Oakland Tribune from Oakland, California • Page 1

mm Fin uw V. J. i v' XXXI. OAKLAND, CALIFORNIA SATURDAT. MAIi; 16 1891.

-rPABT lEAGES 1 TO 8. NO. 114, the letters did pot show the motives 'of, Mr-Manafeldt Mr. Fitzgerald said tbat if Mr. Manafeldt knew who wrote the letter it was part of bis motive in publishing it.

If he continued Mr. Fitzgerald, "will the court let a man stand and hide like a sneaking coward A letter such as that tbat would send the blood rushing to the head and heart, of any man, should certainly be exposed." Mr. Church said that he was not talking for effect; he objected on purely legal grounds. Judze Gibson What is tout obiect. Mr.

ATTACK, Dr. Crowley's Assault on Hugo HansfeUl I bore me down it seemed as if he had tunred on top of me. I do not, knew how the injuries Ireceivrd in the side; think he must hare kicked me. The injury to my left aide was so extensive that even I cannot breathe without severe pains. I cannot lie oa that side, and my whole inside seems injured, Before tbe time of the aasautt I had no converstion with Dr.

Crowley for nearly a year, and I do not remember tbat be spoke to me. Yes. though, we had a conversation on tbe 22J of October, when 1 went to his office and found ray wife locked up there with him. Tbe door was locked and i asked to see my wife. He refused at first, but alter talking to her for a tew minutes he allowed me to come in.

He made, threats against me, Answer stricken out on motion of Mr. THE DEFENDANT EXAMINED. however, tha wound itself It was slight, unless followed by injuries from concussion of the brain. These evidences, however, might have been the result of fear or mental shock. "Thafe all.

doctor," said Fitzgerald, and on re-direct examination Mr. Church asked if in the doctor's opinion the instrument causing tbe wound on Mr. Mansfeldt'a head wonld produce death. Mr. Fitzgerald objected on (he grounds that the doctor no right to express such an opinion.

Judge Gibson said that if a doctor could not express such an opinion, who could? Mr. Fitzgerald aid it was strange that such a question should be asked. It might fire a presumption against the defendant when the fact of the size of the stick was not in evidence. The stick used by the defendant might have been shattered into a thousand eces. Why, a pen scratched on the head often enough and the place then struck might produce death.

Mr. Church said tbat the question might be hypothetical, but the witness had leaded that tbe wound had been produced by a blunt instrument. It was competent therefore to ask if the instrument referred to might produce death. Judge Allei aaid that by allowing tha question it really put Dr. Woolsey in the position of a juror in the jury-box.

Judge Gibson said that the question was of courge hypothetical. Mr. Church insisted, however, on his right to ask the question, but Mr. Fitzgerald claimed that there was a fatal error in it, because no found tion had been laid as to the nature of the instrument used on Professor Mansfeldt. The question of whether or not it was a stick or a cane should first be decided.

Judge Gibson said that it was in evidence that Mr. Mansfeldt had been struck with a cane. Mr. Fitzgerald It is not. Judge Gibson Well, he said that it seemed like one.

Mr. Fitzgerald That is different ANOTHER HYPOTHESIS. "Assuming the instrument to be a stick," said Jndge Gibson, "we want to know whether that would cause death." "I want to show the fallacy of this," said Mr. Fitzgersld. "Mr.

Mansfeldt testified that he may have been chloroformed." "That is trifling," said Judge Gibson. "Well, then, tbe whole prosecution is trifling," retorted Mr. Fitzgerald holly. Tbe question was then submitted and Mr. Fitzgerald's objection was sustained.

Mr. Church then asked to what extent a weapon like the one the doctor thought waa used on Mr. Fitzgerald should be used to produce death. Another objection came from Mr. Fitzgerald, who among his points said that the prosecution was going beyond its province in asking such questions of Dr.

Woolsey as an expert At this point the attorneys began talking about authorities, and Judge Allen remarked that it was noon and he would continue the case to 1 :30 o'clock to give a chance for their production. "Judge Gibson will produce Mr. Church as bis authority," said Mr. Fitzgerald "I wouldn't produce said; Mr. Church.

"No, yon would be afraid to handle snob a good authority," retorted Mr. Fitzgerald, and with this adjournment was taken A CEOWO IS THE AFTERNOON. When the court convened in afternoon session there was, if possible, an increased attendance. Many prominent people were among those present, among them being Z. T.

Gilpin, J. M. Brady, O. L. Dam, F.

