The San Francisco Call. Newspaper, March 8, 1904, Page 4

4 THE SAN FRANCISCO CALL, TUESDAY, MARCH 8 1904 FIITRIOT Y JOSEPH BUTTGENBACH DIES OF GUNSHOT WOUND RECEIVED ON SATURDAY NIGHT; SAN FRANCISCO POLICE ARE BAFFLED IN ATTEMPT TO DISCOVER THE MUR " DERER + FICHTS A DUE WITH BURGLARY - Patrolman E. J. Hall of Oak- land Has Thrilling Experi- ence With Housebreakers IS SHOT AT FIVE TIMES Fires Once at the Fleeing f Desperate Pair Run From Seene Forms as They sco Call local 1 Gate is morn- shots at him urned as the men He ind and ntinued 1 fire 1 na They h ir were but ATTEMPTS R. LAWSON JOHN HAMI TO KILI TON JOHN Goes in Puwo Search of His Wife and Fires the Husband of sShots at Her Sister assault- R. Law- € the fur- esidence, ago. been he h sterday 1 and a box of 3664 of sister of Mrs. out to residence of Mrs. Hamilton. the Lawson 18 the door and milton er him sidewalk and fired two neither of had gone g occurred. pistol was Doran, who enth street. He e and took Hamil-. do aft = is i H the gained round ® ——— Marchioness Spinola Dies. 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Joseph Buttgenbach, who was foully ehot Baturday night in his office 4t the Pacific Packing Company’s establish- cets, died »h's Hos- st Jose yesterday morning in St pital at the hour of 4:30. He had been unconscious from the time he was shot, and thus the cause of justice loses the invaluable service it might have received from his ante-mortem statement as to the facts-of the crime. Though two days have passed since the shooting 0f Buttgenbach the mys- tery of the crime seems to be no nearer @ solution than when the police began | their search The de- tectives have wholly failed to obtain evidence that would justify their further holding of two of the men un- der arrest, Edward Gonzales and Joha Riley, and these ex-convicts probabily, will be discharged this morning. The case against Buttgenbach’s son, Albert and his bookkeeper, Louis Brune, was mot strengthened yesterday. Unless the police find better reason for hold- ing them, they, too, will doubtless have to be discharged, as the evidence against them would hardly stand the scrutiny of a preliminary hearing be- fore a committing magistrate. Not a single material witness, not a material fact that points to the de- tection of the murderer was developed yesterday.” Last night Captain John Martin, chief of detectives, and Thomas L. Ryan, the sleuth speciaily detalled for its author. on the case, admitted that the day had | brought them no progress, while it had disposed of some of their theories. ‘While they are still hopeful of tracing the crime to its source they are con- fessedly workingygn the dark and trust- ing to good fortune to help them out. UNSATISFACTORY RESULTS. The unsatisfactory results of the de- tectives’ work is not wholly due to their lack of prescience. The case is undoubtedly one of the hardest nuts ever given the San Francisco police de- partment to crack. The crime wag committed in a locality that is accus- tomed to sensations and hence is slow to pick up its ears and start a pursuit merely because it happens to hear a pistol shot. . It occurred in an almost darkened building on a dark alley—for Shipley street is but & blind pocket running back to a nest of stables and other shacks—which afford as good a chance for escape as a footpad with a murder on his conscience could find in all the great region south of Market. Few people were on Fourth street at the hour-of the shooting, and no one has been found who can give anything ap- proaching direct evidence pointing to the ériminals. If they are ever con- victed it must be wholly upon circum- | stanitial evidence, and for this the chain is undeniably weak. | INQUEST THIS MORNING. Coroner Leland has set the inquest for this morning at 10 o'clock. There is considerable surprise at the Coroner's action in hurrying on the inquest be- fore the police have had time to com- plete their investigation. An autopsy was performed yesterday by Dr. J. B. Bacigalupi, whose report, in its tech- nical language, is as follows: _ The cause of death is shock and hemorrhage Gue to gunshot wound of brain. The bullet en- tered the brain one and a half inches behind the frontal parietal suture, one and a_half inches to the right of the interparietal suture —passed in a direction downward and back- ward and to the left through the left hemi- ephere at (parietal) lobe, thence through the vceipital lobe of the ieft hemjsphere, at the posterior and. inferfor extremity of which the very much flattened bullet