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

Granger was aSout to sue out writ of habeas cor
| pus when two Of the defendants courssl came out
with Jones, where ne had been three hours. Jones
now avoided friends Of the prosecution, became in
mate with friends of the defendant, was taken to
his fsther-in-laws house and those Of defendants,
and finally made an affidavit which /, wss alleged
stated that all that he had sworn to at the trials
was false. He was from that time provided
with means has his own pre-cmption claim, and
house and good maintenance. By November
Churchill got well and
CLAMoRED TO BE TRIED.
A jury had on 1t, when too late, Mr.. Granger
says, friend and partisan Of the defendant.
Jones was put on the stand and satisfied his afda-
Wit, which was ambiguous as to whether all he had
sworn to was false or not, and then gave substan.
TALLY the same testimony as before. The jury dis.
agreed. Jones conduct in Mr.. Grangers opinion,
showed he was bidding for money, as he wavered
from side to side and his father said TO OF the
prosecution that If $500 guaranteed him he'd
take Jones home with him and guarantee his faith.
fulness to the State a witness. But Jones closed
with the defense, says Mr.. Granger, and went over
bodily to tha. side under the belief that he was an
all important witness for the prosecution and with
N~N
SO view him. and held that sprsgue could have been
convicted without Jones or Browns testimony. On
the second trial Of Churchill Jones swore his pre-.
vious testia ony false, and that he knew nothing
of the murder. Churchill was acquitted, aud the
acting District Attorney dismissed asto all the other
defendants when their cases we're called for the
reasons spread on the records of the Court.
CONCLUSION.
Mr.. Granger then devotes space 70 show that Jones'
first statement and confession true and was cor
roborated by undeniable facts and circumstances
and especially the testimony OF Irving Fouks, who
traced the tracks OF from the direction OF
Sprague's place to the alder tree Mores ranch
house. and there where horses had tramped
and there found under Il cactus bush one of the
marks This fact Of there being seven-hve on
horseback and two foot-was mentioned by no Wit.
ness except Jones' and eorroborated BY Fouks at
the last Of the trials when he told Of his tracing he
tracks, and most told Of the horses hoot
prints, he having supposed that fact to be of par
ticular importance. A fact was detailed by jones
also relative to the particular position of certain
wagon at More's that night, and this was corrobor-
ated by ovas.
In November the Governor granted Sprague
respite of sixty days. Mr.. Granger complains that
the prosecution had notice OF this application TO
the Executive; that appeals have been made
through the press for the defense to the agrarian
sentiment, and to the preiudices and passions OF
men /; that tho applications for Executive clemency
have been based on misrepresentation, twenty one
Of which he specifies, but the points Of all Of which
have already been given. He sets out that de.
fendant's (Spragues) counsel had ample time In
which to have prepared proper bill Of exceptions
by condensation Of the reporters notes, but pre-
ferred to incorporate the ,25s pages thereof in
their bill. They had also eight or nine special bills
OF exception prepared and settled BY the Judge and
found when the Supreme Court declined to consider
the points in them, that they had failed to make up
proper general bill. Had the Judge below
improperly refused TO settle and sign
bill the Supreme Court would have
compelled him to act. AZ to the item by Black.
stock, attorney in the suit oy him against A.
P. More for fees for legal services. the counsel put
"procuring" for obtaining" and hat was .
estimate Backstock put as the valu Of his lie al
services in that part Of the q. relative to
Hickerson's depositionl. That suit has been dis
missed. Blaekstock witness on the Spragus
trial and vigorously xamined and repeat
edly denied being paid to get the deposition, and
declared Hickerson made it voluntarily, and that
promise was make to Hickerson that il he made the
statement his wife should be supplied with means.
Hiekerson also denied oath that he had rehearsed
his statement made it otherwise than freely and
voluntarily and because his conscience bade him do
it. Hickerson conscientious and exemplary
citizen, and few days after making his deposition
died in peace and composure.