Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-09-20
MINOR wELDRoN-oN TRIAL FOB PER-
JURY

came up for hearing before Judge benson in
the Superior Court yesterday. It appears
from what can be learned from the records Of
the case that it originated as follows. Ga the
An of October, 1873. twenty head of steers
disappeared from the ranch of Marion Biggs,
Jr.. near Sacramento. Mr.. Biggs, some off.
GERS and friends went on their trail. The re-
suit was that at the October term of the
County Court the Grand Jury indicted r. H.
Mccall and William Williams for stealing
the cattle. There were several continuances
IF the cases. Finally Williams was brought
to trial in July, 1880. but the jury disagreed.
Almost another year passed before the cattle.
thief was brought to trial again but in May,
| 1881, the fellow was convicted and sentenced
to serve six years in the State Prison.
When Mr.. Biggs discovered that his cattle
had been stolen he tracked them to point
Gear lone City, in Amador county. The day
they were stolen was Friday and by Saturday
night the stock had been traced to that point.
Some people near lone. however, unaware of
the owner being on the trail, had their sus-
picions aroused when the cattle appeared in
that vicinity, and followed the band of
thieves. An old colored gentleman by the
name of Cecil finally found ten of the steers
on Sunday, near the boundary of Amador
and Stanisiaus counter took possession of
and drove them back that day to the farm of
| j. G. Blythsrs in Amador county, which is
some seventy miles this side Of Modesto.
| Within half an hour after he Lad brought
| them back man came to Blythers' and
| claimed the cattle. Both Blythers and Cecil
told him they believed the cattle had been
stolen. aud that if he had proof of owner
ship he could come next day and
establish it, but for the time being
H..
The man thereupon left. At the trial both
Cecil and Blythers identified Williams az that
man positively. On the Thursday following
Mr.. Biggs, accompanied by Sheriffs Cunning
ham, of San Joaquin. and Vogsn, of Amador
counties, concluded following the trail of the
| other ten head, which ended ct Waldron's
| ranch. ten miles beyond Modesto. There
they found the balance of the stolen stock,
| and learned that they had been driven there
on Wednesday morning. On Thursday
Mccall was seen in Modesto, and on the
evening of the same day, in the same town,
Williams was taken into custody. Hearing
of Williams arrest, Mccall became alarmed
and left town.
On the trial of Williams it became material
for him to prove that Cecil and Blythers
were mistaken as to his being the man who
claimed the cattle at the latter's ranch. Con.
tinuances CT the case was had from time to
time. The first application for one was made
on affidavit, setting up that George Graves
was a material witness that he was absent
that he was clerk in the Ross House at Mo-
desto that he would swear that on SUNDAY
night, October 6, 1873, Williams came to the
hotel, registered as guest. and occupied
room Of a certain number ir the hotel that
night. This, it will be observed, was the
same night that the stranger appeared at
Blythers' ranch, 20 miles away, and claimed
the cattle. On such = strong showing that
an abb could be proven, the case was con.
tinued. At the next trial the prosecution got
out an attachment for him, and had him
brought to Sacramento. and he was present
at the trial.
Minor Waldrcn is the owner of the ranch on
which the second lot of steers was found. He
is large landowner, wealthy. and at one
time represented his county in the State Lsg.
islsture. He was witness for the defense in
all the trials, and took an unusual interest in
Williams case. He it was who made the
statement of facts embodied in the affidavit
that secured the continuance Just spoken of.
The prosecution sent to Modesto and ascer.
tanned that the room which it was said was
occupied by Williams on that Sunday night,
was occupied then, and had been for a mum.
Der of years, by the cashier of the bank of
Modesto. 1t WAS also ascertained, by in.
specting the hotel register, that the name of
| Williams was forgery that some other
name had been erased in order to put Will.
Jams on.
When the case came on for trial the de.
! tense did not use Graves for witness. The
prosecution, however, called him as wit.
ness He testifsd that he was not clerk at
the hotel on the night referred to. and that
he had not seen Williams. as stated. The
| jury failed again TO agree.