was found lodged. Evidence of powder burns, etc., were removed by the hospital surgeons, who shaved the hair completely off the vertex of scalp. In plain English the autopsy sur- geon's report means that the bullet en- tered Buttgenbach’'s brain on the apex of the skull on a line with the right eye, took a downward course to the left and .rear, and was found lodged against the skull at the base of the brain. The calliber of the bul- let could not be determined conclu- sively, It was so battered by coming in contact with the skull, but its weight indicated that it was from a 38-caliber revolver, and therefore was similar to the five cartridges found on the floor of Buttgenbach’s office after the tragedy. The search for the revolver that did the deadly deed took several hours of the detectives' time yesterday, but proved unsuccessful. This is one of the difficulties of the case, for the dis- covery of the pistol might settle more than one question that is troubling the police. MYSTERY OF REVOLVER. ‘When arrested in Alpers & Heide's saloon Albert Buttgenbach had no re- volver in his possession. If he did the shooting he had but a few seconds in which to dispose of the instrument. According to his own story he first ran back from the office toward the en- gine-room at the rear of thé building before he followed Brune through the partition into the saloon. On this statement the detectives conclud- ed that, if he did the shoot- ing, they might find the pistol in the furnace. Therefore they had this cleaned out yesterday, only to dis- cover no traces of such a weapon among the ashes. All over the premises they searched with the same object in view and with the same result. The only reward for their industry was the discovery of an old and well rusted 32-caliber re- volver lying in the loft and evidently long innocent of use. This same loft, however, adds to the difficulties of the only theory the po- lice now have to work on—the theory that young Buttgenbach is a parricide. If the youth killed his father, why should he have forced his way into the adjoining saloon instead of mak- ing an escape through the loft to the roofs of the stables adjacent, from which it would have been an easy mat- ter to drop to the ground in the dark and thus disappear? Why, too, is it not possible that, if the murder was committed by footpads, they may not have escaped by this route? Doubtless the way out by means of the stairway was known to many people in the neighborhood, and it may have heen used by the criminals. If they knew of it, nothing is more likely than that they did not neglect it. EVIDENCE IS LACKING. Thus every new study of the prem- ises makes it more difficult to believe that Albert Buttgenbach can be con- victed on the circumstantial evidence now at hand. There are too many loopholes and the police are not clos- ing any of them. Their ill luck is ad- mitted. The personal witnesses on whose statements the pork packer’'s son is now being held are not any more likely to satisfy a jury. One of these is Sam Mason, the negro formerly employed by Buttgenbach and discharged some weeks ago at the instance of his son Albert, -whom Mason now accuses. Mason'’s story is that the youth had a revolver for some time before the mur- der, that he was seen by Mason chang- ing this revolver from his right to his left pocket shortly before the crime, and that he had frequently threatened his father because the latter was close with the boy. A host of witnesses rose up yesterday to contradict Mason on the story of the revolver, some of them merely saying that Albert had never carried a re- volver in his life, others confirlming young Buttgenbach's statement that he had in his pocket on Saturday even- ing the wrench that has since been found in the engine room, and still others testifving to the substantial good relations between the father and son. Mason's own animus against young Buttgenbach will hardly need arguing to a jury. NICHOLS A WEAK WITNESS. The only other witness whom the police counted on for strong testimony against Albert, was Jean Nichols, pro- prietor of the laundry at 322 Fourth street. Nichols was in his stable just across Shipley street from the door of the packing establishment when the shot was fired. The police gave out a statement on Sunday as coming from him, to the effect that on Saturday night, upon heéaring the shot, he had e The mystery surrounding the murder of Joseph Buttgenbach, the proprietor of the Pacific Packing Company, is proving one of the most troublesome ever presented to