R. Girard, Dr. L. T. Hall.

Warren Heaton, Samuel Hennessy, R. Balmforth, M. 8. Beet R. H.

McCloud, Havens, Edward Fitzgerald, H. C. MoCune. T. W.

Morgan, the wound a slight one. It was from half to three-quarters of an inch long, and one quarter of an inch wide. 1 could not tell whether the eut waa to the periosteon or he bone. I canac swear that it had passed through the muscle, visited Mr. Manafeldt six times at his house.

Mr. Mansfeldt also visited me at my office on the 14th of this month. Tbe purpose of this visit waa concerning medicine lor hla son." To a question asked by Mr. Church the doctor said, "Ko, I did not find any crepitos." "Can you ever find a crepitoS in an incomplete fracture of the rib?" Mr. Pitzrerald aaked.

"Yea, you might. It la very difficult to find' and as far as I know from my examinations I do not know whether there was any crep itoe or not Dr. Wooisey might have found crepitos- (The witness then took the facsimile presented to the court by Dr. Woolsey and explained what crepitos Is). I never beard of a man of 45 or 47 years of age having an incomplete fracture of the rib." "Would It be impossible?" aaked Mr.

Church. "No." Judge Gibson asked If the injury on the head could possibly be caused by falling on the sidewalk. Dr. Hess replied "It wocld not be caused by falling on the sidewalk, unless he bad fallen into a ditch, or where there waa some curbing, and then twisted his head ia so falling." Mr. Church Might there not have been crepitos without you discovering it? "Certainly." In reply to Mr.

Fitzgerald the witness then aaid: "I only thought there might be crepitos by his fi inching. 'He aaid he did-net want to be tortuied when I was examining him." PEOFESSOB MANSFKLDT'S DAUGHTER TESTIFIES. Miss Mabel Mansfeldt was next called. "I am the daughter of Professor Mansfeldt," she said. "I was with him at the time be was assaulted by Dr.

Crowley. I was with a friend and we were going to lunch. At the corner of Franklin street something suddenly pushed nae and knocked my hat off. I waa en the right side of my father and Miss Elsie Loane was on the other side. I then aw Dr.

Crowley. He knocked my father down and heat him a number of times. I did not see whether be kicked him or not I did not see Dr. Crowley crossing. He hit my father with a cane.

It was a dark red cane. I saw it distinctly. I could not tell where he hit the first blow, bat I think it was oa my father's hoad. My father was down and trying to get up, and as fast as he tried to get up Dr. -Crowley kept him down with th.

blows. I do not know how my father reached the ground that is what force waa used to prostrate him. I think Dr. Crowley struck him ten or eleven times, but the blows came so fast I could not keep track of them. He struck my father oa the head and side.

I did not hear Dr. Crowley say anything. No one approached to interfere. It attracted attention in a little while, but not Immediately. Dr.

Crowley did aet go away until a crowd started forming aad then he went away very fast." Judge Gibson then asked if the witness bad seen Dr. Crowley on another day before the time of the assault an Mr. Fitzgerald asked why the question waa asked. Judge Gibson responded that be proposed to show that a short time previous to the assault Miss Mansfeldt had seen Dr. Crowlev take a pistol from oue pocket and place it into the other.

This, therefore, would be evidence that the doctor bad the motive of murder In hla mind, and, taken in connection with tha assault, would be very Important. Mr. Fitzgerald said that even the fact that Dr. Crowley had carried a pistol in his hand that very day had nothing to do with the case at Issue, to-wit, the examination for assault. THE PISTOL IN THE FOCKET Judge Gibson We do not want to introduce here evidence that would not be adm Usable at the trial of the case should the defendant be held.

If however, we show that the defendant- was bitter sgalnst the prosecuting witness and carried a pistol, the fact ia important. It is a strange thing that a practicing physician walking in the streets of Oakland should take a pistol out of one pocket and place it in It la Mgnlflcant, to say the least of it" Judge Allen There should he some limit to the evidence In connection with the charge preferred. Whether tbe defendant intended to murder the prosecuting witness or not is no a feature in tho matter of assault. Judge Gibson The Supreme Court has decided that a committing magistrate need not be confined to the actual charge, but can bold a defendant for any charge that the testimony will warrant. Jndge Allen said that in his opinion tbe testimony ought to be confined to the charge, so the Supreme Court opinion bearing on the point was aent for.

