Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-12-23
THE BIGAMY CASE.
Continuation of the Examination Yester-
day-Testimony for Defense.

before Judge benson yesterday morning, at
10 o'clock, in the east session-room OF the
Courthouse. The Courtroom was crowded
with spectators, and great deal of interest
was manifested in the case as it progressed.
The first witness called was J. FL. Parnell
Deputy County Clerk, who produced the aft
davit made by defendant at the time he pro-
cured the license for his marriage to Emma
Hack on the 9TH day of August, 1880. He
testified that it was the affidavit of Mr..
Landes, and bore his signature.
County Superintendent Charles b. Bishop
was placed upon the stand and exhibited
three orders from School Trustees to the Su-
perintendent which were countersigned by
defendant He swore to the signatures as
! those of MIR. Landes.
Professor E. G. Atkinson of the Sacra-
mento Business College was called as an ex-
pert. He was shown the album of Miss
Jennie Cowen, in which it was admitted by
the defendant that he wrote the verse hereto
fore published yesterday addressed to ''Sister
Jennie" He was also handed the affidavit
from the Clerks office and the orders from the
School Trustees, and asked TO compare them
with the several letters which the prosecu-
ton presented as the letters of defendant.
Some Of these letters were written from
Antelope to Mrs. Julia a. Finn, prior
to the purported marriage, and others from
Woodland, being those which have been
heretofore referred to in the testimony as
written by the defendant and addressed to
Alice IL. Townsend, but for her sister Julia,
and in which she is addressed as " Dear
wife, ''My dearest Julia" g Dear wife
julia" etc. A portion of them are signed,
George" others Husband" and one is
closed with "Your husband. l guess you
know who that is?''
After careful inspection of these and COM
parison with the proved signatures of Mr..
Landes, he testified that, in his opinion, they
were written by the same person. The
marriage certificate, given by defendant to
Julia as evidence of their marriage, was also
examined by witness, and, in his opinion, was
in the same handwriting as all the other
papers.
Mary L. Townsend testified that she is
sister of Julia A. Landes. When they and
their other sisters were living together be-
tween the latter part Of 1879 and August last,
Julia kept house for them, and Landes
frequently called to see her during that time
Has heard him call her "wife." He stopped
there with Julia over night two nights, to her
knowledge. 1t was before he went away in
August this year.
Cross xamination-Supposed Mr.. Landes
called Julia " wife because they were mar
him call her several times. She knew
they were engaged long before they were
married. He stayed with Julia the night
before the day he married Miss Hack. Wit
ness was at the house and stayed thatnight and
knew that defendant stayed with Mrs. Landes
as her husband all night. She went into their
room next morning before they were up.
They were occupying the same sleeping apart
ment. Her little niece Mrs. Firms little
crirn HraSO ho ha1 nd Nv
Landes took it in his arms and laughed.
Witness thought nothing of the occurrence
of their being thus together, as they were
husband and wife, and she had no
idea this trouble was going to come up.
She knew of his staying one other night
with her all night. Was there when they
went to their room, and saw him come to the
breakfast table the next morning.
Reexamination-Afrs. Laudes' little girl
by her former husband is two years old.
Her name is Iva. The name of her little
boy, which was born last October, is George
Emmett Landes.
Frank Miller was sworn as an expert. He
examined the signatures and papers above
named, and stated that as to the letters he
was satisfied they were written by the same
hand as that in the album and the signatures
on the affidavit and orders. He gave quite
an extended statement as to the similarities
in the formation of the capital letters, the
slopes and standings of the extended
From all these he formed his conclusion
AS to the marriage certificate purported to
have been given by G.. +. Foster, he was of
opinion that the writing with which the
blank was filed in was all written by the
same hand, together with the purported
official signature and witness names to it.
They may have been written by Mr.. Landes,
but he should think not, taking the writing in
the album as basis. The name @. Z. Landes
looks like the same written in his signature,
but taken as whole it looks more like a
womans hand.
Gross. examined-He believed signatures
could be forged so that the forgery could rot
be detected, but it is much less difficult to
determine as to commences when there is
more writing by the same hand, as in letters.
The letters, album and papers under con-
sideration were then placed in evidence, after
which the counsel for the prosecution an
nounced the close of their case.
THE DEFENSE.
The counsel for defense then moved the
discharge of the defendant upon the ground,
first, that if the woman calling herself Mrs.
Lsndes, and prosecuting this case, is his wife,
her testimony could not be received without
consent of her husband, and without her tes-
the so-called marriage; and second, that no
crime has been committed by the defendant
under the statute defining bigamy; that 10
order to come within the law upon that sub
ject he must have been actually and legally
married to another woman at the time he was
married to Miss Hack. He produced numer-
GUS authorities to show that such a relation
did not exist
The case was argued also by the counsel fer
| ID 6
lions of the Code and authorities were cited
The Judge overruled the motion to dis
charge, and stated that he would hear all the
testimony there was to offer in the-csse, and
then take sufficient time to fully examine the
testimony and law upon the subject.
2. L. Coy was then called for the defense,
and testified that he kept the Telegraph Liv-
cry Stable in 1879. and that Mr.. Landes had
frequently got horse and buggy there, but
he could not remember anything about what
time of day he got them or come back with
them.
Robert Williams, teacher in the Brothers
College, corner of K and Twelfth streets,
testified that he knew Mr. Landes as a
student in the Institute during the latter part
of 1879 and the first part of 1880, but could
not tell what hours Mr.. Landes was there, as
he was not in his class.
S. G Foster testified that in 1879 he was a
justice OF the teace at brighton, and That ne
was the only Justice by that name in the
county. He was shown the certificate of
marriage signed G. F. Foster, and said he
never saw it before and knew nothing about
it. except what he had seen in the papers.
The initials were not the same as his He
had no such marriage blanks. He knows the
defendant, has for several years, and he did
not call at his house in 1879.
Arthur II. O'Neill, John F. Webster,
George +. Shields and A. Scheld, were called
as witnesses to show the whereabouts of Mr..
Landes during the period it is stated in the
testimony on the part of the prosecution that
he was frequently calling in the day time
at the house where Julia lived. They
testified that they were students at the
Brothers College from December, 1879,
until the end of the term, in
May last, and that Mr.. Landes was
member of the same class during that time.
They were expected to be there by half past
in the morning, but if not until 9 nothing
was said They had noon recess from IL
until L, and then the class Mr.. Landes was
In got through at half-past 2. Mr.. Landes
did not remain to catechism, which was heard
afterwards. Some of the students remain at
the college during the regular hours, and
others study at home and come there to re-
cite. They thought MIR. Landes was gener-
ally present and regular, but might have been
absent sometimes