morning at 10:30 o'clock, when the hearing of the warrant and appiica- | tion for the extradition of the prisoner | wus resumed. The principal witnesses ex- | amined yesterday morning and afternoon | were Sergeant Bunner, the British Consul- | General, J. W. Warburton, and Captain | MeAllister of the ship Langdale, whose | testimony added much of interest to the | sum of information which has already ob- tained publicity through the newspapers. The attorneys for the defense presented ademurrer, setting forth certain objsc- tions to the jurisdiction of the court, in | r to which Commissioner Heacock | read bis certificate of authorization in ex- tradition proceedings of this nature. At the close of Captan McAllister's testi- mony yesterday afterncon an adjourn- ment was made by consent until 2 o’clock | on Wednesda; Another lurge crowd assembled in the corridors of the Appraiser’s building some time before tlie hour set for the continu- ance of the hearing, and many privilezed persons were admitted during the interval to inspect the prisoner, as he smoked his perennial cigar, in a room adjoining M =hal Baldwin’s office. The prisoner had been transferred thither in a hack from e City Prison at 9 o’clock in the custody the Marshal and Deputy Gallagher. For upward of an hour Ashe sustained the scrutiny of the curicus with perfect equanimity, being further reassured. doubt, by the reflection that his per appearance was quite above reproach. wore his new store suit of navy tlue and clesn negligee shirt, and had evidently been recently snaved. On the whole, in fact, his confinement and treatment seem | to have agreed with him. | The moment the door of the Marshal’s | office was thrown open and the prisoner | appeared beiween Sergeant Bunner and uty Marshal lagher, the cro ampeded in the direction of the court- room across the way, but on this occasion iue rules were strictly enforcea and no | more were admitted than could be com- fortably accommodated in the space pro- vided for spectators. Several ladies occu- pied seats in ths jury-box, and others of ihe fairer sex were conspicuous in the foremost row of chairs behind therail. In other respects the assemblage was of the | nondescript order, though there was a respectable sprinkling of professional | gentlemen present. Captain Fraser of the | #Lip Swanhilda was also an interested | witness of the proceedings throuzhout. Meanwhile the attorneys on both sides, Messrs. Cormac & Donohoe_for the ap- piication and Messrs. Stone, Pidwell an A. L. Black for the prisoner, took their seats; Consul-General Warburton sat next | to Mr. Cormac and the Australian detec- | tive, Roche, immediately behind bim. | Constable Conroy was also in court, | tuough not again called upon to give evi- | dence, McHatiie, however, was not pres- | eut. The prisoner was provided with a | seat between the tables alloited to the counsel and reporters, being guarded on | erther hana by Sergeant Bunner and the Deputy Marshal. He seemed outwardly | calm, though to the careful scrutinizer 1hat very assumption of indifference may | have appeared somewhat exaggerated. | His chin was supported by his right band and he gazed steadily in front of him for the most part, paying no attention what- ever to the artists who were busily en- gaged in sketching his features. The Commissioner having entered, At- torney Stone rose to notify him of the as- sociation in the defence of Atiorneys Biack and Leaming. He went on to say | tuat he and his colleagues wished the | court to afford them every possible ad- | vantage, and to give the prisoner the benefit of every doubt. Public opinion was decidedly against thefprisoner, and this being a legal tribunal, he wished it to bold the prisoner presumptively inno- | cent, though the public presumptiion was | that he was guilty. Mr. Stone intimated in conclusion that the defense would have certain objections to introduce at an | early aate. The court observed that he understooa the case to be as any otherin which the Commissioner sat as & committing magis- trate. The first point to be considered by him was as to whether any public offense had been committed; secondly, was the defendant guilty thereof, and if the court found that a public offense had been com- mitted and that there was probable cause to believe defendant guilty