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

elated that night, but his impression might
be had from the fact of whisky being taken
to the room. After that conference that
night he thought Jones changed. True, he
testified again after that in the Churchill
case. but not so strongly as when he
originally, testified. Mr.. Raymond was in
nant about the matter MIR. Hill has been
impressed with the guilt of Sprague all the
time.
Mr.. Brooks was sworn, and testified that
MIR. Bledsoe that night reused him from his
bed and said mob at Browns Hotel was
trying to hang Jones that was the idea
that Fay was drunk, and he was afraid he
would kill Mr.. Williams. He got up and
went to the hotel, saw Mr. Williams and
MIR; More in room opening off of the hall,
to the door of '22, +" and Mr.. Fay came to
the door with pistol Fay said several
men had been there, and they'd have to kill
some one yet. He told Fay it was disgrace
ful. lie saw Jones there with pistol in his
hand. Fay was excited he said Williams
had a watch on the roof of the house, and had
mob to kill Jones' Allen was in the room.
Jones said More had said he'd kill him.
While there Brown, the landlord, came in,
much excited. Finally it was resolved Jones
should leave, and avoid trouble, and he
(brooksl walked with him out of the house.
Jones was afraid to go. Witness knew at the
time that Jones had made an affidavit recant,
ing. subsequently, Judge Fawcett, of his
own motion, took up the matter, examined
into it. and from the bench certified that
Brooks action in the matter was free from
blame. and was creditable, and that no undue
infiuenc, had been brought to bear upon
Jones by the attorneys for the defense,
THE CLOSING ARGUMENT.
Mr.. Raymond then began the closing srcu.
ment He held that all Judicial power is not
confined to the Judiciary; other branches of
the Government exercise judicial and legisla-
tive powers, than the Courts or the Iepisla-
ture. The Boards Of Supervisors and EQUAL
ization are examples. The people, assembled
in the Legislature, have the power to open
every prison door and declare a Jubilee.
That is the power to pardon in its broadest
sense. The Almighty pardons those who
have repented, and those who have not. fo-
in the blood of His Son their sins were
washed away. The pardoning power is vested
by the people in the Governor in all the
breadth and extent where the people possess
it themselves. The history Of England is
full of instances of pardons granted for pre-
vious services rendered the State, and the
records of communications are on file in the
Vi TO criminals
then at San Quentin for gallant services rem
dered at the time of the fire in the prison.
Their crimes were wiped out by their acts.
Suppose the greatest of criminals should
escape, and the State be placed in peril at
the feet of an invading foe, and this man
should rise from his coneealment, and rally
the men OF his country and purge the land of
the advancing foes, who will say that the
Executive shall not rise up and say this is
,Arf ax,I =, ,el t.
is said the question is, is Sprssue
innocent? Yet last Friday morning
the Attorney General said in the RECORD.
UNION if there was a reasonable doubt about
Sprague's guilt he should not be hanged 1t
has been boldly proclaimed through the press
that the Governor should pay no attention
to these petitions-the petitions of the peo-
pie. whose worthy servant the Governor is,
who has taken an oath that no man in Cali
fornia shall be deprived of life without due
process Of law if the Executive arm can pre-
vent it. Our Government rests en- the con-
sent of the governed and for the benefit cf
the governed, and if all the people in ~,
land should petition for the pardon of THIS
man it would be the duty of the Governor
to pardon him whether he believed him inno-
cent or not. Yet We are told by partisan
press, at the bidding of the big landowners
of this State, that the Governor should
Why all over the State there is an uprising
of the people, and all the press but three are
calling on the people to hold public meetings
and protest against the execution of Sprague.
To quiet society, and in behalf of the good
order of society, the Executive ought to in
terfere by reprieve or Communication whenever
it is evident that the very object and end of
an execution is not to be attained by its being
carried out. and this he declared to be the
fact in this case under the present condition
of the public mind. He held that the Gov
ernor does exercise equity powers in granting
pardon, for it will not do to say g man must
GO to the scaffold while it is admitted
that there was wrong in the convic-
tlon and In the process OF securing it.
There must be some power to inquire into
these great questions, and that consideration
being presented to Judge Temple, he replied
that these are matters that cannot be reviewed
by the Courts. ut has been said by one
paper that | have made an infamous attack
on Judge Fawcett. The Attorney General
says have said things in the heat of debate
did not mean. l say that l uttered only
the truth. To have remained silent would
have been treason to the living. / said what
l did, knowing it to be the truth" He said
he did not know at the time he was before
Judge Fawcett of his infamous conduct, and
that was why he did not then denounce it.
greatest infamy staining the page of history
and never, never, never, in the history of any
country such infamous conduct Are we 81
lent as to the crimes of Jeffreys? Judas
Iscariot had the decency to go out and hang
himself, but this fellow had the impudence to
live until the God of Heaven removed him.
He had met these charges by newspapers be-
fore, and knew how to face them. He should
face them, and never recede from his denun.
Citations of Fawcett, and still plead for the
defendant against the gang that asks him to
be hanged, that no more
GRAsPING LANDLORDS
May be killed.
Mr.. Williams-Do you justify Mr. Sprague
in his murder of More?
Mr.. Haymond-No, sir !; he is innocent.
MIR. Williams-Do you justify the assas-
sins?
Mr.. Raymond will stand up and
plead to the last breath against the assassin
of the homes of the tillers of the soil.
MIR. Blanchard-Is there any evidence that
Mr. More ever invaded anybody's home?
MIR. Haymond-I know of what l speak.
I know that it is Greed Raymond they want,
as well as Sprague; and the cowardly dogs
speak their spite behind my back but fear
them not. They say he had feeling. Aye.
and who would not, against the acts of an in
famous and corrupt Judge? And the story
OF tnaI letuIlS snall go ABROAD throughout the
land and be patent of nobility for him for
life. He declared that never in history before
was record made of Judge driving from
the knees of the prisoner on trial for his life
his clinging children, or forcing his wife from
her place at his side. Judge Temple had said
in this case he could not conceive of any case
where the Court would refuse to settle a bill
of exceptions in criminal case, and Judge
benson says in scarcely any criminal case
ever before him was bill settled within the
legal time.
WAS THERE QUARREL?
Governor Perkins-It is said that when you
arrived at Ventura you became convinced
of Sprague's guilt, and your only hope was
to get up quarrel with the Judge.
Mr.. Raymond was glad that had been
brought up. His policy in all criminal trials
was, in the interest of his client, to submit to
any indignity rather than prejudice his case.
He stood indignities in this case until the
people began to say he was a coward. He
had no word with the Judge, though things
were done and said by the Judge till his
blood boiled, and his associate counsel, Fay.
rushed from the Courtroom unable to re-
strain himself, but he looked on his client
and the women and children tugging at his
skirts and thanked God he had the courage
to submit to insult. He had no quarrel
with the Judge, but at the last Fawcett