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

d.-0n the second iai. The last ChurcDll tilai
gas before Judge Sepulveda.
R. What became of Lord?
Il Lord, Hunt and Mozart were discharged.
he Supreme Court reversed the judgment IN the
urlee case. and upon his return from State Prison
Judge Fawcett certified that there was no evidence
20 warrant putting him trial again and dischai ged
aim against his own protest and that of his counsel,
VINO demanded re-trial.
R.-The1r desire was to obtain verdict OF not
slntyf
. a.-Yes In the meantime we had prepared
A BILL OF EXCEPTIONS
;. the sprayue case, and in turn presented 1t to
j udge Fawcett. Owing to matters over winch foun-
sci had no control the time to prepare that bill oil
executions rea ly amounted to but two days, and 1t
mad TO be made up from 300 or 400 pages OF the
Shorthand reporters notes of the trial When that
oil was presented to Judge Fawcett for settlement
oe refused 10 settle it. made order striking it
from the files. and in that order recited That the
oil OF exceptions presented consisted OF the short
nand reporters notes taken at the trial. with the
side remarks and speeches Of counsel verbatim, and
Ior that reason he declined to settle it.
R.--Did he mean to say that the statement you
presented did contain these things?
H-Yes.
R.-That it was not correct statement
d-weIl, it was correct. There was nothing
wrong about it except that there was too much III IT,
This certificate of Judge Fawcett false, as an in
spection of the hi lJf exceptions on file with the
Clerk of that Cour will show. But in all the pro-
ceed;ngs In the Supreme Court could never get
T,,Irx ha1n har
Judge Temple presided at the request OF the Gov
ernor, and he came to pass sentence upon Sprague
me last time, no made an examination and gave
A CERTIFICATE THAT ooNTRADICTED
That Of Judge Fawcett. Upon an examination 1t
as shown that the proposed BILL i'll fact contained
,ery little, il any, irrelevant matter; that there
we're over three hundred and six alterations and
changes made, heprncipa object being to eliminate
from the reporters notes al irrelevant and imm-'
terisl matter. But at this time the remitittur on
the main appeal had already gone down to the Court
below, and the Supreme Court on an application to
recall it. did not PASS upon the merits Of the case
but held that 1t was out of the power OF the Court
to recall It, and for that reason alone denied the
application.
R-The Supreme Court then never did pass upon
The merits of the case upon the facts?
H.-No, sir.
R-or as to whether shey had been properly
p7esentedi
H.-No sir it never did.
g-t was a question OF practice then entirely
shat was before the Supreme Court?
H-Not a question Of practice. but question of
power TO
RECALL TIE REMITTITUR.
in all the former applications they held that this
certificate of Judge Fawcett stood in our way The
same error was committed by the Judge in the trial
of Sprague that was committed in the trial of Cur
lee, and for which the Curlee case was reversed,
namely: The defense contended that witness by
the name Of Brown, who testified in both cases,
was according to his own testimony, accomplice,
md Judge Fawcett charged the jury in both cases
shat he was not accomplish. therefore giving him
iull credit before the jury. On the second trial OF
Churchill, and before the Cnrlee case had been de-
cided by the Supreme Court, Judge Sepulveda held
that Brown stood in the light Of accomplish, and
mat his testimony must be so viewed. Now great
zeal has been said about the testimony of Jesse
ones.
R-yes, l would like to get your opinion about
hat?
JESSE JONES.
H.-Jesse Joses vas boy who never had had
any cause of quarrel with More at all. He was ar
,ested and charged with being one of the parties
rho committed the murder. A police officer by the
name Of Jonathan Jones, relative Of his from Los
Angeles, told him that they had evidence that
would prove his guilt beyond all question and that
re would be convicted anyhow, and also that
Spragus had confessed but that they were willing
to let hun turn States evidence After ne had been
nut in iail at Ventura he was taken up to Santa
Rarbara, where the Mores lived, and they were in
daily intercourse with him. and he clsims that they
made certain threats a,d cer,an promises to him.
On the Spraguc trial he was aonIinally discharged
from custc5y, and Of his friends had ever been
Forniitcd % see him up to that time, except in the
;reeence Of some one hostile to the defense. After
lis discharge, and up to the time Of the conviction
o. Curlee and the first trial of Churchill, he was
Eep: constantly under guard-the prosecution ad-
nit that
2-For what purpose
H-That must be inferred About noon on the
ay before the steamer was TO sail for Santa Barbara
: was alone in my room at the hotel when the
ynder Sheriff Of the county came TO me, and told
me that he was satisfied from what ne knew that
Jones testimony was entirely fabricated, and that
Jones had seen him and asked for interview with
nc Had been at home and not under the sur
that were there, should have seen him
a. ones and without any hesitation; but hesitated
about il. and finally told him that Jones might come
TO my room with him When he came he asked me
II Curee vas going up the steamer 10 San Quen-
tin told him that he was Curlee had been his
partner, ami OF Gu lees innocence had always been
satisfied from the very start. lie asked me ii he
could see Curlee and Mrs Curlee his wife. said.
Of course you can go and see them; there is moth
ing TO prevent you, and he
BURST OUT CRYING,
An told ne that he had been forced 10 testify to
what he did, and that ne did not know anything
about whether Sprague was guilty or not, but that
he I'LL know that Curlee was innocent, for he and
curlee we're Just where Curlee had sworn they were
at Pole Canyon. some ten or twelve miles from
the scene q the murder.
RE had previously testified 70 being an eye
T7i;ress to the killing
H.-Yes.
And that Sprague was the chief participant
H-Yes. He proposed to give me history of
the whole affair, which would not permit him to
10.
R.-whAt affair do YOU mean-the killingl
H-How he had been brought to testify as he
had, which would not permit him to do, but told
hn If he had testified falsely that it was his duty
10 correct II, and 10 20 before magistrate and
make ar affidavit to that effect lie said that he
wa afraid that II he did it the Mores would get
come Spaniard to kill him Believing that it was of
the utmost importance TO have ii DONE finally per-
suaded him to 20 before magistrate and make
statement under oath-a short, succinct history OF
the reasons which had led him to commit perjury
and Of the fac. that he had done it. He consented
upon condition that the affidavit which he made be
lore the magistrate sho1d not be used except it be-
came necessary to
SAVE THE LIFR
OF one Of the defendants agreed to this condition,
because knew he would do nothing else. That
affidavit was taken sealed up in the presence OF the
and an indorsement was made upon the
back Of the envelope that 1t was not to be opened
while Jones and myself were 10th living. without
the consent of both. 1t was then deposited with
the County Treasurer Of Ventura county who now
has i, unopened No one knew the contents OF that
affidavit save the magistrate, Jones, and myself.
On the first trial Of Churchill became completely
satisfied that Jones testimo was false,
and believed that at one time during his eSamina-
ZION he WAS yoing 10 admit IL He afterwards told