thereof, the law would then hold him for extradition. Attorney Cormac formally pointed ont that there were extradition proceedings under the treaty of 1842 and a later one of 1889 between the Governments of the United States and Great Britain for the delivery of the defendant, whose aliases he enumerated. accused of two murders iu the colony of New South Wales. The particular offense the prosecutio: taking up now was the murder of Captain Lee Weller on October 31, 1896. The pro- ceedings were based upon Consul-General ‘Warburton’s complaint, duly filed at this port, which, with the court’s permission, he would read. The couri confessed himselt wil]ing!oi waive the ceremony, while the defense observed that they were already familiar with it. In the absence of any aefinite objection, however, Attorney Gormac proceeded to read the document in ques- tion, which has already appeared in these columns. He also read the Marshal’s re- turn on the warrant with the consent of the court. Attorney Stone—It 1s expedient at this juncture, in defense of the prisoner, to «ffer certain objections to the character o1 this court. “They are in the following form: In the matter of the application for the extre- dition of Frank Harwood, otherwise called 8. Burgess, otherwise called Butler, otherwise called Samipson, otherwise called Clare, other- wise called Lee Weller, under the treaty be- tween the United States and Great Britain, concluded August 9, 184 Comes now the prisoner by his_ attorneys, Leonard Stone, John T. Pidwell and Biack & Leaming, and objects and demurs to further G J | evidence as to criminalit; | man known as Lee Weller stricken out. proceedings in this behalf upon the following grounds: First—That the juriediction of this tribunal has uot been properly iuvoked. z Second—That this tribunal bas no jurisdie- m over the p Third—Tha! on of the priso i is tribunal hasno jurisdiction over the subject matter of this procecaing. urth—Tast the complaint does not state facts sufficient to constitute an_extradictable offense undar any treaty between Great Brit- ain aud the United States and especially under the treaty now in force. hat the prisoner is deprived of his toand in violation of the provisions of the fifth and fourteenth amendmen:s to the con- stitution of the Uniied Sia Sixth—That the proceeding herein is unau- thorized aud contrary to the terms of the treaty relations between Great Britain and the tes as set forih in the treaty now in force under date of July 15, 1889, As the above objections, he continued, were such as might be raised at any stage of the proceedings they did not care to enter further into the matter at the mo- meut. It might, however, assist in estab- lishing the relevancy of evidence which The court, replying 1o the objection as to jurisdiction and authority, said that a section of the Federa! procedure provided for a case of th present nature and em- powered the Commissioner to make an order (o subpens witnesses at the expense of the Government. He also read his specific_auttority granted by Judge Mor- row, January 5, 1897, in the District Court, under which he was now hearing , ete. After some further technical discussion on the t of counsel relative 10 these ob- jections Attorney Sione said that the de- fense miznt present the same with addi- tional force as the case developed, where- upon Attorney Cormac called Sergeant Bunner to the stand. Mr. Blsck desired to have it entered on the record that the taking of evidence was incompetent, specifically on the ground that the compiaint set forth no truditable offense under the treaty o 1842, as modified by the convention of 1889. He contended that the complaint contained no sufficiently accurate chargs 1o make the offense one under common law, according 1o the terms of which the court must proceed. ‘Tne court—Objection overruled. Mr. Ston xception taken. ess then deposed as foliows: He was a sergeani of police and a D-puty Marsnal and resiied in the Ci nd i San Francisco. He had a writ- ten vermission from the Marshal. (Pro- duced, examived and read.) He was in the police station at the oot of Taylor street at 4 o’clock on the morning of Feb- ruary 2, 1897, when be had in nis posses- sion’a warrant. Constable Conroy cailed him about 4:30 or 5 o'clock, teliing him inat the Swanhilda was outside. He then €0t