Whan it came, Mr. Gibson read it and showed that the committing magistrate's power was ooi limited to the offense named In the compliim. TESTIMONY ABOUT THE PISTOL NOT ADMir.fSIl. Judge Allen though, on considering the Supreme Court opinion, said it did not allow research Into matters outside of the charge. Ex-Judge Gibson protested that in the present case it was necessary to prove that the asiault was willful, felonious and intentional.

The matter of motive was. therefore, very necessary. Now, shortly before this assault and subsequent to the publication in The Tribuke. if Dr. Crowley was seen with a pistol, it was certainly an Indication of malevolent intention.

The oourt The objection is sustained. And the prosecution being, therefore, shut out, continued on another strain. In response to further questions Miss Mansfeldt continued, her testimony. Trial is still in progress as The Tribuke goes to press. THE THEATRE PROJECT "Did-vou see Mrs.

Reed after won re ceived the i "Didrou talk to fier about her letter?" Mr. IttEgerald than. handed la. the original letters to the clerk and asked that they y.r. Judge Gibson- and Mr.

Church ob jeetedstyiug that iae letters might be needed iir some others matter. The objection's were, however, overruled and the letters; weie.haaded to Clerk O'Brien. This matter being -diSDOsed of Mr. Fitzgerald resumed questioning Mr. Manafeldt aboutthe do not know how Dr.

Dennis Crowlev bore me down, be said, "he may haTe chloroformed me as far as I know. 1 knew nothing until I was down, when I saw the club descending. I dO-uot know whether or not the stick or cane was Dr. Crowley nearly knocked my daughter down wben be Jufrrped tn lop of me like an avalanche. I sea ior I have forgotten who sent for Dr.

Wooisey. Either I or my son seat lor' Witi tMa; Mr. Fitzgerald closed his cross-examination and Judge Gibson took the witness for redirect; examination. "I do not know positively who wrote the letters," said Mr. Mansfeldt simply imagined from the nature of one of them, it being a description of her own case." This was all tbat was wanted of Professor Mansfgldt and as he left the stand Dr.

Webster waa called next- Mr. Mansfeldt, who at times had been- quite excited during tbe giving of bis testimony, took a big glass of water when he stepped down, and then took up a position against a post in a line about six feet away from Dr. (Jrowley. webstee's testimont. -Under diiect examination Dr.

Webster testified as follows: "Mr. Mansfeldt came to my office on tbe day in" question. He was covered with dirt, muu and blood. I examined him and dressed bis wounds. He had a contusion about three-quarters of an inch long on the left upper side of bis head.

On bis neck were the signs of a strong grip haviug been taken I did not see any other wound abou: aim. I would say. that the wound was capsed by contention with a slight cane, or falling against a curbstone. Judging from, examination I would say that in my opinion, a heavy cane would have produced a more serious wound. The professor was very much excited.

The marks I have stated were the only effects I The witness was then turned over to Mr. Fitzgerald for cross-examination, and to him the witness Baid: "A direct blow from a heavy cane would have inflicted a fracture of the skull in my opinion. I think the wound I examined was the result of a blow on the head with a light cane. A scratch oa the head sometimes produces quite heavy bleeding. The wound was in realty an abrasion, the surface of the head being just scratched enough to produce bleeding.

Tbe wound could have been caused by contact with a curb or sidewalk. The wound did not pass all the way through the scalp. I did not examine him beyond his head and neck. I think at the time he complained of his aide, but I am not sure he did." Mr. Fitzgerald then said "That's all," and in redirect examination Mr.

Church asked if there was much blood on Mr. Mansfeldt'a clothes. "There waa some," said vt. Webster in reply. DB.

WOOLSEY. Dr. Woolsey was next called 7 as a wit ness. He testified: "I have practiced ia Oakland seventeen or eighteen years. I was called to Mr.

Mansfeldt on the eyening of the 23d of April. I found him in bed. examined mm both that night and tbe next morning. That evening I found he waa suffering Irom considerable excitement. There were swellings and contusions of the scalp, a wound at tbe back of the neaa and contusions at tne Deck ot each ear.

He complained of pain in the side. I gave him a lotion, and the next morning examined him more carefully, cutting away tbe hair. I found a wound about three-quarters ot an inch in length on bis head. It was a scalp wound and was lacerated, but the scalp waa not bare. There was considerable discoloration and contusion about it.

The swelling that I bad seen overnight had mostly disappeared under the influence of the lotion. There was, however, swelling- at tbe back of the left ear. I examined his body and found evidence of fracture of eighth rib on the left side. Afterward Dr. Hess saw him in consultation with me, and we together saw Mr.

