Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-04-15

of the felonies, and do something toward
righting all the wrong that bad been done.
They told him that hey could make no POSI-
tive and definite promise 20 hslp him cut of
his trouble, but no nan was SO dseply in
volved bat that some aid might re rendered
him. Whatever was proper to DO they would
do to alleviate his punishment, but
they wished this promise TO apply to no
crime that called for capital punishment.
Williams yielded. and made full statement
that corroborated in every detail all the re-
cital hersin relative to the stealing OF Blggs'
cattle. OF course that statement Is altogether
too extended to be reproduced hsze, especially
as it involved other transactions than the
Bisgs steal, As to that be told how be and
Mccall left the Riverside road, below Sacra-
merto, on the night OF the 4th of October,
and stole Bieps' cattle su6 drove them all
that night. The next day, Saturday, they
camped Just this side OF iCue City, Sstur-
day night they drove pazt Biythers' place.
Sunday they hid in the brush to rest and ten
head escaped. Williams went back for them,
and found them in Cecii'- possession at
Biythers'. He returned 20 IlcCal. and they
two drove Sunday night % AickarlaGd's,
ON THE sTANIsLAUs RIVER.
Monday they went to Williams bIother-in-
laws-a Mr.. Drais, who lives near Farming
ton-leayipg the cattle some ten miles away.
tie, and Monday night drove them to within
six miles of Modesto and canpe6. Tuesday
night they drove to the railroad c0rrals at
Modesto. IL was evening, and Williams
went into the town TO fad Walden. He
found citizen named Ersstus Powell, who
knew Walden, and agreed TO look him up.
Powell found Walden and brought him TO
Williams. but Mr.. Powell had no knowledge
of who Williams was or what was Lis BUSH
ness. Williams told Walden what he had
out at the corrals, and the two mounted
horses and rode to the cOrrals. Williams
showed the cattle, and told Walden
JUST HOW AND WHEN HE GOT THEN.
A bargain was then entered upon for them.
Walden did not offer Whist the thieves deemed
sufficient sum for the stock, and the former
then left to call on y butcher and see if he
would buy them, but soon returned and said
the nan would not buy As bargain could
not he struck, WALDEN told the thieves to
drive the stock out to his place, ten miles dis
tant, and put it on his ranch. Stolen cattle,
says Williams, had often been driven there
before, as Waden's place was known TO be a
fence" and Walden thoroughbred"
Williams and Mccall got to the ranch
| Wednesday morning with the cattle That
| day Oscar Lyons was sent out by Walden to
bring to town FLY, and Williams came in
| with him.
THIS CONFESSION
Was made about six weeks age. District At
torney Buckley then drew up ana swore to
a complaint before Superior Judge benson,
sitting as q magistrate, charming WalSen
with perjury in testifyiug in Court, at the
trial of Williams, in May, 1881, in the SUI
| peIior Court of Sacramento county that he
saw Williams on Mondsy, October II, 1878,
at Modesto. between bgeakfsss.time and
the hour of noon, and also that he knew
nothing about the stolen cattle OF Marion
| biggs. Walden was arrested and brought
here, and Judge benson transferred the case
to Justice Coggins to conduct the preliminary
examination, which began on Tuesday. Dis
trics Attorney Buckley and c. I. Jones ap-
peared for the prosecution, and W. Z. Turner,
Of Modesto. for the defeEss. Walden had
given bail in the sum Of s., eco. The
facts necessary to establish the crime
were shown substantially as herein set forth.
But of course, some Of the details of the mar
rative character here recited were not stated
on this examination. What was shown,
however, wss much more in detail, more elab-
crate and mora dramatic in effect than it
would be possible to set cut in an ordinary
sketch covering such vide area of criminal
groundwork. Walden was held to answer
with bail fixed at 5000, aid this he gave.
IT REMAINS TO BE ADDED
That Graves testified to about the same facts,
| SO far as this case was concerned, as he had
stated in his confession, and as the circum-
stances and corroboratipg statements show
| that they really were. lie went on to say
that he knew when Williams and Mccall ar
rived at Modesto on the Ssl Of October, at
night. After Williams had been indicted
! Walden came to him, Graves, and wished
| him to come TO Sacramento and testify that
| Williams had registered end stopped at the
Ross House, in Modesto. IS already set out.
Graves charges Walden with forging Will
liams' name on the register. Graves was not
! clerk at the hotel, but SO it - as fair time"
he was helping about the hotel office. Graves
tells the officers and attorneys OF many other
cases of cattle and horse stealing,
and. duplicates parties not yet ar
rested. Evidently he was well informed
as to the inner workings Of the System"
The prosecution produced Mr. Powell,
who corroborated Williams statement about
his going to hunt up Walden at Modesto and
as to Walden and Williams meeting on that
| Tuesday tight. He saw them also get on
their horses and go off.
M'cALL WAS PLACED ON THE STAND,
And corrobcrated all tho material statements
already detailed. lie, however, tried to save
Walden by stating that wkilo he. Mccall and
Williams were at Drais' place, Williams left
and was gone several hours. This was or
Monday. and was evidently intended to Gre
ate doubt as to whether Williams was seen
in Modesto on Monday by Walden, or not.
From Drais' to Modesto It is twenty-one
miles. If, then, Williams went from
there to Modesto and bach, he rode
forty.two miles; then. on the same
horse, he and Mccall must have
gone ten miles Fore to where the cattle had
been left when they visited Drais. That
would make 6fty-two miles. From there to
Modesto is Thirty miles, and to the Walden
ranch ten miles more. making ninety-two
miles, forty miles of which cattle had to be
driven, that Williams, according to Mccall,
must have made between Monday and We'd
nesday morning. Other statements by Nc
Call. however, were made that made the
above statement clearly unreal. Mrs. Drais,
slso, testified that both the men were at her
place Monday forenoon, and left about noon
and went direction not the route to Mo-
desto, and which corresponds to the direction
Ia which the cattle were from Drais
THE DEFENSE.
OF Walden was complete denial by him of
the charge, and the statements of Williams.
Mccall and Graves, and proof Of his good
rspute IN the community where he lives, for
truth and veracity. Walden admitted that
he went to |. S. Brown, and made the state
ments set forth in tho affidavit for continu-
ance, before referred to, and in which it was
set out that Graves would swear to certain
facts. At the first trial OF Williams, Graves
was called to the stand by Judge Denson,
and did testify to Williams being in Mo
desto on the Monday alleged, but he now
admits that that testimony was false, and
says Walden induced him TO so testify.
BY THE DEFENSE
1t is claimed that Walden was not at home
when the Biges cattle were driven to his place;
that Powell is an associate in crime with
Williams and Mccall that the two last have
connected their statements, in order to gain
immunity from punishment for their crimes
that Walden is innocent, wholly innocent of
the charges made against him, and that he is
good and worthy citizen, and much per-
secuted one. 1t may be added, Walden served
one term in the Legislature; that he is
the man who was indicted and convicted
on charge of changing ballots at an
election in his county. The case was ap-
pealed to the Suprsme Court, and q
new trial was ordered. Prior to its
coming on the Court house at Modesto
was broken into and certain records destroyed
or mutilated. Waden's friends deny that
this had anything to do with him or his case,
which was dismissed