up, and accompanied by Detectives Silvey, Roche snd McHaitie went down along the wharf. Tney staved there fif- teen or twenty minuies listening for siz- nals, but received none from the towboat. After a while Officers Ferguson and Con- roy called his attention to s flash of light | reupon they went aboard the revenue c and proceeded down the bay untii off the Presid: Here they ran alongside tue Swanhilda and Detectives Silvey, Fgan, Ferguson and himseli went aboard. Toe witness then found the captain and asked if he had a man named Lee Weller avoard. Tne captain -aid he had and witness asked 1f he was in irons. The captain replied that he was not. After some talk all Lands were mustered by the United States quarantine officer, the cap- tain teilling wiiness that he would point Lee Weller out to them. This be did, and | Detectives Egan and Ferguson immedi- ately seized him, and the witness put his pistol under his nose and told him to throw up his bands. Prisoner was then ironed and witness took him down the atter hatch. The prisoner wanted to know what all the fuss was about. The witness_called Conroy aboard and showed him Lee Weller for purposes of identification. In the presence of the so- callea Lee Weller C oy said This is the man.’”’ The witness asked Weller if e knew Conroy and he said he did not. Conroy was disguised at the time with a large beard and mustache. | The witness tola him to take them off and then Lee Weller acknowledaged hav- ing seen bim. The prisoner was thes taken nto the cabin, where the witness read the United Stales warrant. This done the witness took the prisoner’s picture (produced) and asked him if that | was hus picture and name. He sa:d it was, Prisoner’s effects were then gathered to- geiher. Mr. Cormec—You produced that pho- tograph ? Witness—I did, and I showed it to the prisoner and he <aid it was hi- picture. I asked at first if it was his picture and name and he said “That's me. ““What name?’ “Harwood was on the pictare.” Con- tinuing, the witness said *hat Officers Fer- guson, Egan, the captain, Marsual Bald- win and bimself were present when he read the warrant. After the warrant had been read the prisoner said: “Don't search me here, let me go ashore,” Mr. Black—Who said thai? The witness—Lee Weller. Mr. Cormac—He made no reply to the charge? “No, sir.”” Wilness then stated that the prisoner was put sboard tue Hartley and taken to the police station. Mr. Black moved to have that portion of the evidence referring to what the cap- tain had said when he pointel out tue The court overrnied the objection, and the witness went on to say that the patrol wagon was sent for and the prisoner con- veyed to the City Hail. All his baggage was searched in the detectives’ room 1n the prisoner’s presence and an inventory made. At the time of the arrest the ves- sel was between the heads and the bay and within the jurisdiction of the Distriet Court. They found lots of stuff marked “Lee Weller.”” Marsha! Baldwin here produced abulky *ack containing the prisoner’s effects, which the witness proceeded to examine. Mr. Cormac remwrked that one of the sections of the convention of 1889 staied that all property should be sent back with the prisoner. : Mr. Stone contended that the original requisition must designate the articles re- quired in the country where the trial was o take place. Mr. Cormac quoted the provision, and the examination was resumed. The wit- ness, referring 10 the list indicated by Mr. Cormack, said it was the one made at the time and indorsed by the prisoner. Mr. Cormac began to enumerate each article, a list of which has already been published, but hed scarcely specified ti.e “*Songs of Engtand.” volume one, ad- dressed to Mre. Lee Weller and dated September, 1894 when Mr. Black again rose to interpoiate a question which was in effect: *Was the writing on the book when in possession of the prisoner?'’ . Witness—It was, sir. Every article is in the sanie condition as when taken. Oneof the rare laughs evoked at any stage of the hearing arose when Attorney Cormack asked: “Do you find there a sheet of music with the song, ‘We All Love Jack’?’ Witnes <—We All Love Jack’’; yes sir. The enumeration of the numerous ar- ticies comprised in the inventory contin- uved untii Mr. Cormac reached sundry master’s and officer’s certificates, dis- charges and recommendations found - Cormac’s SERGEANT STEPHEN BUNNER, the First Witness Called to the Stand During the Hearing Before Commissioner Heacock, Identified the Numerous Articles Found Among Butler’s Baggage on Board the Swanhilda. among the priconer’s effects. Mr. Black |one set of which was sent to Washington.” | chalantly, and tha crowd tittered, asked at that juncture that these docu- ments might be read subject to their re- jection by the court should it subse- quently transpire that they had been in any way altered. Do you find there,” asked Attorney Cormac, “the picture of a lady in a frame? *Yes, sir.” *‘Did the prisoner make any statement concerning that to yon?’ 3 The prisouer told e that this was his wife.”” The above reply referred to the picture of Mrs. Lee Weller. Mr. Biack sharply demanded: “Where did tie prisoner tell you that?” At the City Hall.” When?"” “Wtien we were examining his goods Attorney Cormac resumed his direct examination, continuing to enumerate articies mentioned in the inventory. The witness explained in reference to one or two documents that a mark had been placed upon the same in order to iaentify them. Mr. Black asked in reference to & certificate of cuaracter granted to Lee Weller in 1888 by the captain of the Alma- dine, whether he was familiar with the bandwriting of the defendant. Witness—Yes, sir. “In whose handwriting just read 2" “I don’t know.” s it in this man’s handwriting 2" tis not.” Mr. Black here approached the prisoner and asked him to write a few words on a piece of paper. He made no immediate use of this, however. In due course the package of strychnine found in the sweat-band of the prisoner's hat was unearthed. “After we had taken nim to the City Pricon,” said Bunner, “we stripoed him and in the sweat-band of Lis hat Detettive Ean found this pack- age. I was present when it was found.’ He added in reply tosa question put by Attorney Pidwell that he was not per- sonally aware at the time that it con- tained poison. Still the wearisome read- is that paper | Mr. Black—It is wholly immaterial as to how he received his information. If he as a matter of fact acted upon what he believed to be correct information tuat is ali that is necessary. We contend that the telegram is not direct evidence; it 1s merely hearsay. It is of no benetit to this case and this being so could not tend to establish the euilt of this defendant. Be- sides the witness needed no such tele- gram to make his complaint. Mr. Cormac—If you admit that he had authority to make such complaint without them we will not put them in. The court—You admit tuat he 13 Consul- General. 5 Mr. Black (peremptorily)—No, sir. The court—I oyerrule the objection. Mr. Cormac—It is not admitted, I un- derstand. that he is Consul-General. I therefore desire him to produce his com- mission from her Majesty and his United States papers. E The witness immediately did €0 and the defense, upon examination of these docu- ments, declared itself satisfied. Mr. Cormac—That is ell, your Honor. The defense here called Sergeant Bunner for cross-examination. Mr. Black—I understood you to say that you had a warrant handed to you on the morning of February 2 at about 4 o’clock. *1 said no snch thing, sir. 1said I had a warrant in my possession. . “When was that warrant issued ?’ ‘‘Some time in January. Idon’t exactly remember the date.” Bt *:Can you tell by examinirg it?"” ‘‘Yes. But this is not the warrant I had. There was another issued before this.” “Where did you get that warrant?” “It was served ziterward by me in Cap- tain Lees’ office. The warrant under which I the prisoner was issued in Jan- uar ““Where was the prisoner at that time?"’ “I suppose be was at sea.”’ 3 “Was he within the jurisdiction of this cou o, si “And that is the warrant you took him CAPTAIN JOHN MCcALLISTER, Who Kaew Lee Weller. ing of the mventory continued and the court rose when it was finally compieted, until 2 o’clock, On resuming Consul-General J. W. ‘Warburton wus called to the stand. After Laving given his ful! name, residence and occupation, he stated in reply to Attorney interrogatorie: “I am the person who made ana verified this com- plaint. 