On the next trial Waldron took the stand.
and under oath testified that on Monday, De-
| tober 9TH, between the hours of 0 and IL
o'clock, he had seen Williams in the town of
| Modesto, and had seen him every day there.
after until his arrest. He also swore that he
had employed Williams and man named
! Oscar Lyons to go to his ranch and get
| fly, and they did so, returning betwesn and
P NJ. Also that he saw Williams with 10
cattle didn't know Of Biggs losing any, or
Of any bsing driven On to his ranch
After Williams had been convicted and
sentenced TO the State Prison he made
confession to the officers, in which he
admitted the stealing Of the CATTLE and the
! tfuthfulness of the statements of Cecil and
| Blythels. He also stated that Waldron had
| testified falsely on every occasion that he
was told that the clttle were stolen, and from
whom and where they had been stolen. He
said that Waldron's place was known to all
cattle and horse thieves as fence, and that
Waldron among the thieves was known as a
Thoroughbred. After Williams confession
| District Attorney Buckley drew ND and
swore to q complaint charging Waldrou
| with perjury, in testifying at the trial
of Williams in May, 1881, in the So.
| perior Court of Sacramento county that he
saw Williams on Monday, October II, 1873, at
Modesto, between breakfast time and tho hour
of noon, and also that he knew nothing of or
about the stolen cattle of Marion Biggs
Waldron was arrested and brought to this
I.it- III
| to Justice Coggins to conduct the preliminary
examination. District Attorney Buckley and
| q. L. Jones appeared for the prosecution,
and W. L. Turner, of Modesto for the de.
| tense. The facts necessary to establish the
crime were shown substantially as has been
related in this article. and he was held to
answer with bail fixed at 5000, which he
| gave.
Some time since the case was called, but
was continued on some technicalities. Yes.
terdsy morning it was called again and is now
on trial. The prosecution is conducted by
| District Attorney III. l.. Buckley, Charles L.
Jones and |. s. Brown the defense by w.
E. Turner, of Modesto, and Grove L. John.
son. Several hours were occupied in select.
ing jury. At 8 P. NJ. the jury was com.
plete, and the following named citizens were
| sworn IN to try the cause: u. Ehlers George
l. Lytle George T. Bush, Joseph Steffens.
Charles Vogel. J. 7. Pike Charles w. Por.
ter. J. B. Fountain, Charles Dohn, John
| Fritch, G. M. Folger and Green McManus.
The case was opened by Charles T. Jones,
who stated to the jury tina. the defendant
was charged with the crime of perjury, and
defined what in law constituted perjury. He
J briefly sketched the history of the Williams
| snd Mccall case from the time OF the steal.
| ing Of the cattle down to the conviction of
Williams. He stated that they would prove
that st the time Waldron had sworn he saw
Williams in Modesto he was seventy miles
distant. in Amsdor county. He stated that
throughout the trials of Williams the defense
was manipulated by Waldron. He arranged
for all the witnesses and arranged the test.
mony that was to be given for the defense
also. He arranged with Williams, when the
latter was out on bail, to furnish the testi-
mony that would be necessary to secure his
| scquittal. Waldron tried to prove an alibi
for Williams, and although he peri ured him
self in doing SO, his attemp. was q failure
Wsldron testified falsely. He went upon the
stand with false and wicked heart, intend
| ing TO violate his oath in order to save from
| punishment o man he knew to be thief. Mr..
Jones, in concluding his rem srks, stated that
in tie prosecution of the case he would be COM
| palled to put upon the stand cattle.thieves TO
| prove facts relative to this matter. Wm.
| Williams, man that has been convicted of
| felony. will bs material witness in the case
| be will explain to you that the cattle ware
stolen, as is stated in the Indictment He
will tell you that he was the man that Cecil
saw. He will explain to you where he was
on Sunday, Monday and Tuesday. He will
also inform you that the cattle were taken to
| Waldron's ranch, and that he had previously
agreed to do so. He will also say to You that
| Minor Waldron purchased the cattle know
ing they were stolen, aud when and where
they were stolen. Another witness will also
testify that he overheard Williams and WAL
dron arranging with party to swear that
Williams wss registered at Modesto at the
| Ross Hotel on the day sworn TO by Waldron.
| Other witnesses will be introduced to prove
| the falsity of the statements made by Wal