Mansfeldt several times from then on. Mr. Mansfeldt has remained nnder my care ever since. The last time I saw him was three or four days ago. The injuries are not per manent.

I do not know though when his aide will be well. 1 have to rely on bis own statement as regardsthe pain there is no inflammation there to show anything, though there may be a little localized pleur isy. 1 do not look for any trouble as a result The scalp wounds have healed entirely. He never had any indications of grave brain symptoms, but when he was getting up he claimed deafness, which Fasted for several days. That might have resulted irom his having concussion ot tne brain if he had been unconscious, as was claimed.

He was suffering from nervous prostration when I first saw him. 1 think the injuries were produced on his head with a blunt instrument with an angular end. They might have been produced with aii ordinary bamboo cane. It would be more likely to have been produced by a heavy cane, for the contusions extended over an area of two or three inchest This might have been pro duced, though, by a light cane being struck in anv Darticular place a number of times. as regaras tne trouDie wo ms siae, mignt have been produced by a kick, blow, hard fall or aneular instrument.

A watch car ried in the professor's pocket had the crystal broken." Objections were then raised to questions of Vr. Woolsey '3 oeiiei as to now tne injuries were caused, but were overruled, and the doctor went on. "ine injuries to the side were caused by a blow. It micht have been bv his hitting something or something hinting him. There certainly had been soma' force applied there, but what it was I cannot say." DR.

WOOtSET'8 CROSS-EXAMINATION. This ended the direct examination, and Mr. Fitzgerald started in on the cross- examination. In response to tne queries the doctor said: "The injury to the side could have resulted from a fall. I have had a cue since a man getting similar ininriea bv falling aeainst the side of a bath-tub.

The injury to hit skull could not very well have been produced from a fait unless a man were nreciDitated from a height. I do not think sacb, injuries could be produced by a iau in tne street. xoe injumw uugut neve been produced by a light bamboo cane, such aa this (holding no a light one offered by Mr. Fnzgerald), but I think, the instrument would have oeen heavier, unless such a one as thia bad been used a number of times in the same place. The wound on the head was confined to tne scalp, and I did not find it necessary to put any etitcbes in it It has healed all right The injury to the rib wae in my opinion an incomplete fracture.

It is very difficult to judge an incomplete fracture, but I could find it by the patient describing the symptoms." I could not give a definite idea as to whether the incomplete fracture was lengthwise or crosswise, but I think It wae Dr. Hew did not find the crtpitos at first bat I did afterward. I had to tely on Mr. Mansfeldt' statements aa reaarda the pain in his side tbere were no I examined Mr. Mansfeldt' shoulders, baclc and cheat.

For two or three dava he had a stiflnesi of the neck, which prevented hlin from using iL Sometimes such a stiffness is a grave symptom of danger to the brain, but in hie case it passed eft The wound on the bead was a retry severe one, taking into consideratioi le discoloration associated with it As re i Fitzgerald, in finding out about this letter? Mr. replied: "Mr. Manafeldt has said that he was borne down to tbe ground and assaulted by Dr. Crowlej. Could tnii be done without a motive? I want to show tbat Mr.

Manafeldt knew all about this letter." Judge Gibson responded: "The prosecuting witness is not on trial. No words will justify an assault, and to far as tbe law is concerned the only view in which this kind of testimony could be admitted legally would be towards showing tbe animus of the witness, or in other words attacking the veracity of the person on tbe stand. I therefore claim that this testimony can only be introduced to attack tbe credibility of the witness, and should this be done it is contrary to the spirit and letter of the law." Fitzgerald The door was opened by the counsel for prosecution for the questions I have asked. They asked their witness whether there was any difficulty previoua to the one resulting in the present charge. Judge Allen ruled as follows: "Tbe article has beeu allowed in evidence, and it can be examined in detail to show motive.

The objection is overruled." THE ORIGINAL LETTERS PRODUCED. Mr. Fitzgerald, resuming his cross- examination, asked who wrote the other letter. "I do not responded the witness. 'The one written by Mrs.

Reed was received by me in November; the other one in October." they?" asked Mr. Fitzgerald. "Judge Gibson has them," was the reply, and they were produced and handed to Mr. Fitzgerald, who in conjunction with Dr. Crowley then examined them.