1did 0 in my offi 1al capacity, 1 am intimately acquainied with Sir Julian Pauncefore, who is Embassador Extraordi- nary and Plenipotentiary for Great Brit- ain. Iserved many vears in the London Foreign Office and ‘am familiar with his signature.” n the regular course of your business did you receive instructions from Sir Jul;su Pauncefote, concerning this mat- ter?” “Idid. In the shapeof a signed com- munication and telezrams.” Tiese were read and were designed to notify the Consul-General of the Butler murders, which were spoken of as having been committed under circumstances of *‘terrible atrocity,” and to inform him of the fugitive’s escape from justice in the ship Swanhilda, and of the Embassador’s application 10 the Government at Wash- ington for his”extradition, in accordance with ibstructions received from her Majesty’s Government. The telezrams were dated respeotively December 11 and D-cemver 17, 1896, the latter being merely confirmatory of the former. ‘Do you know from your connection with the Foreign Office that it was his duty as Embassador 10 present a requisi. tion for the extradition of criminals?’ **Certainly.” You say in, your comvlaint ‘upon in- formation and "beiiel’ based ujon cortarn information received from her Britannic Majesty’s Government and from authen. ticated copies of sworn information lg-i;wt the prisoner. Have you seen any 3 “I have. They were both duplicates, on?” ‘“‘Yes, sir. I found him on the British shiy Swanhilda.’” ‘“Where 18 she registered ?”’ don’t know."” tis a British shin?”’ 1 flies a British flag.” *'Where did you see her first?” ‘' bout the middle ground buoy.” “How far at ses 2" *In the bay o! San Franci co.” “When did you first see the Swanhilda ?” ‘'Some two or_three years ago,” replied the witness, amid laughter. “I refer 10 this occasion.’’ “I boarded her between 5:30 and 6 o'clock. Was she anchored 7 She was not. She was towing.” She wasn’t tied to any wharf?'’ *Oh, no; she could not be when she was towin “'She wasn’t conneted with any wharf?” “How could she be?” 1 ask you ss a matter of fact.” “No, certainly not.” When you went aboard had you any otier paper in the nature of a warrant other than the warrant you refer to as 1ssued in Jannary ?"’ 1 had only that one warrant.” “Who was the first man to whom you spoke?”’ . “Captain Miller, the_ pilot, and then Captain Fraser. I'asked Iraser if he bad the man sboard his ship.” **Where was the prisoner?”’ suppose he was knocking about the main deck.” “W;here was he ‘wnen you first saw him ?"* 3 7 ‘O the starboard side of the ship, near the cabin door.” This is t “*Yes, sir.” 'What did you say to him?” ‘Throw your hands up!’ " “He did s0?”" “I guess so,” responded Bunner, non man bere? | | | | | | d you handcuff him 2™ ; Ezan and Ferguson did so under my directions. I acted by order of the Chief of Police.” “Did you call them to your assistance as Marshal 2”* “No; a3 a police officer. as a police officer and a United States Marshal both.” “Now, sergeant, you referred to a sec- ond warrant. When did you get that?” I told you 1t was served on him 1 Lees’ office the same day. It was handed to me about 9 or 10 o’clock.” “When was it issued?'’ *“I don’t know."” ‘‘Was it issued before the Swanhilda came into the head. ‘I think it was issued after the arrest.” Mr. Cormac—Objection | Mr. Black—As I understand it, the Consul will make application later, by | which he will sesk to have certain articles roferred to here taken away with the pri oner. Idesire to know from the witness by what authority, how, when and where these articles were taken. It seems to me a proper course of cross-examination. The court held that it was immaterial how they came there. As he understood it, these effects were found among the prisoner’s luggage after his arrest in the bay of San Francisco, and therefore with- in_the court’s Jurisdiction. Mr. Bluck—"i wanted to find out when | | that was done.” He added that it was necessary at the time of the issuance of the warrant for certain facts to exist. The first being the commission of a crime; the second the fact that the crime was extra- ditable, and third that at the time the person accused was within the court’s jur- isdiction. His point in this examination was, therefore, obvious. The court suggested that the words eking asylum or found,” contatned in the treaty, inight be given a broad inter- pretatio riainiy if the prisoner was arrested in the waters of the bay he was within the jurisdiction