Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-12-29
The Evinger Case.

On Wednesday last the prosecution in
the Ida EYinger case announced that they
had put in all their evidence.
c. T. Jones, of counsel for the defense,
then moved that the defendants be dis
charged, claiming that neither of the
charges alleged in the complaint, nor any
other crime known to the law had been
shown by the testimony for the prosecution
to have been committed, and said he de-
sired to argue the motion. 1t being quite
late in the afternoon. an adjournment was
had until the 9th.
The case was called promptly at . A. NJ.
Saturday. Charles I. Jones made the open
| ing speech for the defendants, in support of
his motion He spoke for nearly two hours,
| critically reviewing the testimony of all the
witnesses, particularly that of the alleged
outraged girl. He read many decisions of
the Supreme Court Of this and other States
in support of his claim that neither of the
| charges in the complaint had been COM
mitted. He said the testimony of the girl
was so full of apparent impossibilities, that
it of itself should be sufficient to warrant
the discharge of the defendants. He said
If the motion was not granted the defense
| would be compelled to attack the girls
character, which they did not wish to do
Grove l.. Johnson replied in speech
Of nearly three hours duration. He said
| the motion should not be dismissed, be-
cause counsel for the prosecution threat
ened to attack the character of the prose-
cUting witness. If they could prove that
| she was a wanton, destitute Of morality,
integrity or virtue he wanted them to do
it. He dared them to proceed, to do their
worst, and the very moment that they
proved that she was bad girl before she
| came 10 Sacramento on the 10th of October
| last, at that moment would he Withdraw
| from the suit and have the case dismissed.
He claimed that theSRosecution had made
a strong case; that the testimony of the
witness they wished to break down was
| fully corToborated in the most important
particulars by that of two sworn officers of
| the law-Cafferty and Rider. lie claimed
! that the defendants were not only guilty of
the two charges mentioned in the com
| plainh but evidence was in sufficient TO
hold them under charge of battery or
conspiracy. He read from many decisions
! to fortify his argument.
General Hart made the closing argu-
ment He said the prosecution was a perse-
cution He would not deal in sentimental
ism, but appeal to the Court for legal de-
cision He said the prosecution were
dragging in half Of the crimes known to
| the law, in the vain endeavpr 10 get some
[ thing that would hold the defendants. 1t
reminded him of the old story, OF drown
ing man grasping for straws. He reviewed
the testimony at length, and also the argu-
ment made by Mr. Johnson. He said the
prosecuting witness was not the simple
| guileless and nonsensical mountain maid
that counsel for the prosecution would have
| the Court believe She was not a silly girl
but what he would call a very intelligent
witness. He then referred to some of her
testimony, which was contradictory, and,
he declared, must be held to be false. If
she testified falsely in one particular. she
would in another. False in one thing
false in all He spoke for nearly two
hours.
At the close of his speech the Judge said
he had listened attentivelyt TO the argument
and had decided TO deny the motion The
case was then continued until to-day, at 10
A. NJ, when the examination of witnesses
for the defense will be commenced.
| GIRARDs piano store, corner Seventh and
/ / Straets, LARGEST stock in the CITY