The one written in October was dated October 18th, and came from San Francisco. It was in a heavily-written, black running hand. The second, dated in November, was recognized as in Mrs. Reed's writing. It was the one printed in Professor Mans-feldt'a article in Tub Tribune, as follows Protestor lfantfeJdtVmx Sib: Is there no way in which you.

can reecue your wife from tbe life she now leading? She la talked about In the clubs and pointed oat in the street as the mistress of the man who broke up your home. Mow, sir, you are in a measure to blame for this young woman's downfall yoa did not suard her auffieiently azalust cviiln- fluencea. Now, you have cast her aside and she is at the mercy of a man whose dark deeds are about to be exposed to the whole world. You no doubt thought it best to keep silent when you found your wife In this man's office: but yoa did not save your wife's good name, you only saved the man's name who ruined your borne, and now you are severely cen- surea oy tnepuouc. uaa you exposed mm in his true litrht you would have saved your wife this terrible disgrace and warned the public against a mia whose aim is Beduction.

He is admitted into respectable homes as the trusted physician; 11 the wife Is polite to him, he will very soon declare his love, use his will power on the weak patient, and then you cam imagine what follows in such cases. He has ruined the wives of men when be pretended to be their best friend; but at last they have found him out There are evidences working against him now E. If. Gibson, Special Counsel for Prose- cution. which will perhaps land him in State's prison.

wnere ne oeiongea long Detore tnis. ue is seen coming away irom your wile's rooms at all hours of the nltrut. You are in duty bound to remove your child If not your wife from such vice as this. Has your wife no friends? Where is her mother? Can not something be done to save her? If you would kill this wile outright the publto would think more of you. One of Youb Pupils.

Mr. Fitzgerald then abowed the witness the second letter, which was asfollows Mt Db ae Peofessob: I most sincerely retrret haying to Inform you of your wife's unfaithfulness. She has visited Dr. Crowley's office lor months every day. and sometimes twice a day, between the hours of 10 and 12 a.

u. and about 4 p. before and after office hours. She stayed for hours at a time with this scoundel and seaacer oi tne blackest dye. one has been tbe real cause of his separation from his noble wile.

urs. crow ley little thought when she made axompanion and friend of your wife, that she would be driven from her home and husband before one year by her. luis man is voidot an nriucinie. a selfish coward; look at his past conduct toward Dr. Woolsey, th.

man who raised hiu out of the very jaws of poverty. You. as well as every uamanaer. xaow now ne treated mm. now.

my dear mend, a (Treat many neoDle think you know all about the intimacy between your wife and this man. But they clalmthat you lack moral courage to put a stop to It on account of newspaper criticism. But I cannot believe to is to be so. hence I. as Tour friend.

concluded to give you a chance to vindicate yourself before the public it you aon expose tms man some one else ill. aa it is dangerous to have such a wolf in sheen's clothing going around among innocent peopie. ioa can soon satisfy yourself by setting a good watch over yourwue's movements at the hours above stated. You must be careful not to let this man get tbe drop on yoa. Dr.

Crowley is a sneak and as cunning as a Iax; ne nas remaraea tnat you were not smart enouah to catch him: so you want to keep this letter a secret. I will make this all clear to you when I see how you act in this matter. Hoping you will succeed, I remain youis. M. N.

P. 8. When yon are gone to Sacramento they drive out at night and dine together in San Francisco. He has been to see an attorney to heln your wire get a divorce, xou must not attempt to do tbe work- yourself. Get a men to-staDd at his office door on tbe street who will notify you aa soon aa they are in the ofnee to- JL Ml.

FUxgsrmld. Attorney tor Defense. gether. They will not go la together nor come out together. Yds must exnoee this villain.

If not you will not be performing your -duty as a father and husband, i i oca wend. WHO WHOM Hit SECOUD LETT EE? Do yon know who wrote it?" he asked. "Noslr "Will yon swear that it, Is not ia Mrs. Martha Crowley's handwriting?" the mueeraJd.) ills threats came to me through tbe mouth of his present wife. (Answer stricken out.) I am injured in ray tide to a very rerious extent; I do not know how I got that injury; I wa unconscious until the 'whole, thing was ever.

Wben Dr. Crowley Lad reached the Franklin street corner I was borne down as if a mountain bad come on he. Wben down I felt the blows raining on me, and looking up I saw him beating me. I was Iving on my side at the time. In addition to my daughter, Miss Elsie Loane was with me.

She lives in 8an Francisco; but her father does not want her to come here and testify in the Police Court After the beating stopped, my Mrs. D. D. Crowley, formerly Mrs. Hugo Mansfetdl.

daughter assisted me to my feet and we went to the soaa worts near by. men in a Gurnev cab I went to Judge Gibson's omce. and my bead was dressed in Dr. Webster's office, in the same building. He removed tbe collar (exhibiting a bloodstained collar).