the police. The detectives admit that their work yesterday added nothing | to their means of solving it, || while it compels them to dis- charge two suspects, Edward | Gonzales and John Riley. The son of the murdered man, Al- i bert Buttgenbach, and his | | | bpookkeeper, Louis Brune, are | still held pending further inves- tigation, but much of the evi- | dence on which the police counted as weighing against one | or both of them is failing to stand close investigation. new witnesses were found yes- i terday. The detectives are face to face with a balance of proba- bilities that the real perpetra- tors of the crime made their es- | | cape in the dark alley known | @as Shipley sweet or over the | | | roofs of the stables that abut | the packing establishment. The | | neighborhood is one to make | such escapes easy and their tracking difficult. TUnless the police strike a productive lead within the next twenty-four hours the murderer of Buttgen- bach is likely to escape punish- men?. Coroner Leland has set the inquest for to-day. | +* + rushéd instantly to the sidewalk and stood there for some minutes watching | the factory door across the street, and that no one came out of that door or passed up or down Shipley street until the arrival of the crowds and police officers that were attracted by the noise. This story was knocked into smith- ereens yesterday by Nichols' own statement to two representatives of The Call. He said: “I was putting up my horse when I heard the shot, followed immediately afterward by the sound of falling glass. I was so busy with the horse that I could not turn to the door for several minutes, probably five, and at least four minutes, after I heard these noises. Then I stood looking out for about three minutes. During this time I saw no one come out of the factory. That is all I know and all 1 shall be able to tell in court.” NOTHING AGAINST BRUNE. Evidently Nichols will not be a strong witness against Buttgenbach and Brune. As for the bookkeeper, there is even less reason for holding him than in the case of the murdered man's son. Absolutely no motive can be suggested to involve him in the murder and he is being held merely under suspicion that he may know something against his employer's youngest son. In the 2bsence of further testimony to incriminate the young man the po- lice yesterday had to listen to many statements in his favor. Those coming from his own family were uniformly strong and convincing, and, of course, they are entitled to the greatest weight. His elder brother, Hugo A. Buttgenbach, who was also employed in the factory, said: ‘“We have the most perfect assurance that my brother is innocent. I know that he never owned a revolver in his life, and there was absolutely no mo- tive for him to commit such a fearful crime as the police suspect him of.” Lawrence Weber, brother-in-law of Joseph Buttgenbach and for many years employed as foreman in the fac- tory, is positive that the murder was the work of two young fellows he saw near the door of the establishment when he went home just before 10 o'clock. His statement follows: “I left the factory just a few min- Utes before the shooting. As I went out I saw two men standing down the alley, about thirty feet away | from the door. It was dark and I did not pay close attention to them, but they seemed to be slim young fellows. I thought they were friends of Albert waiting for him to come out, and so I gave the matter no further considera- tion. One of them wore a light coat. How the other was dressed I cannot tell. NO REASON FOR SUSPICION. “There is no reason for the suspicion o TGO 4 B TTCEN A s No |. against Albert. He never had any real quarrels with his father, and there was no cause for any such. The old man al- lowed him $18 a week, which, with his free board and lodging at home, was liberal. He did not have expensiv habits nor play the races, so far as I know. He never owned a revolver, and he always was an affectionate and du- tiful son.” The police are now convinced that if the shooting was not done by the son of the victim, it was the work | of two men, one of whom was proba- | bly engaged in a scuffle with Buttgen- bach, while the other .fired through the window separating the where the wounded would account for the fact that Butt- genbach was hit “on the top of the head near the forehead. If he had been standing up full height such a | wound would not have been possible. When he fell it was beneath a shelf or table placed just underneath the window that was pierced by the bul- let. In