Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-18
THE WALDEN PERJURY TRIAL.

The trial of Miner Walden, Of Stsnislaus
county, indicted for perjury by the present
Grand Jury, was called for trial in the Su-
perior Court on Tuesday. The perjury con-
sists in certain testimony which was given by
defendant on June "a, 1880, in case in
which one VIM. Williams was on trial for
cattle-stealing, and in which Walden testified
that Williams was in Modesto, VIXEN he
really was in Amador county, the fact being
material in the trial of Williams, as if
Walden's statement was true, then Williams
would have established an abb. The cattle
were stolen from the ranch of Marion Biggs.
Jr., near Georgetown, in this county, and were
found on Walden's ranch in Stanislaus coun.
ty. The history of the capture of the thieves,
their conviction and commitment to State
Prison, is well known to the public. Walden
is large and prominent land owner, and at
one time represented his county in the State
Legislature. Walden was placed on trial for
the crime of perjury il the Superior Court of
this county on September 18th of last year,
but the trial was brought to sudden terrni-
nation by the introduction as testimony OF
the Williams indictment, In which he was
charged with stealing nineteen steers and one
COW, while the indictment against Walden
alleged that twenty steers had been stolen.
On this technicality the jury was dismissed
from further consideration of the case. and
the defendant held to answer before the next
Grand Jury. The date on which this alleged
perjury was committed was in May, 1881, at
the second trial of Williams, and to prevent
Walden from escaping on the plea Of 'once
in jeopardy" he was indicted for perjury
alleged to have been committed on the first
trial of Williams. The prosecution is con-
Quoted by District Attorney John T. Carey.
G. 7. JOKES and 1. s. Brown. w. Z. Tur-
ner, of Modesto, and Grove L. johnson ap.
pear for the defense.
When the case was called on Tuesday
morning, counsel for the defendant made
motion for continuance, based on the absence
OF material witnesses. Pending the motion
the Court took a recess until yesterday morn.
ing. In the interim one of the witnesses ar
rived, and the motion was denied as TO the
others. A large portion of the day yesterday
was occupied in obtaining g jury, the venire
of seventy jurors being nearly exhausted be-
fore the panel was filled. It was noticeable
how many of the venire had served as jurors
in some one of the several cases which grew
out Of the cattle stealing.
The first witness called was Deputy County
Clerk Hamilton, who testified to the finding
of the Williams Indictment, and read the
record of the Court, which showed that he
had sworn Walden as witness in the case.
Court Reporter Davis was next sworn, and
testified by reading his notes of the testi-
mony given by Walden in the trial of Will
Jams.
Counsel for Che People then proposed to
put William Williams, defendant in the
former case, now in Jail and under sentence
to the State Prison, on the stand for the pur-
pose of proving that the matters testified to
by Walden, and on which this prosecution is
were false.
Defendants counsel objected to this testi-
mony because il was not admissible under
this indictment, and they claimed that the
Indictment is not specific enough in its allega-
tions to admit this testimony being given.
Pending the argument on this objection, the
Court adjourned until this morning at $50
o'clock
Oscar Lyon was also indicted for perjury
in the same case, and will be called for trial
at the conclusion of the present case.