ELMER SCHMIDT WAS KILLED.

Several of His Companions Give Their Testimony.

Officer W. P. Rutherford on Trial for Having Shot Elmer Schmidt While Escaping.

The trial of Police Officer William P. Rutherford, indicted by the Grand Jury for manslaughter in killing Elmer Schmidt on the 2Sth of May, 1854, was begun in Department Two of the Superior Court yesterday, Judge Hinkson presiding. The following jurors were selected to try the case: W. A. Steadman, H. C. ' hip-nan, Henry Schulmeyer, A. H. l'oote, J. B. Deseve, J. T. Fair bairn, G. F. Whitteubrock. Joseph E. Jackson, William Mitchell, George ft*. Hack, T. C. Churchman and J. D. Lockhart.

District Attorney Kay is conducting the prosecution, and C. T. Jones is defending Rutherford.

On the night of the killing a young man reported to the police that he had been robbed by four or live young men. officer Rutherford was detailed to work on the case, and during his search for the footpad he ran across Schmidt and three or four other young men. He stopped them near Second and M streets, and stopped them, thinking that possibly they might have been the persons who committed the robbery. When the officer was about to search Schmidt the latter insisted that Rutherford should not do so. Rutherford said he would arrest him, then Schmidt said he would not let him, and ran away. The officer called on Schmidt to stop, and as he did not heed his command, Rutherford fired in the direction of the fleeing man. Shortly afterward Schmidt's dead body was found in the alley, between L and M streets.

The first witness for the prosecution was a colored youth named Charles P. Cook. He testified that on the night of the killing, he in company with the deceased and some other young men, were at Second and M streets, on their way home. Rutherford came up and began searching them. Schmidt said he would not allow the officer to search him and started to run away, with Rutherford after him. Just as he started to run away he said to Rutherford, "You don't get me, this time!" When Schmidt got near the entrance of the alley Rutherford fired. John Gallagher, who was with Schmidt and the other young men, gave similar testimony to that of Cook. W. P. Lang, a member of the Salvation Army and a special officer, testified that he heard Rutherford call on Schmidt to stop. Schmidt did not do so, and Rutherford fired.

After the deceased's mother, Mrs. Emma Schmidt, testified that her boy was employed in the railroad shops at the time he was killed, the prosecution announced that it had closed its case. A recess was then taken until 10 o'clock this morning, when the defense will put in its. (Sacramento Daily Union 6/4/1895)