Blood was streaming down both sides of my head and stained mv shirt. I was then taken home, where 1 sent for Dr. Agard, wbo could not be found, so Dr. Woolsey was obtained and Dr. Hess came later.

1 was delirious that night and was confined to my bed ten or eleven days as a result of tbe injuries. I was kept in bed bv the fever and pains in my side. CROeS-KXAMINATIOIt OF PKOF. JCASSFKLDT. This was all the prosecution wanted with the witness, so Attorney Fitzgerald started in for tbe cross-eiamjuiation.

In response to his questions, Mr.j&lansfeldt said: "I am 46 years old; I was born in Germany. I changed ray name from Hugo Yank twenty-one years ago because the boys on the street used to call after me, 'Yankee Doodle had a There is no mystery about it I did not want to have my sons treated tbe same war. Dr. Crowley struck me from six to twenty times. He struck me on the head, the neck and shoulders.

There must have been at least four blows on ray bead. Every blow be struck me was on my head as far as I know. He did not strike me on tbe side as far as I know. I think that would have Deen impossible. He may have kicked or punched me there.

I was confined to my bed from tbe day of the assault, Thursday noon, to the Saturday of the week following. I was confined to my bed for nine days. I might possibly have got up and sat in an easy chair about tbe ninth day. I did not have any other difficulty with Dr. Crowley, except in his office." "Did you write an article that was published in The Oakxakd Tribuke?" "Hold on; I object" said Attorney Church.

Mr. Manafeldt was eager to answer, but Judge Gibson objected, stating, however, that if it was desired to go into such matters, everything pertaining to that would be brought up. "There has been a good deal of difficulty and sensational comment about this matter," said Judge Gibson, "and I am willing to go into the whole affair." Tbe objection was then withdrawn and Mr. Fitzgerald resumed his crose-examiha-tion. "1 wrote the article in The Tribohe," said Mr.

Manafeldt "It was written tbe Friday before the assault. I procured 50 copies of the paper containing the article and gave away a boot 20 of them. I do not The Complaining Witness, ilanifeldL Professor Hugo call that any difficulty with Dr. Crowley. Tbe man took my wife away and i wrote no about it." The long letter written by Mr.

Mansfeldt and printed the tbibues Apni ltn was then introduced, ana placed in evidence. "1 wrote portions of the statement six months ago." said Mr. -Mansfeldt "I wrote it at the time an Examiner reporter called on me. I did not have it published then, as I wanted my wile a reputation saved, and wnen ine jcxomttaer reporter called I palmed my daughter off aa my wife to save her reputation." 'There are anonymous letter ia that article" aaid Mr. Fitsgerafd.

"Who wrote them?" "Mrs. George Reed wrote one of said Mr. Manafeldt "lobiect'laaid Mr. Church, Toe objection was overruled owing to the fact that tbe article was in evidence, I do mt know what time Mrs. Keed wrote tbe letter," resumed Mr.

Mansfeldt. "1 do not know who wrote the other leter." At tbie stage Attorney Church insisted that Tn Tribttxe article written br Mr. Mansfeldt be and the court issuing such an order, Mr. Fitzgerald read it in dramatic manner. Mansfeldt appeared to know it word for word, for he frequently corrected little slips made by the the asosTJious; UCTTSBS." The letter being finished.

Mr. Fitzgerald asked which letter Mrs." Reed wrote, and Mr, Church, objected ton the ground that the testimony was Incompetent and that A New Sensation Defeloped in the Testimony. IHO 1E0IE THE AMYEOUS LETTEBS KansfcWt's Letter to "Tto Trite" 4 Admitted In ETidencs. SIZE OF THE CASE USED FOR THE BEiTISG Coctsrs Testifj to tbe Effect of the Blows tad the Condition of the founds. AUfne WItn.tiM Kxe.pt th.

On Testify. In Kzelad.d from the Courtroom The Attorney Bring eat Testimony Concerning- the Motive for the Assault Tbe preliminary examination cf Dr. D. D. Crowley, accused of assault with a deadly weapon on Professor Hugo Mansfeldt, attracted a large crowd to the Police Court this morning.

