Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-08-24

pardon, while Mr.. Brooks said if the question
of pardon or death of Sprague on the gal
lows had been presented TO the petitioners,
500 out of $40 would have signed the petition
in his belief. Mr. Raymond asked if the
integrity of the petition was attacked or the
method of its circulation, and Mr.. Williams
replied that the integrity of the signers was
not attacked, that they were honorable peo-
pie, and he did not question the methods en-
ployed by Mr.. Brooks in soliciting for the
signatures. He believed he had acted openly
and fairly in the matter, but he differed from
Mr. Brooks as to the purpose of the sigpers.
tie did not believe the signers intended to
ask for
sPRAGuK's PARDON.
Most of them expected communication, and
many had told him they would not sign for
full pardon. Mr.. Brooks said he was posi-
tive as to his understanding Of the sentiment
of the people of Ventura county as already
expressed. Out of some 5,0oG total popula.
tion in the county he had on the petition
over 500 voters. He had found but 81 men
who declined to sign it.
During the debate incident to the consider.
alton OF the petitions and the letter of Judge
Hines, the question of the opinion of Detec-
tive Hall, who worked up the case against
Sprague, was brought up, and while Mr..
Raymond ayerred that he was willing to
leave the whole question to Hall "Shall
Sprague be hanged or set free, Mr. Hart and
MIR. Williams as strenuously held that Mr.
Hall supported their view of the case. Mr..
Hall was presen. during part of this debate.
THE cURLEE CASE.
The debate then foated back to the Curlee
case. and Mr.. Raymond warmly insi ,ted that
the testimony ia that case was stronger than
In the Sprsgue case, aud yet Curlee had been
granted new trial and the prosecution dis
missed against him because, as the record
shows, there was not sufficient evidence Oh
tainable to convict him, and the prosecution
stated in the record that it could not supply
the place made vacant by the smashed-out
testimony that was crushed by the decision
of the Supreme Court. He insisted
also that the testimony in the Churchill case
was twofold as strong as that in the Sprague
case. He attacked the testimony of the wit.
ness Brown, read from the decision of the
Supreme Court regarding it, and claimed
that that showed 1t to be utterly worthless,
and that now no man in all Ventura gave il
the slightest credence. He attacked also the
testimony of Jones, and gave the history of
his recanting. He declared that If Sprague
is executed he shall make it his business to
hunt up Jones and have him prosecuted to
the bitter end for the murder of More. He
reviewed the testimony of Oliyas and
Ramirez, charging that their testimony
at the killing of More was absolutely false.
The Grand Jury ignored the charge of per.
jury against Jones and thus decided that his
testimony in the Churchill case was true
wherein he recanted All the other defend
ants have been set at liberty, but the prosecu-
tion insist upon Sprague being hanged, when
the same testimony which would not hold the
alleged conspirators should, if Sprague is
guilty, have convicted them. Sprague's peo-
pie are poor and have no money Couns.
serve them without recompense, and have
paid out vastly more than they have received.
But the prosecution had bounded every one at
all connected with the defense. Those who
seek for blood had even attacked the fair fame
Of Spragues daughter. Nobler evidences of
devotion he had never seen than that dis
played by those two girls for their unfortunate
father. By members of his family Sprague
HAD PROVEN AN ALIBI.
But the testimony of members of his familv
had of course been under cloud, as is ;.4-
ways the case under such circumstances. He
entered upon an analysis of the sentiments of
the people on the Sespe and in Santa Barbara
county, declaring that if Sprague is set free
there is no danger of riot in the one place, or
if executed, of bloodshed in the other. He
declare the people of Ventura tn be 1.-THE
People in this case, and that counsel for de-
fense really appeared for The People," the
people who make Governors and Judges, and
from whom all power is derived. He had
never asked for Sprague to be pardoned, had
not got up the petitions; they were the work
of others. All he had asked, as he begged at
the door of the Judiciary, was for q chance to
show the mans innocence and bring the real
criminals to light. Respite Sprague for two
years and he believed they would come very
near to showing up the true assassins.
Williams-You have had three years.
Haymond-Yes, and what have we not
with wealth and power against
u.s. Six of the seven defendants discharged
and the sentiment of the people changed toone
OF friendship for Sprague. The Constitution
Ssrague trial according to due
process of law. 1t has not been according to
due process. There is error in the record and
sufficient to give Sprague a new tlial. MIR.
Raymond again referred to the petitions, and
Governor Perkins told him he had affidavit
many signatures were had by un-
due influence. Mr.. Brooks warmly denied
the charge, and asked to have an inspection
Of the affidavits and letters and the Governor
passed them to him. MIR. Hart asked if
many did not sign the petitions on the ground
that Sprague was justified in killing More,
said he had found many in Ventura holding
to that theory. Mr.. Williams said he didn't
believe ten of the petitioners favored par
don. Mr.. Brooks replied that all who favored
committing the sentence had so written oppo-
site their names.
REVIEWING THE CASE.
Mr.. Raymond, at the conclusion of
lengthy debate over the petitions, took up the
published decision Of the Supreme Court in
the Curlee case and read it and analyzed tie
opinion of the Court, and pointed out what
he claimed to be the similarity Of the points
reserved in that case and in the case of
Sprague, and held that the Sup enc Court
would have made the same ruling in the
latter case. He read also from an opinion of
Judge Temple, who sentenced Sprague, claim
ing that Judge had found error in Judge
Fawcetts record, and that Judge Temples
holding was the first gleam of justice he had
got in the case, and that it proved the bill of
exceptions had been purposely killed off by
the certificate of Judge Fawcett, who falsely
certified that the bill was made up of all the
notes of the reporter, and of side bar re-
marks, and was not a correct bill. He called
c. N. Post, who was sworn by the Governor
and testified that he aided MIR. Raymond in
making the bill of exceptions. They sent to
Ventura for the transcript OF testimony, and
had only from Friday noon till Sunday morn
ing in which to do the whole work. They
went through the 1,200 or 800 pages and
struck out the testimony not needed to go up
to elucidate the exceptions. and then sent
the package back to the Clerk of Ventura to
be filed in time. Since then witness had
gone over the papers again, and had them now
before him. He found over 400 erasures
which he and Mr.. Raymond had made in
making up the bill, and recognized most if
not all of them. In that condition the bill
had been sent back to the Clerk of Ventura.
Mr.. Williams-The Clerk denies it, and
believe will testify that it was not SO received.
Mr.. Haymond-Then he lies, and whoever
stands behind him in it lies. l know what
say. l know made the erasures. / know
it is almost the uniform way of preparing
bills. Mr.. Hart knows it, too he had like
case.
Mr.. Hart-Yes, before Judge Keyser. He
refused to settle bill so prepared and 1
forced him to do it.
Mr.. Bishop said it was not the practice in
San Francisco.
Mr.. Raymond replied that he had prac-
ticed long before Mr.. Bishop, and knew it to
be the correct and better practice. By that
practice all the testimony is before the Judge
and he can see what is stricken out and what
its irrelevancy was.
JUDGE FAwcETT ATTACKED.
Mr.. Raymond then entered into an ex-
planation of how it was his time ran cut be-
fore the bill was settled, and how Judge Faw-
cett took advantage OF it and barred his pro-
gress by it. He declared Judge Fawcett's
certificate false, and unfouiy false, and con-