Murray

— The defendant was convicted of robbery, and appeals from the judgment, and from an order denying a new trial. He was charged with taking, forcibly and feloniously, from one Henry Braker, a certain watch and chain of the value of thirty dollars. The only witnesses on the part of the prosecution were the prosecuting witness, Braker, and two policemen, who arrested the defendant. Braker testified that on the night between November 9 and 10, 1889, he was sleeping in an old cabin (which had been part of the sleeping apartment of a boat), at the foot of Kearny Street, San Francisco; that one Lewis had come into the cabin early in the evening, and had gone to sleep; that about two o’clock in the morning the defendant and one Kenny came into the cabin, and forcibly took from him the watch and chain, and also a knife. (Kenny and Lewis were informed against jointly with defendant.) The policemen testified that they arrested the defendant shortly afterwards, and found on his person the watch and chain, as described by Braker. This was substantially all the evidence for the prosecution.

On the part of the defense, the defendant, and. Kenny and Lewis, and also a witness named Hamilton (not…