of the judicial au- thorities of this district. Furthermore, he | could himselt state from his own knowl- | edgze that the complaint was made Febru- ary 2, and the warrant issued abont a day later. Under the State law it was ex- pressly provided that when & person was brought before a magistrate, either with | or without a warrant, the magistrate should see whether an offense had been committed. Mr. Black took exception and then re- sumed cross-examination. *“Where,"" he asked, ““did you find these various articles first? ‘On board the Swanhilaa. I was stand- ing by the main hatch when they were brought to me. They were not on the person of the prisoner, but he said they were his. As faras I know they were in his possession.”” ““Who took them out of his possession?” *Detective Silve: “In whose posession ars they now 2" “In the hands of the United States Mar- shal, Barry Baldwin.” | “You had no paper or writ authorizing | you to take possession of any of those 200 ¥ Nothing further than the order of the Chif ot Police and the Marshal.” ~Had tuey any written order from any- body ?” “Idon’t know. I obeved their orders. I govmy orders from the Chief of Police of this City and delivered them to Mr. Moran, the property clerk of tie Police Department, and afterward to the Mar- shal.” *Do you know whether they have been in anybody else’s possession 2" The witiess explained thet the Consul- General examined them, but that they were in his (Bunner’s) possession all the time. They were in the same condition as when he received them. “To my knowledge,” said Mr. Black, “there was one paper which had initials on it.” “I told you myself that they were there. And there was this pistol, which has no number. He acknowledged 1t was his, and toidentify it we placed the initials J. R. upon it."” The prisoner Ashe here denied in & scarcely aud:ble voice that he had ac- knowledged that the pistol was his. “J. R.,” continued the witness, ‘‘stands for John Roche. With the exception of two changes, the ‘articies are in the same condition as when taken. They were 1n the forecastle, and he acknowledged they were his property.” “Who carried them away?"” +All hands.” Yon had no regular process?'’ “My authorily as a poiice officer. I shou!d arrest him on the charge of mur- der and lock him up on that charge.” “That is all.” “When yo property,’ s0 yourseli?'’ “Yes, sir; it never left my possession. I gave it to Mr. Moran ior safe keeping, but I kept conirol of it. The Consul- General did not (ake possession of it and refuced to do so. I returned it to the Marshal and he and McHattie brought it over to this buiiding. The Consul put his seal on it.” Mr. Bilack—The witness says he took possession under authority both from the Chief of Police an! the Marshal. What was the Consul’s seal put on it for? -It was intended to give it to the Con- sul, but after consuitation with Judge Morrow he ordered it 'to be returned to this buiiding.” “'‘Are the articles here the same you took from him ?” *‘There are more here than were speci- fied this morning. There is one article missing and that is a prayer-book. Some one took it, I guess. “Prayer-book gone +Prayer-book gon; [Lxuzh(er.& Captain John McAllister of the British ship Lanidale was the last witness called. “My ship,”’ he said, “has been here about six weeks. My residence is in Liver- pool, England. I was acquainted with Captain Lee Weller, whom I met first in Svdney, N. 8. W., and afterward in New- castle.” I kuew him for three or four months.”” Being asked to describe Captain Lee Weller the witness continued: *‘He was either 37 or 38 years of age and his hair was black and curly. He wore a black beard, but I do not know the color of his eyes. He was a little taller than I am, or about 5 feet 635 inches. I don’t know Where he was born of my own knowledge,” took possessior of this id Mr. Cormack,'did you do I went there | | about the 23d of September.” “Do you see him in court?” asked Mr. Cormac. *No, gir.” > {ou see the prisoner in court?” ““Yes, sir.” “Is tha Captain L. W. Weller?'’ “No, sir,” replied the witness emphati- cally. “No more like him than you are.” Mr. Bisck—The man you refer to was | named—? “Lee Weller.” “I understood you to swear he was Lee Wellington Weller.” “He had both names.’" *You don’t know wnether it was Lee M. or Lee W. “1 never saw his signature.” “Would you swear he was not as young as 302" “I would.” “Ii there be a man named Lee W. Weller who is but 30 years of age he would not be the man you knew 2’ No, sir.”” You say you knew this man?’ ‘i have seen the Lee Weller I knew about twenty times at least. He was never on my ship. on board a ship called the Southesk. wife died on board while we were in New- castle. Isaw him several timesboth there and in Sydney. The first time I saw him for ten minutes only, and I saw him agair in Newcastie about a fortnight later, per- haps. I was with him about a quarter of an hour each time I saw him after that. These interviews were separated by inter- vals of two, four or five days. Ineverhad any particular busicess with him, but met him as I would meet any friend. I do not know whether his name was Lee W. or Lee M. Weller.”” Here Mr. Black requested the prisoner to stand up. which he did. “Now,” said the atiorney, turning to the witness, “‘tell the court in what way this man differs from the man you refer to.” “The man 1 knew had dark, curly hair | and black whiskers and was not so tall as this man. I should say that the prisoner is 5 feet 814 inches in heigit.” *“What were the habits of the man you refer to?” [Objection.] you know this man’s name?” No, sir. Bui I will swear he is not Lee Weuler.”” “Do you mean you will swear he is not the man you knew as Lee Weller?” “Yes, sir.” “But not that he is not named Lee Weller?” No, sir.” “When you knew Lee Weller in Syd- ney,” said Mr. Cormac, “he resided at Manly Beach?”’ *‘Yes, sir. I never saw his wife.” “What year was this?' “Eighteen ninety-six.”’ ““What sbip was he on at that time?” “The Southesk. His wife died board.” on Mr. Black—Did you see bim as late as | October? “No, sir; I was nearly here then. “How late did you see him ‘‘About a month or two before. I can- | not swear to it.” | Mr. Biack—We move to strike out the evidence us wholly immaterial and irrele- vant. The court overruled the motion. An adjournment was here taken until Wednesday next at 2 o'clock, by consent. | Counsel on both sides will in the mean time arrive at some arrangement whereby | counsel for the defense may be permitted | next, which was granted. to examine the prisoner’s effects in order He was a passenger | His | I left | penitentiary were often sent to Regina barracks to do “‘escort duty,” and the cap- tain thinks that Butler may have been | one of these prisoners, which enabled him | to get such accurate information about the | officers and men stationed at the barracks. There is a possioility, if this is correct, | that Butler knew Ashe, the policeman, perhaps intimately, and had assumed his name after regaining his liberty. i n iy BUTLER IN ALASKA. An Ohloan Thinks He Knew Him There as a Desperate Mis- i sourlan. | SPRINGFIELD, Omro, Feb. 8,—Esta 8. Smith of Tippecanoe City, fifteen miles | west of here, was employed by the Gov- | erament at Afognak, Alaska, during the | vears 1892 and 1893. He declares that he recognizes the picture and description of | the Australisn muraerer Butler, which appeared in the papers of last Wednesday, | as those of a man who slept in the same room with him in Alaska. In a talk with | your correspondent to-day Mr. Smith said: | “Butler when I knew him was always | nervous and uneasy. He could not sleep. He was a man who had plenty of money and spent it freely. Butler was a sailor, | and claimed to have been born in Clay County, Missouri. During the war his | parents moved to Nova Scotia. He was known along ghe Pacific Coast as Captain Peter Summgli Butler, and was about 30 years old. I'became very well acquainted with him and consider him one of the | most desperate men I ever met. He was | & terror to the people, and the landlord where we boarded endeavored to get But- ler to leave as all were afraid of him. He | was afterward found at Sitka, Alaska, | where he was caught robbing a till. | “However, with the use of his ever | ready revolver, he managed to escape. In | & short time I again heard of him at Sitka, | where he robbed a commercial warehouse | 0f 7000 salted sealskins. He gagged the agent and threatened to kill him and his | Indians if they should raise the alarm. | ““Butler never coald speak a good word for the Iaws of his native country, always | carsing when anything was