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

claimed that the evidence is inadmssible when the
/ man is dead You cannot call him on the stand to
! Ia. tie foundation for its introduction. 1t was
ruled out. Since Hickerson's death lawyer in
Santa Barbara brought suit against the Iores fer
| fees and moneys expended, ard among other items
in the bill of particulars was g. 200 for procuring
| Hic,lersons deposition.
R.-Upon what grounds do you base your appeal
to the Governor?
H-First upon the ground that this man never
has had trial IN accordance with the laws OF the
land. for by the judgment of District Judge one
OF the first in the State it is conclusiyey shown tl
the record was faisified and the appeal prevented
refer to Judge Temples judgment
! Rid you attempt to APP cal upon that luos-
meut?
| H.-Yes.
| R.-And the Supreme Court held what
| H.-The Supreme Court held that upon an appeal
from an order sentencing man the merits OF the
case could not be gone into
| R.-What occasion had Judge Temple to make
that finding when he there simply to sentence
him?
| Hon the motion in arrest Of judgment We in
troduced proof, and Judge Temple held that he
could not consider the matter, but would certify
presented was not what Judge Fawcett had certified
them to be, and give us the benefit Of that.
ANOTHER GROUND.
R-You have given the first ground of your ap
plication to the Governor, what is the second:
H-Second that the Judge below instructed the
jury that Brown was not an accomplice, and that
his testimony entitled TO full credit, while in
the Curee the Supreme Court said that was not
the case; that the jury were the sole judges OF
whether he was an accomplish not, and that they
| should have been instructed that il he was they
could not convict upon his evidence. Brown had
testified to matters very material. He testified to
statements OF Sprague before the homicide, and to
facts that the Supreme Court held showed very
| strongly that he was an accomplce.
R-What has become Of Brown?
H. Brown Is in the country some place. But his
| testimony was almost completely broken down.
R.-Did you impeach him?
H-Yes His testimony was completely broken
down, because we showed that he had sold worth
less ranch to man who resided in San Francisco.
and whom he had never seen, for g, 900, and we
finally, on the subsequent trials, were enabled to
trace the money directly to the Mores.
R.-That casts suspicion on his testimony?
H-Yes His testimony WAS broken down No
man hardly would speak to him on the street; it
became so evident that his testimony had been
bought and was fabricated. Third-Upon the
ground that the testimony of Jesse N. Jones' which
went to the full clse, was admittedly false.
R.-You then propose to introduce before the
| Governor that sealed paper?
H-Ves | propose to introduce before the
| Governor
THE REPORTERS NOTES
On the trial Of Sprsgue and the reporters notes on
the trial OF Curlee to show that the testimony was
the same and also the reporters notes of the trial
of Churchill, when he was acquitted, to show that
the evidence was the same with the exception that
then Jones had made full admission. We
will introduce Judge Temples opinion to show
that in his judgment the Governor of the
State should grant pardon where by any
| act or conduct Of the Judge the defendant
had been prevented from having fair trial and
fair hearing in the Supreme Court, provided that
conduct was such could not be reached in Court
OF justice, which, ne said, often the case. That
| opinion we have. Now there is another singular
thing connected with this Not one OF the de-
tectves who were there and worked up the case was
| ever called as witness by the prosecution. And
Mr.. Hall, who is at the head Of the Detective Blu
reau in San Francisco, and who made all OF the
arrests and worked up the case, las written to me,
and the letter is file with the Governor, in
which he says that this man ought not to be execu.
ted and that he is prepared to do all in his power to
| prevent i,-not assigning any reasons for it-but
saying that whatever service he render to pre-
vent the execution, he feels bound 10 do.
THE QUESTION OF DOUBT.
R.-Do you propose to make the point before the
Governor also that this is proper for Executive
interference because there is doubt of the mans
guilt?
H.--Not upon that point.
R.-You do not propose to do that
H-No sir The main grounds OF the application
are that the testimony was perjured, and that all
the other defendants'have been either acquitted
the prosecution agrees that there is not enough evil
denee even to hold them for t-ial.
R.-Nonc of the other defendants have been pun
ished
H-None except Curiee, who was in the State
Prison for time, but he is now discharged.
R.-what time is the Governor to hear the mat
| ter?
H-Next Wednesday THE date has been
changed to Monday.-Rep.l
R.-You propose to have an oral hearing before
| him?
| H.-Yes
R-Do you know anything concerning Sprasue's
recent statement whsre he refers to
thousand dollars for his testimony against himf
H.-No, sir; do not know anything about that
but know that Jones was promised money enough
| to enable him to get out of the country.
| Rid Jones tell you thats
H.-Yes; he swore to it,
R-whom did he mean had promised it to him
THE JONES PERJURY CASE.
! HI suppose the prosecut;on-the Mores. Jones'
YOU remember was afterwards arrested for perjury
committed on that trial.
R-what became OF that case
! H-well, the Grand Jury ignored the bin.
! R.-He could not be convicted on his IN
supported testimony, ycu mean
H.-No sir The Grand Jury believed that he
had committed perjury in the sprague trial, but the
charge then was for committing perjury the last
| Churchill trial, when they believed that he had
sworn to the truth. There is another thing about
| this man down there brought suit against the
Mores to recover money for preparing a jury list
He prepared book which contained the names of
most, If not ALL the men in the county who could be
summoned on a Jury, and he set out their express
ions OF opinion and their views the opposite
their names lie travelled around and interviewed
them. 1t is claimed by the defense that that book
was used in making up the jury list
R-You will use that fact before the Governor?
| H.-Yes.
R.-Has the Governor given you any intimation
OF his feelings in the matter?
| H.-No sir.
| R-Has he given any to Mr.. Cheney:
| H.-No sir. i have never .alked With the Gov.
ernor on the subject OF his feelings. would have
been back here week ago, but Moses Sprague, his
brother, made mistake in his telegram, assume,
or else misunderstood it himself and he telegraphed
me at Slsanville that the respite was TO the goth
OF September, and under that belief staid week
and tried some cases at Quincy. would have been
here before but for that, but will be fully pre-
| pared.
THE PETITIONS.
R.-About these petitions that are being cir
cuated that being done by his friends through
your advice
HI do not know anything about them have
not been here.
R-Pettions are being circulated here and In San
Francisco you are aware, in Sprague's behalf?