Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-08-21

sders of moment, and adds that Sprsgue may have
withheld the name of Hunt, he was the most in.
teiligent aad influential of the band,' and who had
exacted the solemn oath Of secrecy or Sprague may
have thought Hunt was Swanson, as the two are
OF ike size and form, and all came masked and dis
guised and continued so till they parted. But
Jones subsequently talked with Hunt about the
fear Of disclosure, and Hunt told him he feared
the blabbiug Sprague most" and during the
melee Jones was Hunt and saw him shoot the
flying victim with his Henry rife, and from near
the spot where the Henry shell was found next
morning. Save as to this matter. Jones' story
agreed with the others as to the killing OF More.
As to all the particulars OF the conspiracy to effect
the arson and killing, the statements of the three
who had no previous understanding, "eoncurred
in an astonishing manner" and correspond with the
physical facts and circumstances surrounding the
muruer.
THE TRIALS.
The examination of the defendants resulted in the
discharge of H. Cook and J. A. Swanson, and the
holding in their stead of Chas McCart and W. H.
Hunt who had meanwhile been arrested as accom-.
pces. The other five were held also to answer The
June following the Grand Jury indicted these men.
In the July term of the District Court they
raigned and demandt separate trials. The citizens
on the assessment roll Of Ventura then numbered
but $50 majority Of whom could be challenged
for cause, and 120 peremptorily by the six defend
ants, the seventh being used States witness, and
being discharged from the Indictment. The case
had wide newspaper notoriety. Some Of the commu-
nifty openly declared the murder OF More justifable,
worked for and aided the defense, and as a conse-
quence, after the first two trials, Mr.. Granger says
the jury material was really exhausted in his
county. Mr.. Granger adds very warmly that it is
his solemn belief tina. ajority of the good people
OF the county stand with the prosecution and be-
eve in the guilt Of Sprague, and the others charged
as conspirators, and Tat the Spanish American
population Of the whole popuation-are
to man in favor Of the prosecution. These state
ments serve to throw light upon the atmosphere in
Ventura county surrounding the case.
THE TRIAL OF sPRAGUE.
When sprague's case was called he asked for
continuance because OF the absence of Frank
Davis, by whom he expected to prove Sprague was
not out OF his house the night Of the murder. The
motion was resisted and refused. For the defend
ant there appeared as counsel J. D. Fay, Creed
Raymond and w. W. Allen, from abroad, and J. ID.
Hines, J. NJ. Brooks and NC Bledsoe. For the
State there appeared l. C. Granger acting Dis riet
Attorney, ]. C. Howard, Frank Ganahl, W. 7. Will
Jams, B. T. Williams and n. Blackstock. The jurors
were \. D. Baker, G. W. Falkner, W. II. Arundel,
]. II. McCluteher, David Mckee, N. J. Lawrent, W.
S. Mahan, N. Prince A. W. Alyord, J. J. Sheridan
C. X. Truesdal and R. NJ Haydock. The oder
adopted by the State for the introduction OF the
class by whom the crcumstantial evidence
surrounding the corpus deficit could be
given in minutest details second, that class
of witnesses cognLant Of all the positive evil
dence relating to the crime connecting the defend
ant Herewith positively third that class Of witnesses
possessed Of the knowledge Of the facts Of a corrob
orative nature in their relation to the positive evil
dence. Defense sought to cast reasonable doubt
on the credibility Of the States witnesses Of the
positive evidence, but made no attempt, says Mr..
Granger, to show tina. any positive fact stated by
witness was ncs sistent with any one of the ply
sica facts attending the murder. The theory Of the
defense at first, that
-FOUR MEN
In linen busters were the murierers who we're SET
on the road, in wagon, near More's place the day
Of the murder. A woman testified that her children
said she looked at them drive by that of the
party lady. The State proved these four per-
sons to be Mr. Taylor and wife, Mr. Scott and wife,
travellers going to some oil works on the Sespe in
which they Financially interested The defense
proved that wagon drove through Santa Paula late
that night and the State proved that it contained
party Of men and women returning from a ball at
wheelers canyon. All the families in the Sespe
settlement could give satisfactory accounts OF their
whereabouts that night by the testimony of others
than their own families, except the seven men
charged with the murder. The defense attacked the
testimony OF Hickerson, then deceased, but, Gran
ger holds, unsuccessfully did so, and vouches for
Hickersons good character and standing, and his
good repute in church, Masonic Lodge aud commu-
nifty. Defense held Hickerson should have disclosed
his knowledge to the Grand Jury in the case of Nc
Cart and failure to do so put blush his subse-
quent statement. Mr.. Granger holds that the state
ment Of Sprague to Hickerson could not have been
used against McCart, as the statement of Cocoon
sprator after the accomplishment Of the object of
the conspiracy cannot be used. Beside, Kicker
sons explanation who he did not dvulge ample
Defense claimed Hiekersons mental state was weak
imbecile when he made his statement, school
teacher testfyng, who knew him, that his mental
powers failed under his illness, but he had
then been taking morphine. minister
testified that Hickerson rambed in his conversation
ten days before he gave his deposition. But that
disputation of sectarian subjects
and lasted two hours, which Mr.. Ganahl said was
enough to drive any sane man crazy. The State
proved, says Mr.. Granger, the soundness OF Kicker
sons mind, and that his reasoning faculties were
clear up to the hour of his DEATH Jones veracity
was attacked by relatives, who his reputation
for truth bad, and the State showed that prior
to his arrest for the murder it was good. Four of
the defendants deniel the stand the truth of
Jones, Brown and Hickerson's statements, and the
son and daughter of Sprague were introduced to
prove an alibi. The testimony taken down covered
l ,25s pages of legal cap. Sprague was found
GUILTY OF MURDER IN THE FIRST DEGREE.
Churchill was next to be tried, but or feigned
to be i'll. and Curlee put trial The prosecu-
ton claimed his illness to be simulated and believes
that had he been then put on trial he would also
have been convicted Curlee asked for continu-
ance to get one Ferral to prove that he and Curee
the night of the murder stayed at Pole Canyon, but
the State filed counter aidavts showing that Ferral
left the State for Texas days before the night OF the
murder. The prosecution introduced the same evil
dence except the deposition of Hickerson. That
could only be used against Sprague for al
ready stated. Curlee was found guilty, and the
jury fixed the penalty at Imprisonment for 'ife
Lord was next tried, and the evidence supple
mented by proof of Lords visit to the More sheep.
shearing camp the latter part Of the day Of the
night of the murder, and to his strange conduct
the day prior to and the day after the murder MIR.
Granger enlarges upon his belief Of the guilt of
Lord, but says he was saved by his neighbor Kin
ney who swore he was up till A M. that night
and saw Lord and Hunt together talking, and that
they could not have ridden from More's place in
time after the murder to reach the place where he
saw them. The State was not then prepared to i'm
peach Kinney, but at a subsequent trial proved by
o. L. Abbott, reputable citizen, that Kinney told
him that he did not rise go out Of his house that
night till A. NJ. A. P. More and Laurence More
swore to the came statements made by Kinney.
The jury disagreed 1t was now the middle of Au-
gust, and the Court adjourned for the term.
THE STATES WITNESS.
Jones, as States witness, was kept as an INDECENT
witness at county expense, and was allowed By
Court per diem of 81 80. His father-in- law shut
off communication between Jones and his young
wife heeaIlse he had hetrayed his copfa,jaratas