falling it would seem that the wounded man struck out wildl for support and in so doing drove his hand | through the glass door leading from | the office to the butcher shop. This theory accounts for all the visible facts | discovered by the police, except those connected with the fright that at- tacked young Buttgenbach and Book- keeper Brune and led them to break through into the saloon. had shot his father it is likely that some trail would have marked his flight from the scene of his crime to the partition. But the closest scrutiny failed to disclose any blood spots, either on the young man or the places he is known to have visited during the few critical moments after the shoot- ing. ESTAI)[.ISII AN ALIBL Captain Martin gave considerable time yvesterday to the case of Edward Gonzales and John Riley, the ex-con- victs who were seen in the neighbor- hood of the packing establishment on Saturday evening and were taken into custody on suspicion. The two suspects were “sweated” at some length and all office | man was found | jfrom the butcher shop in front. This If Albert | EMHRCHA\NT SEES BURGLAR AT WORK IN HIS STORE | Cohn Bros.” Jewelry Establishment Is | Broken Into and Crook Is | Arrested. A daring and almost cessful at- tempt to leot the jewelry store of | Conn Bros., 1034 M: street, was | frustrated about 11 o'cloek last night | by the accidental discovery of th One of the members of returning from the theate | passing his establishment | to glance through the glass firm was + while happened He | | erook at work in the store | | was startled to see a fellow in th place and immediately sought an of- ficer. Patrolman J Dolan was found and accompanied Cohn back to the store. The door was opened and the bracelets soon adorned the wrists of the burglar. He was booked at the Southern station on a charge of burg- lary and gave his name as Charles Johnson He claims to be an iron worker and an iren crank was found in his possession. Entrance was effected to the store through the roof and the police be- lieve the fellow in custody had two | accomplices, who escaped. ES — - the stories they told were carefully fol- lowed up. The result was summed up | |1ast night by Martin in the words | “We shall probably let them go i | the morning. We have examined a | the people they referred to and find that their statements are consistent and |are verified by trustwerthy pe | They have established a complete alibi, in my judgment, and I see no reason for holding them further.” sons. The story of Gonzales and Riley is in substance that they were at a saloon on the southwest corner of Folsom and EFHUrth streets when the shooting oc urred. This has been corroborated by a number of witnesses. Gonzales is a |driver for the Park Department and | rooms with Riley at the lodging-h of Mrs. Frances Stelzner. 325 Fourth street. Mrs Izner s her r a good name notwithstanding their bad police record, saying that during their eight months in her house they hav been industrious and s quiet and sober. In fact | reason the police had for arresting th | was the fact that each of the you men had “done time criminal fenses. This was known to resic s | of the neighbeorhood, who reported the | fact that they were in the vicinity at the time of the GONZALE! | Gonzales says that a | he and a man named Woods went w | Riley to the h and F | som, in front of which they were stanc STATEMENT. out 9:30 p h ing when they heard the shot fire They ran across the street and met George Har on the northwes | corner. They all then went to the sa- loon of Alpers & Heide, next door to the packing house, where they arrived | Gr. just in time to see Policeman catch voung Buttgenbach and | Brune as they broke through th tition. Then they went to the of Mrs. Litzens at 13 Freelon str where they sat up till a late hour Mrs. Litzens is a sister of Riley, and another sister is the wife of Gonzales. This story told by Gonzales was { peated in all its essentials by Riley |and confirmed by the other persons | they named, when the police ques tioned them. Hence there is no rea- | son for believing that the two young men were concerned in the murder e | BERLIN. . Mareh 7.—Frits Pange, a banker of Weisselfels, Saxony. was convicted at Naum burg to-day of the smbezzlement of $79.250 and was sentenced to four years’ impric nment in the penitentiary. ————— ODESSA, Russia, March 7.—Eruptive ty- | phus prevails Rere. Fifty-three cases have been regort ADVERTISEMENTS. Do you want to Be “A Man Among Men”? 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