The lobby was filled to overflowing, and within the bar every available seat was occupied, city officials being very prominent. One lady occupied a teat on the jurors' bench. There was not long to wait, for there were only a few minor cases to dispose of, and then the clerk called "People Tersus D. D. Crowley." At this.

ex-Judge E. M. Gibson, who was associated wjth Assistant Dlstiict Attorney Justice Alien. Church for the prosecution, drew up to the counsellor's desk, and Attorney R. M.

Fits- gerald accompanied by the defendant. Dr. Crowley, also appeared. Then the case began. i Attorney Church having recited the allegations in the complaint, towit, that D.

D. Crowley was charged with committing an assault with a deadly weapon on Hugo Manafeldt Attorney Fitzgerald, for the de- fendant, asked that all tbe witnesses, except the one on the witness stand, be ex- 1 eluded from the courtroom. Before this order was made, however, the names of all persons subpoenaed were called. They were as follows: i For the prosecution Hugo Manafeldt, E. H.

Woolsey, Dr. Hess, Harold Oinn, Dr. Webster, Mrs. D. D.

Crowley, Leon Wilson, A. J. McGovern. Mabel Mansteldt. J.

W. McQeorge, Viola Moore, Elsie Loane, A. KC I For the defense Oscar Manafeldt, Mrs. I Martha Crowley. The call showed that J.

W. McGeorge, Viola Moore, Elsie Loane and Frank Page were) missing from the prosecution and Mrs. Martha Crowley for the defense, the clerk stating that Mrs, Crowley had gone to San Francisco and could not be found. The witnesses were then excluded and the prosecution opened the ease by calling Professor Manafeldt. The witness came in from a side room where he was seated, and being sworn was asked by Judge Gibson to make his statement of the affair.

He said FBOrftSSOB MUSFELDT'S gTATKXXJTT. "I was walking quietly with my daughter and another young lady to get my lunch at the Louisville restaurant. had left my house on Alice street at 12:45. We walked down Alice to Ninth and then turned toward Broadway. On crossing FrtBklin street I suddenly felt myself borne down and then I felt heavy blows raining on me from a big suck that eemed a dub.

People rushed ont from adjacent TU Defendant Dr. D. D. OowUy. houses and then the man who was beating me stopped and.

walked 1 did not see him before the assault tu made, but oa rising i saw that my assailant was Dr. Crowlej Dr. D. D. Crowley Dr.

Dennis Crowley. At that time Dr. Crowley was residing opposite my residence on Alice ire." Under examination from Judge Gibson Jlr. Manafeldt said: "I think he gava trie tlx cr ht blows. I do got know how he Tbe Possibility Tbat a Proper Play-bouse Will BoConatrncted Here.

A. S. Macdonald of the firm of J. H. Macdonald Ss Co.

said today that The Tribute article yesterday in relation to the possibility that Joseph MaoDonough may build a fine theater in Oakland contains all the facts that can now be given to the public. "Mr. MacDonough has two lots, oae at the corner of Fourteenth street and Broadway and one at tbe corner of Washington and Thirteenth streets, either of which is suitable for a theater. Mr MacDohongh is considering the matter. That is all that can now be It is believed that Mr.

MaoDonougn win conclude to erect a first-class theater. A BROKEN WIRE. A Trolley Wheel Caught In a "Wire) of the Electric Motor Road. Last evening a tiolley wheel on a ear of the Oakland Berkeley Rapid Transit. Company caught in the trolley wire at a curve at the corner of Forty-seventh and Grove streets and broke tbe wire.

Tbe cars of the road were stopped for about fifteen minutes until the break was repaired. "Was there any damage from the electricity in the broken" wire," asked a reporter of J. E. McElrath. "There could be none," he replied, "the current waa broken wben the wire waa broken.

Any one might have bandied the ends of tbe wire without the slightest in FOOTE'S GENEROSITY. The Attorney Gives a Fee to Young Robert cGreggor. James A. Johnson. A.

A. west. A. Jrnok, J. W.

Tompkins. A. Wilson, Hiram Tnbbs, C. T. dole.

Dr. Rogers, H. C. Ewing, C. L.

Banks. Will H. Burrall, W. Stevenson. Mr.

Church referred to the dispute with which the morning session ended and he question of authorities was called for. Mr. Fitzgerald continued his objections on the ground of irreieveacy and incompetency, whereupon udge Gibson took the floor. He referred the charge against the defendant and said tbat if an assault had been committed the ques tion was whether or not the weapon usea was deadly. "We have not the weapon," he said.

