Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-22


other circumstances of midnight raids, or as
to who performed them, or the notices given
to persons who purchased of the railroad com
pany against the wishes and consent of the
the league, nor especially refer TO those per-
sons whose houses were burned, nor to those
masked men who, by their threats, induced
the agent of the company who was there to
grant the lands. to leave, nor to the midnight
pursuit by masked men of those who dared
to purchase of the railroad company, except
TO call your attention to them as circum-
stances which are claimed on the part of the
prosecution az tending to show the length and
breadth Of this conspiracy, if there was any
such conspiracy. The Government claims
that there was conspiracy, and claims that
it not only extended to the lands, but further,
that it extended to an intention to resist the
process of the lower Courts, at least until
decision should be had from tho Supreme
Court Of the United States These are cir
cumstances which you are entitled to consider
in connection with all the other circumstances
in the case. But l shall pass over this with
out any further comment-wlthout any COM
ment as to the credibility Of the testimony,
OF as to the fact at all, except that the tes5i-
mony points to this organization as the only
one having any cause Of complaint against the
parties settling upon those particular lands,
or purchasing those lands from the company.
We will come down now, gentlemen, TO the
18th of Nav. The testimony is claimed to
show that il was known in that district by
MANY. and BY some of the defendants at
least, prior to the 18th Of May, that execu.
lions had been issued, but the testimony OF
the witnesses is. that they did not know at
what time the Marshal would appear; that
meeting was called at Hanford on the morn
ing of the 18th of Maya picnic to take into
L. +haca ms Which If
expected Judge Terry would deliver on opin-
ion, or make an address, one or the other,
upon the subject. 1t is in testimony also,
gentlemen, that the Marshal, with Mr..
Clark, the grader, who was familiar with the
land and who accompanied the Marshal TO
point out the land, arrived at Hanford en- the
evening before, and on the morning of the
18th of May went in pursuit of Crow and
Hart, who were two of the purchasers OF the
railroad lands, and whom he was directed to
put in possession of certain lands, among
them the lands claimed and possessed by
Storer and Brewer. The testimony tends to
show that Hart had either purchased Of the
railroad company or leased the land held by
Braden, and one other piece of land, and
that Crow had purchased the land which was
embraced in the Judgment and writ against
Storer and Brewer; and that the company
had authorized the Marshal to put them in
possession of those lands.
Now, gentlemen, those lands being ad-
judged to be the property of the railroad
company, whatever title the railroad COM
pany had in them, Hart and Crow had
right to purchase, and 10 one had any right
to interfere with their purchases. Whatever
their interest was, whatever their title was,
after the title had been adjudged to be in the
company, Crow and Hart mad right TO pur-
chase it, and they had right, by the assent
or direction OF the company, to be put in
possession under those judgments and exc
cutions, any one forcibly opposing their being
put in possession would be acting in violation
of the law.
Not finding Hart at the town of Eanford,
tee Marshal and Mr.. Clark started upon the
road towards the land as the testimony tends
to show. They afterwards met them on the
way, and first went to Braden's place. Not
finding any one there, they removed his goods
into the streets, or county road, and the Mar
shall delivered formal possession to Hart;
They then went to the place OF Storer and
Brewer They met Storer upon the way, and
after some conversation in relation to the
subject, and his being informed that the Mar
shall was there for the purpose OF putting
Crow in possession, one Of them-Crow, l
think-said "Why can't we settle it and
there was some conversation on the subject.
They stood aside and conversed by them
selves. Storer said "Well, come on boys,
we will go down and see my partner
or my friend" They went down to
the land. [ need not go over the circum-
stances. They went into the Enclosure on
the even section adjoining with Storer-
what they call the homestead lot-and the
Marshal and Clark and Crow and Hart re.
manning while Storer went to converse with
his partner. The testimony also is that the
news Of the Marshal's arrival became noised
abroad in Hanford at once that it became
known TO the settlers, and among others, to
these defendants in various stages of the case !;
that. the Marshal was there with his writs !;
that he and Crow and Hart had gone out
with view of executing the Writs. Now,
gentlemen, you have heard the testimony
about how these parties all arrived upon the
grounds, but the testimony all tends to show
that they gathered their men together, and
that some OF them-AcQuidd their leader
and some others requested them to get as
many men as they could that they wanted
to make an impressive representation to the
Marshal. There was concert Of action, as
the testimony all tends to show. and it is not
contradicted, in going there. They all went
there, several miles out of the way, to place
in which they had no personal concern.
There appears to have been a concert of &C.
ton in going there and assembling at the
place. They gathered their friends together,
as the testimony tends to show, upon the
way. Now, if that was SO, if they went there
by any concert of action, that is one element
Ia the conspiracy. That, of course, does not
make conspiracy alone, but if there was a
concerted action on their part, and they all
came together from different portions around
there by concert of action or agreement, | say
that is one element pointing to conspiracy.
Now they went there for purpose. That
they all admit. The testimony all shows
that they had purpose in going. II that
purpose was an unlawful one, that is another
element in the conspiracy. They say now
that that purpose was to persuade the Mar
shall not to execute the writ That was one
another one was that they had heard threats
that Brewers life would be in danger. That
was another purpose. This is what they say,
the law at this time permitting them TO tes-
tify in the matter, and as they say it, it is
testimony in the case and you are entitled to
| consider ito consider if there was a pur-
pose of some kind in going there, and wheth-
er that purpose was lawful or an unlawful
one.
On the other hand, it is alleged that there
was another purpose, and that purpose, it is
| insisted, was shown by the surrounding cir.
cumstauces to have been an unlawful purpose,
a purpose to resist the Marshal. The fact
that they went for lawful purpose merely
you are not to assume, unless you believe that
| is the true state of the case-the true condi
ton Of things-from all the circumstances in
the case. And you are entitled to consider
what they did at that time; whether what
they did at the time, and constituting par:
of the transaction itself, is consistent with
what they now declare, subsequently to the
event. to be their purpose, or not.
What was done when they came upon the
ground the testimony all shows. It is not
substantially contradictory. Storer had just
| left Crow and Hart there is no testimony
that any ilI-feeliug was manifested between
them there is no testimony that any dispute
| or harsh language was used among them that
morning. The testimony simply indicates
that they were talking in friendly way
Storer had just left for Brewer, who was
blowing in the field near by, both in sight OF
| these parties as they arrived. Now when
the defendants and their associates arrived,
seeing large number of men, estimated any.
where from Is to % or 80, according to
the different views which the several wit
nesses took of it, whatever the number was
certainly it was not less than Is, because that
| is the lowest number that it is put at-when
Hart and Crow saw those men they made an
expression, as the testimony tends to show,
which indicated that they expected difficulty
The Marshal testihes to you that he directed
them to stay where they were, and keep quiet
in their wagons, saying that ne would sc
down and meet them. The Marshal testifes,
| and it is not contradictsd. that he went down
to meet them, some 90 or 60 yards from where
he had left these parties sitting in the wagon
4 i