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

lUa llNO L O1b LII LII
mad and wild. and ceased settling the state
ment. and made the vile, lying and infamous
certificate which the Supreme Court, not
willing to believe a Judge could so wiilfully
lie and perjure himself. took as true and re-
fused to go behind, and so declared the bill
no bill. and defendant was never able after
that to get behind the ruling, and thus de-
PENDANT was deprived of vital right lie
PRODUCED the manuscript of the Clerk OF the
bill of exceptions rejected by Judge Fawcett,
and declared that if that volume, copied out
by the Clerk, showed that the testimony
copied in it was without the erasures Inaoe
by himself (Haymond) and Post, as testihed
to, then it proved beyond power OF contra
5;ct;nn that the allegation that the bill came
hacx from Sacramento with all the reporters
notes in it is false, and that Judge Fawcetts
certificate is false also, and he asked that the
notes now before the Governor and the vol
1lme in question be compared.
! The Governor here asked if any one ever
i,new of a judge refusing to settle bill
where. though the time had expired, but
where life was at stake, and none of the
counsel knew of such a case, and Mr.. Hay
mond said the only case was that OF Sprague,
and the only Judge was the dead Fawcett
de returned TO the test nony, and read an
affidavit from r. B. Hall to show that Black
stock, the attorney, had sued A. L. More tor
81 600 for "procuring Hickerson's testi.
monv. and argued that the proof maintained
the theory that Hickersons testimony was
the result of q bargain. He further reviewed
the testimony and pointed out alleged lncon,
sistencies in the statements OF Brown and
Hickerson. Coming again to the
QUESTION OF PARDON,
He said that, to relieve all fears, he was will
ing the Governor should attach the condition
To Sprague's pardon that he leave the State,
never to return again. The power to par
don includes the power to fix the terms OF 1t
and to attach conditions The power to
pardon is so broad and free that it gives the
Governor the right, with none to say nay, to
set free the guilty as well as relieve the luno-
cent from the threat of death.
ct 6:1O P. NJ. the Governor announced
recess until s P. NJ.
Upon resuming the consideration of the
case a brief conversation was engaged IN De-
tween the counsel in the case and the Gov
ernor, after which Mr.. Raymond proceeded
20 read the deposition OF n. ID. Hlckerson,
and making brief remarks upon it in passing.
The experience of the world shows that 1t will
not do to convict of murder upon the tesh-
mony of an accomplish, Jones did not tes-
tify to anything that he could not have testi.
ned to if he had not been upon the scene OF
the crime. Jones was placed in room adj
Joining and heard the testimony OF other W.T.
nessss before he testified. He had heard the
testimony of a previous examination. Jones
should have been excluded from the case. 1t
was an outrage for them to place him where
he could hear the testimony OF others and
then put him upon the stand TO testify where
the life of a man was at stake. Ihls tesu-
mony was deposition, and deposition must
be taken with full weight and opportunity OF
cross-examination In this case there was no
such privilege exercised or allowed. The
Judge also excluded the wife and daughters
from the courtroom during trial. He stopped
the court and forbid the children of the pris-
oner to sit upon his knees in the courtroom,
and said it was out of place. Outrages have
characterized the proceedings OF the case from
the beginning to the end. The testimony OF
Hickerson was written out and
SOLD FOR $1,000.
And now the widow of Hicker5on and his
two sons come and ask that this man be
saved. What ia the testimony OF Brown!
Why. that on the next night was the time
fixed for the murder of More. The building
was to be fred. and as this man rushed out
he was to be shot down. And yet the man
uoon whose testimony this man is condemned
never came near where the fire was that
night, His house of all others was the near
est, and in sight, and yet even the next day
he never went near, and took no notice OF the
matter, although the heavens were darkened
with the smoke from the fire.
The Governor asked If there Is evidence
alat this house was within sight.
The counsel replied that there Is. Churchill
had told Brown that the deed was to be done
: this particular night. The hour was 10
O'Clock, and the signal is the same.
Jesse Jones told More he would be con-
yicted anyway, because Brown, be said,
would testify that More came at the hour,
and to the place agreed upon, etc, and that
testimony would convict him. Inc counsel
Iien proceeded to read the deposition OF
Hickerson at length, stopping occasionally
and calling attention that it was denied or
corrobolated by other witnesses. Counsel
stated that during the trial of Churchill a
witness swore that two or three years before
ne had picked up
GUNNY SACK
In 4 field. among the cactus, with holes in it,
the same as worn By the masked men at the
time OF the murder. Taat lie took 1t nome
and wrapped il up c,rsfuay III copy OF the
RECORD UNION, and kept 1t and produced 1t
"
and produced it as evidence In Court.
Jesse Jones, he said, testified that all the
conspirators took an oath, administered by
Mr.. Sprague, that any one VINO divulged the
matter should be killed, and yet .HickeIson,
the very next day it is claimed, after such
compact, proceeds to give details OF the
whole matter. Counsel claimed there are
90, 600 people in this State to-day that de-
clare this whole matter is an outrage. But
when a man of wealth is murdered some one
must suffer for it whether it chances to be
the one who is guilty or not. La this case,
Jury after jury have been packed for this very
purpose and men who came there to testify
for the defense were incarcerated in jail.
Has Sprague's actions he asked, in preceding
trials been that Of a criminal: Hartly
Sprague and two girls planned to go there to
the all and overcome the Sheriff and take
Sprague off with a eet horse to place of
safety. and he, counsel, stopped the plot.
Again. when the Jail was torn down over
the prisoners head TO liberate him he refused
to hse. Are these evidences OF guilt
The Attorney General asked how much
of the Jail was torn down, and
Mr.. Raymond replied that the window OF
the Jail. he was reliably informed, was pulled
out. aud man from the outside conferred
with him about getting out and away.
"A
tending TO deny the statement Of such oppor-
tuaity for escape. MIR. Raymond closed it
by saving that now it Is said il this man
is not hanged he will be mobbed and killed,
''but tell YOU" he continued, " for every
drop that shall be shed OF Sprague's blood
there shall be thousand lives destroyed.
He dwslt upon the fact that Hickerson
states that he had not read, or did not remem-
Der that he had read, the Signal, weekly
paper, containing the statement OF the case
similar to his testimony, and by this sought
to discredit the deposition.
The question again arose to the 81, 600
which MIR. Raymond claimed was offered as
a bride for testimony, and the deposition of
Hall, the detective, was examined by the
Governor, flom which it appeared that, ow
ing to the importance Of Hickerson's testi-
mony, and as il would not be safe for him to
remain where he was if he gave the testi-
mony, Mr.. More promised to pay not to ex-
coed 81, 600 to defray expenses of Hickerson
and family to go to and remain in town, as a
matter of safety, so long as necessary in CON
nection with the case.
No cross examination, Mr.. Raymond
claimed, was virtually allowed IN the taking
of this deposition of Rckerson's, and that it
was ex parte and nothing better. Next the
counsel read the article which appeared in
the Signal, and sought to deduce from it
that 1t was in this article that Hickerson got
the alleged facts contained in his deposition.
He next referred to the scene at the burn
Ing of the barn. and reasoned from it that
robbery was the primary intention of the
parties who committed the crime, and that if