Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-08-26

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ncwer. quoting largely from historical and
Ieqal authorities and from the acts of Lincoln
IN granting pardon to the rebels of the South.
H. then replied to the statement that the
supreme Court had passed on the case on the
merits. He denied vehemently that such
was the case, and said if the Court had exam
med the record, as had been stated, it had done
what il had no right TO do. 1t was said the
Judges had said they had examined it. What
right have they to be giving opinions in the
case. to be meddling with it? To whom have
thew sale so? Why has it been said! If said
1t was another wrong done to Sprague.
THE FAwcErr CERTIFICATE.
He proceeded with the argument to show
whv the certificate of Fawcett ruined
Sprarue. He wanted to get certain 4ues-
ton before the Supreme Court, was there
testimony to corroborate Hickerson, Jones
and Brown ," That was the question Sprague
had the right and tried to take up on his APP
neal How was that fact to be shown except
bv an examination of the testimony Sup
pose all of it, all on those points, had not
been taken up. then the Court would have
said there may be other testimony to Cor
roborate and You have not brough. it up
How was it best to send it up? Why, as
given not by reinstatement of what some one
else NAV have thought the testimony was,
20 get it into narrative form. AS to the
erasure question and the testimony of MIR.
Post At the close OK the trials the reporter
did not have time to write out his report.
Sawcett and he tHaymond) agreed that when
written out they should be sent up to Sacra-
mento, where Fawcett was to be and where
counsel lived. After that he heard the notes
had been filed, and the twenty days time
was running. Then by kilograms all over the
State he hunted up Fawcett and told him the
notes had been filed and not sent per agree
nent. Fawcett, September 18th, telegraphed
back. ordering the notes to be sent
up to Sacramento. Then twelve days
OF precious time had gone. The notes ar
rived on Friday and had to be sent back on
Monday He aud Post, it is proven, worked
all day Sunday and made the changes and
srasures The notes reached Ventura, and
were fled on the last day-the 18Th. In fact,
twenty-four hours time was all he had to
make that bill. No man could prepare 1t
in narrative form. After it was filed it came
back to Fawcett, aud ne did settle the bill,
and went all through it, and his writing lin
blue pencii) appears all through it. When
was il that Fawcett discovered no notice had
been given to the District Attorney, who
knew Of it, and was an attorney for Sprague:
They saw that the erasures were made after
5he notes were sent back, and not as sworn TO
by Mr. Post, yet the record shows the bill
was filed September 18Th, and he tHaymondl
never had it in his possession thereafter and
could not have made them. Here is certi-
fed copy of the bill, made by the clerk, and
the erasures are not ia it, showing he made it
as it was fled. Then, away in October,
Fawcett certifes that the bill contains all the
reporters notes,
WHEN IT DOES NOT.
IL /.
able because not III narrative form. That
certificate is not affixed to the original bill,
but to the transcript, and the comparison
shows the transcript does not contain all the re-
porter notes verbatim, as Fawcett said, by 43O
erasures and all side-bar remarks taken out
So that lie went up to the Supreme Court,
aud counsel could not get behind the certiti-
cate and show that all the notes were not in
the bill. Fawcett was then alive. and while
he was alive he (Haymond1 in open Supreme
Court charged this fraud on Fawcett and de-
nounced his certificate as false; but ne knew
Fawcett had him, and Fawcett knew
it toe, and that there was no rem
edy. Now, mark that. Justice Nc
-Einstry decided that the Judge had GER
tilted that the bill contained what Fawcett
said it did, and the Court couldn't go behind
it. Yet the certificate was false, and there
was TO way to show it to the Supreme Court.
But take Mr.. Harris position, that the
arasures were not made till after the expira-
ton of the time, and yet Fawcett lied, for he
certified after that-in October-that the bill
contained all the reporters notes, when 1t did
not by 400 and over erasures; that 1t con-
tanned side.bar remarks when it did not.
Then in October, though the time had Elk
Dired, counsel made a new bill IN narrative
eorIn, gave notice, and askei Fawcett to set
tie that bill. and he refused because the time
had expired.
Governor Pe,kirs-WAs there no other ex-
cusey
Mr.. Havmond-No. sir, no other excuse on
earth. He had right TO sign 1t, but
wouldn't. It could harm no human being,
but Fawcett refused, and Judge Mckinstry
declared the Court
GOULD NOT TAKE Up THE CASE
Until the bill Of exceptions came up. His
tory shows no Instance where q Judge in a
caDital case refused 60 settle a blu and let an
apoea! 90 I'D. because the time had expired.
The time, which is matter wholly with the
Judge, may be short or long, a. he pleases.
Il Sprague was guilty, Fawcett could trust
the Sapreme Court. If innocent, his case
ought to go to the Superior Court. Judge
Temple, when he came to sentence, said he
could not examine into the fact IS Ia whether
Fawcett's certificate was true, but ne would
Investigate it, and give the defendant the
penefi OF the result, if he could use it at all.
Mr. HAMMOND said he went TO the Supreme
Court and asked for writ of mandate to
compel Fawcett to settle the new bill, and
while the Court granted an alternative writ,
il held that il Fawcett refused, it could
not compel him TO do it. So, he said,
by the act of this infamous Judge Sprague
was deprived of his right OF appeal and
IL tod
matter. did certify that Fawcstt's certificate
was false. and was be the man to certify to
the infamy of brother Judge If 1t was not
so and demanded by Justice And this is
what Judge Temple, living, pure and trpe,
certified, declaring that Fawcett lied, " and
l appeal to the press to publish Judge Tenn
Mes words. and let them be the vindication
of the counsel in denouncing the corrupt
FaNcett. Judge Temple says treadingl:
.. And be it remembered that the said proposed
bill Of exceptions was made up by taking the tran
script OF the reporters notes basis and striking
tberefrom arguments of Iunscl and side-bar re
marks that there numerous alterations from
the reporters notes made by inc'oslug such alter
atoms in lines and by various nterlineations, ant
upnn the affidavit OF Greed Raymond and +. a
Sprague hereto attached"
so SAYS JUDGE TGsrLE
Under the solemuity Of his oath of office, anC
nTHnflN
tina. all the reporters notes were in the bill
verbatim and also side-bar remarks Of coun
sci that is demonstration and no human lie
ING can deny il. and no truth can be NOR,
clearly made manif, st than the fact OF tn,
fslsite Of that certificate, and that by reason
of that falsity only was Sp:ague excluded
from the Supreme Court, where he never wa
heard on the merits.
FURTHER REVIEW
At this point brief discussion ensued be
tween the Governor and the Attorney-Gen
eral as to the lattsr's opinion OF the duty o
the former, 10 which the Attorney-Genera
said in reply to Governor Perkins, that /
there was a reasonable doubt in the mind o
the iury Of the guilt of Sprague h
oncht to be set free, bat he denied tn
mover Of the Governor to review the verdict
Mr.. Raymond then took up and reviewe
.he testimony again at great length, in re
sponse to the interpretations OF the Attorney
General. Referring TO the testimony o
Snracue. that Brown had made to him
,,rnnosition to kill More. Mr. Raymond sal
that was true, and that Spragues statemen
xvas undoubtedly true, and that he did advis
Rrowu of the criminslity and foolishness O
snch attacks on the part OF the settlers, an,
toIj him the suits against More were gettin
-, vii. and the settlers would win and gio
Isnca would he worse than folly. In tina
advice of Sprague he found evidence
~ his innocence. He reviewed agail
tba testimony of Brown and Jones
ami acoin presented his views of thei
statements. again comparing the faults an,
e 70 f,,nonr 10 cOrx-i 90