People v. Whitelaw

HALL, J.

Defendant, Bernard Whitelaw, was jointly charged with Michael Nolan, John Davis and Docia Nolan with the crime of robbery, committed upon one Emma. Mathews.

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Upon the trial of the defendant Whitelaw he was convicted of the crime as charged, and this appeal is from the judgment and the order denying his motion for a new trial.

.The only points relied on for a reversal concern certain rulings of the court in admitting certain evidence over the-objections and exceptions of defendant, and are utterly without merit.

The salient facts of the case, as disclosed by the evidence,, are as follows:

In the month of March, 1903, Mrs. Emma Mathews resided at 543 Haight street in the city and county of San Francisco, with her son, aged thirteen years, her daughter, Mrs. Ida Tuttle, and her daughter’s daughter, aged twelve years.

A witness for the people, Euby Grills, testified that she-heard defendant Docia Nolan say to the other three defendants, in front of a restaurant, on the evening of March 1, 1903, “I know an old woman out here who has two or three-thousand dollars and some diamonds. Her husband died a short time ago, and it would be easy to get, and the best time would be when the children are at school. The same-witness also saw the three defendants, Whitelaw, Davis and Michael Nolan, together leave the premises, 413 O’Farrell, street, where she and some at least of the defendants resided,, on the forenoon of March 2, 1903.

Mrs. Ida Tuttle testified that on March 1, 1903, she resided with her mother, Mrs. Emma Mathews, her mother’s-little boy, and her own little girl, at 543 Haight street. That on the second day of March, 1903, she came down town about 11 o’clock to see Mr. Johnson, a real estate dealer, whose office was at Turk and Market streets, looked at a house in the Mission and visited other places, and started home between half-past 12. and 1 o’clock, taking Haight street car on Market street; while going out Market street she saw the defendant Whitelaw looking at her. He was. standing on the rear platform of the ear. She got off the car at Haight and Fillmore streets, passing said defendant on the platform in doing so, and went to her home. She had just taken off her hat when the door bell rang. She-opened the doór and found appellant at the door. He asked if Mrs. Tuttle was in, and she answered, “I am Mrs. Tuttle.” He then informed her that he had a lodging-house to sell, gave the location, price, number of rooms, etc., and in