Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-27
THE WALDEN CASE.

Yesterday was the tenth day Of the trial Of
the Walden perjury case before the Superior
Court. According to promise an evening SEES
sion was held. The defendant was on the
witness-stand for over three hours. The case
will probably be given to the jury this even
ing. Il is understood there is but little more
testimony to be introduced, and it will prob
ably be concluded in the forenoon.
T. L. Willis, of Milton, testified that
Williams reputation was bad.
Mark Mccormack, of Calaveras county,
testified as to the character of the country,
and the distance between Vroman's corral
and the Sssnislaus river; and j. r. Flanni
gan was called on the same matter.
Mrs. Walden, wife Of defendant testified
that she saw Williams and Mackall at the
rsucd on Tuesday, but did not invite them to
breakfast, as Williams had testified.
Z. II. Maekall was recalled, aod testified
that when Williams left him at Dzais' ranch
he said he was going to Modesto, and when
he returned about shutdown he said he had
been there; thar William s business there WAS
TO dispose OF the cattle, and that his impress
sion was that Williams mad seen butcher
there.
Charles Fagaa testified that on certain
occasion when Williams came to Walden's
ranch with some csttis, be was accompanied
by his brother Thomas, and that he rad
nothing about the cattle being stolen.
Williams had testified that his brother was
not with him.
I. ?. Harp was recalled, and testified as to
the time it would take for two men TO drive
ten he ID Of cattle, such as Biges' cattle, BE-
tween certain points, the object of the testi-
mony being to show that they could have
been driven TO Modesto as Mackan had testi-
fed, and have arrived there at the time he
had stated.
r. j. McKimmon, Samuel Gates, W. P.
Crow and c. II, Crow testified TO the same
matter.
Walden, the defendant. then took the wit.
ness stand and testified that Williams never
confessed the stealing of the cattle to him
that he never entered into a conspiracy to
screen Williams or to testify falsely on his
trisl; that he never met wisd Graves and
Williams and arranged as TO Gravts' testi-
mony in the Williams case; that ne never
talked with Graves about the hotel register
or about entering Williams name on it that
ne did not put Williams name on the regis
ter that be never talked with Graves about
fixing up an alibi that he did not talk with
Lane during fair week about the sale
of ten head of cattle and Lane only
wanted g few, and never told Williams
that he had such conversation
with Lane that be never bought any cattle
or horses from Williams, Graves, or any one
else, knowing them TO be stolen that he had
bought horses from Graves, and &C auction,
some of which had been afterwards reclaimed
as stolen property, but the animals had been
10 his possession or in the neighoorhood for
long time before they had been reclaimed
that his neighbors had told him that Graves
was suspected Of not coming honestly by
horses that he had driven Graves from his
ranch that he was arrested early in the
morning before breakfast by three officers,
who would not permit him to 90 to Modesto
to see his attorney and procure bonds or send
word there that he was taken in carriage
TO Lathr1r, and was not then permitted to
telegraph to his friends, and that he was
hsndcUffed before reaching Lsthrop, and the
irons were not removed until he arrived at
the Sacramento jail that he had no CONVEX
sation with Charles Cook in the jail, and did
not ask Cook to arrange for an interview
with Williams; that he saw and ate with
Williams in the Jail, but did not speak with
MIN about the case; that he was not permit
ted to introduce any testimony before the
Grand Jury, although he had witnesses here
Nth the knowledge OF the District Attorney
that his first trial ended by a DIS
missal on a legal proposition, and none
of his witnesses were then exam
iued that he then heard warrant
had been issued for him. and he went volun-
tarily to the Justice and gave bail that
preliminary examination was at that time
waived by consent; that he did not obiiterate
or cause to be cbiitersted the entry in the
r lss House hotel register. Ths witness then
testified in regard to the time it would take
to drive cattle certain distances. He did not
have conversation with Williams ct Modesto
about the latter skipping, and did not at
any time permit any stolen cattle or horses to
remain on his ranch, knowing them TO be
such
On cross-examination the witness said he
had known Biggs by sight for some time;
that he had known Graves for over five
years that Graves had stopped on his ranch,
and he had allowed him to use a piece of
land, on which to raise potatoes that he did
not know Graves was stealing cattle, but
that he traded considerably in horses, and
represented that he owned number of
horses that he had bought three horses from
Graves, and never asked Graves where he
got them: that he never asked Graves where
he got any horses that he brought there that
lie did not recolleGs seeiog Mackall 10 Modesto
during fair week that Williams had never
stopped at his ranch, but he had been there
once before the fair week; that he did not
know Williams was thief, but believed he
was well fixed :" that he did not know the
occasion Of Williams visiting his ranch thst
he did not know how the Biggs cattle got on
his ranch.
On the cross-examiuation of W. 2. Crow
he stated that on the 10th instant he met
officer o. G. jackson and Graves, and might
have told them that he had had Graves that
day up to Walden's rooms; that he might
have said in their presence, George, let up
on the old man." but did not say, you know
what Walden said he would de-" that he
might have said TO them that ne had been
here two weeks, and that he was worth so
much money, and that he would spend airy
amount to save Walden. He did not think
he had said If, however.
The defense here rested.
C. W. Clarke, Samuel Miller Chas. Aull,
Caleb Dorsey and r. S. Carey were examined
on behalf of the prosecution, and testified as
TO the distance that cattle could be driven in
certain time, the testimony being in re
butial of that introduced by the defense on
tae same subject.
Miller, Aull, Dorsey. Sheriff Fulkerth.
Charles D DALLAS, S 2. Rogers, J. Nj. Lane
and C. C. Baker testified that the reputation
Of defendant for honesty and integrity in the
community ia which ne lived was bad.
Sheriff FuIkerth also testified that the
reputation Of the witness Thomas Sinnott for
honesty and integrity, il Stanialsus county,
was bad.
B J. Chambers, late Deputy Sheriff, testi-
fed as to re circumstances attending Wal
denis arrest. and his statement agreed with
thas Of defendant, excepting that defendant
had locked himself in his bedroom and would
not come ous exeep' ing on condition that he
should be taken 60 Modesto first, and that
sne defet dans's conduct was such that in the
witness judgment he was justified 10 resort
ing to the extreme measures which be did.
The Court then adjourned until $3.50 a. N.
today.
MHTRoPoLITAE THEATER -Leavist's Spec
ialiy Company appeared again at this theater
Lass night to much smaller audience than
the merit of the performances deserved.
There were a good many changes from the
&c A., ,4rer,icr,a rsohA and fna