said on that subject.” Mr. Smith is positive that this is the | same man, and considers him the pirate of the Pacific Coast. sta Smith is now a prominent lawyer ppecanoe City. THE BENSON OCASES. Xodictments Will Probably Be Quashed | by the Court on Monday Next. | | | It is expected that the charzes against John A. Benson and others, accused of and frauds, will soon be dismissed. Reddy, Campbell & Metson, attorneys for the defendants, moved that the indiot- ments be quashed in the Circuit Court | yesterday on the showing of a certificate | from the Surveyor-General that the de- | fective surveys had been rectified and of | an agreement of counsel. The United States attorneys wers not ready to have the matter dropped and asked for a continuance until Monday It 15 expected that at that time the motion to quash wilp to satisiy themseives that these are ac- | be granted. tually in the same condition as when first | confiscated. Commissioner Heacock left the matter entirely in the hands of Mar- shal Baldwin. The courtroom was cleared and the risoner conveyed to his cell in the City Tison. e BUTLER IN CANADA. If Not a Mounted Policeman He Was Famlllar With the Regina Barracks. - If Butler was not a member of the Cana- dian Northwest mounted police he 1s fa- miliar with the barracks at Regina and the people who were stationed there at the time of the Riel rebellion. Last night Alexander J. Smith, an ex- | member of the force, now living at 807 | Kearny street, called upon Captain Lees | and said he knew a man named Ashe who was a member of Troop B, stationed at Regina. Detective Wren was sent to the prison with Smitn, so that he could have an un- interrupted talk with Butler in his cell. Smith looked at Butler for a moment or | two and then spoke to him, telling him he was a member of Troop B. ' After hearing Butler talk Smith came to the conclusion that he had never to his knowledge seen him before. Butler talked with Smith about the police at Regina and was familiar with he officers and men. He mentioned the names of several, among them Cowmmis- sioner Irvine, Captain Deane and Horner, the head saddler. Butler seemed to have even a better memory than Smith as io some of the doings at the barracks, and knew everything that went on there. _After Smith had finished his conversa- tion with Butler Smith said: “Tnat man isn’t Ashe, put I am satisfied he has been 8 member of the police. It was after the rebellion that I joined and he might have been there at thut time.” Smith returned to Captain Lees and re- ported that he failed to recognize Butler, although he s-emed to be quite familiar with the Regina barracks. When Butler denied to Captain Lees on Sunday that he had made a statement to 8 CALL reporter that he was a member of the mounted police during the Riel rebel- lion tne captain reminded him that he had a few days before made the same statement to him, which he had apgar- ently forgotten. Butler winced, ‘urted out that he was only 1n jest when be made the statement. Captain Lees is determined to find out what Butlerdid while in the Canadian Northwest, and he will commuuicate wi:h different autnorities there on the subject, The captain 1s inclined to think that Butler, if not a mounted policema; connected with the Regina barr: some way during the rebellion. Prisoners sentenced to Stony Mountain | Portiand, Or.. B - WILL BE BURIED TO-DAY, Remains of Fred Hinckley Arrive From Portiand, Or. The remains of the late Fred Hinck) v were brought to the City yesterday from by Mrs. Hinckley and Harry Hinckley. They were taken to the Hinckley residence 1 Californis street. The funeral services, which are to be simple in all respects, will take place to- dav at the OCalifornia-street home, Dr. Moreland officiating. The interment will take place at Mountain View Cemetery, the remains to rest beside the grave of his mother. The following named gentleman friends of the deceased have been requested to act as pallbearers: H. T. Gibbs, Albert R, ayson, A. M. Cummings, Charl ichols, Charles E. Connell and James Spiers Jr. at e Cuban barbers lather their patrons with | their hands from a bowl made to fit under chin. No b L is used. NEW TO-DAY. Truth Triumph Jrophy —a trusty trio, Truth will triumph and “Trophy” will soon replace adul- terated baking pow- { ders. - Tillmenn & Beadel, Mi% | |