"For aught we know the defendant has secreted it Wben a bss a bullet hole through him an inference can be drawn from that. In tbe case of a man injured we want to be sure of tbe nature of tbe power to do damage of the instrument with which the injury is inflicted. We therefore claim the right to show an opinion of the nature and power of the instrument so used. How else can we show it?" Judge Allen There is no doubt that you have a right to show what tbe injury is in flicted with, but expert testimony cannot re given on tne mam tact at issue, as i said this morning, the doctor is, by your question, plsoed in the atatus of a juror and that certainly cannot be allowed. Judge Gibson insisted however on his right to ask the hypothetical question, Mr.

Church backed him up. Judge Allen continued however, by reading State Supreme Court decisions. Mr. Church All we ask is a hypothetical question as to whether the instrument tne doctor thinks was used on Mr. Mansfeldt could be used so as to cause death and how far it would have to be used to cause deatb.

Mr. Fitzgerald said that almost anything ean be called deadly when its strongest possible sense is considered. How does that, though, determine the character of an instrument and that is the all-important question at issue? The answer to tbe question asked by the defense would not aid the court. Mr. Church Counsel for the defense must remember tbat this is only a preliminary examination, and tbat the defendant is not on tnaL We therefore claim that this testimony is for the purpose of showing the court tbe circumstances which will show that any felony has been committed on the person of Hugo Mansfeldt Mr.

Fitzgerald The prosecution will have to show that this is a felonious assault and not a simple assault. Mr. Church It is not necessary that deadly weapons should be used to constitute a felony. The court The objection ia sustained. THE INJURY MIGHT CAC8E DEATH.

Resuming the re-direct examination Mr. Church drew from Dr. Woolsey the following statement: "The injuries received by Mr. Manafeldt were of a nature that might possibly have caused death. I have here a facsimile of the Incomplete fracture of Mr.

Manafeldt's rib i (and here the doctor produced a strip Illustrating what he waa explaining.) Tbe injury thus received ia of a nature that might cause death." KecroBS-examinauon by ilr. Fitzgerald resulted in Dr. Woolsey stating: "Tbe probabil ity is uonrn, tnat it would not cause aaain. Other troablea resulting from this might cause aeatn; it is not probable tnoagn tnat this particular injury would cause death." DR. HESS.

Dr. Hess waa the next witness, tie aaid: "I attended Mr. Mansfeldt oa the third day alter the assault. I waa in consulta tion with Dr. Woolsey.

I found a wound on the beck part of Mr. Manafeldt's head. It was from half an Inch to three-quarters of an inch long. The surroundings were braised. There waa a eontnsed nlace on tha rtect nart oi nis neck.

I examined bis left side and found it bruised and discolored a little. He seemed to be tender to the touch. I examined his side twice that day and tbe next. I think the wound on the bead waa produced by some blant instrmment. I think the injuries to his aeck and aide were caused by coming in contact with something.

They might have been produced by a boot, a fist or a heavy cane." Cross-examlnfUion then ensued aad Dr. Hess stated: "A bamboo cane, such aa this I refer ring to a small oae held by tbe counsel) might produce the injuries named. Tbe injuries would have been mere liable to be produced oy a blowora fall. -There waa not much swellinr on the head and neck wben I examined it It was on tbe 24th when I first saw Mr. Msnsfeldt.

I did not find any erenitos on the The only Indication was tbe discoloration on the side. The loinrr on tbe head went to the scalp. bat not the skulL Unless tbe man struck waa wearing a a- severe blow with a heavy suck would be liable to make a more severe cat than tbe one I saw. The eut was a quarter of an iseb wide. oo not call Friends of the Robert who wae acquitted of the charge of the murder of Brakeman SamueJs, together made np a parse of $200 which they divided between W.

W. Foote andR.M. Fitzgerald, the attorneys who defended him without expectation of reward. Mr. Foote immediately endorsed his check over to the favor of young McGreggor and told him to use the money to help to start him in -rThe money.

$200, was raised principally among the pa'trona of Hallahan a restaur- an t.aince the trial The Grand JTu rer and the Prison.1 Ex-Grand Juror Jamei Qulnlaa. one of the body thai madV eritized the City Prison, -sampled accommodation last algbt for'hw was arrested last evening for draakues- He was unable to furnish ball so he par red; the night in a cell, and this morning was on tha bench in" tbe Police Court He pleaded not guilt on being arraigned, aad hla trial waa. aet for Monday. IAPledeBoii: Property aaAaetioa. William i.

Dingee is conduct! ng this after noon a big auction sale of property at Piedmont.