Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-09-25
A IN COURT.
Young Webber Swears He was Bribed by
an Officer and a Lawyer.

At 9 P. NJ. yesterday the case of The Pec-
pie VS.. Weber was called in Justice Posts
, Court. On the 18th day of August the
town of Folsom was almost entirely de-
stroyed by fire. Some days later Henry L.
Weber, a young man said to be haif-wlt-
| ted, was arrested and charged with arson.
He had a preliminary examination before
q Justice, who held hin to answer to the
Superior Court. After being in jail for
some weeks, the boy agreed to go into Court
and plead guilty, and at the same time
swore to a complaint, charging his father,
Charles Weber, with the crime of burning
property insured, with the intent of de-
fraudiDg the insurer.
The defendant was in Court with his at
torney, Grove L. johnson. The prosecution
was represented by District Attorney Buck
ley and T. c. Van Ness, of San Francisco,
representing the Phoenix and Home lnsur-
ance Companies.
The Justice called the names of the wit
nesses that had been subpenId in the case,
thirty-six of whom were present.
After the reading of the complaint, and
the agreement upon the part of the attor-
neys, that the property destroyed was in
sured in the Phoenix and Home Insurance
Company for $500, the prosecuting wit
ness, Henry Weber. was placed upon the
stand. He is quite young, perhaps 22years
| of age, of slight build, and does not look as
though he had much strength of character.
He was confused when he took the witness
stand and saw his father, whom he had
charged with so serious a crime, sitting op-
posite him. In answer to questions by the
District Attorney, he said: My name is
Henry Weber. The defendant is my
father. At the time of the Folsom fire |
was living with him. l recollect the fire
very we'll"
Question-What property was destroyed
in that fire?
Answer am not prepared to answer
the question as to what property was de-
stroyed. | want to talk to my father first.
Mr.. Buckley would like to nave you
answer the question.
The Court-Answer the question.
Witness-I would like to have q talk
with John House and my father first. |
did not know | was going to be called here
to-day as a witness. If | am called upon
for the truth will tell it.
Mr.. Buckley-Has anyone been talking
to you about this case to-day?
Witness-No, sir; no one has talked to
me about the case. No one was in the Jail
to see me except Mr.. Irvine.
The Court-You have sworn to q COM
plant charging your father with crime.
Witness (rather excitedly)-Yes, sir and
| was bribed to swear hat way. They
told me l should go up and plead gully.
Mr.. Buckley-Well, if that is the case,
we don't want to let any guilty man es-
cape. Who do you charge with bribery?
Witness-John Estabrook is one man
and John McComber the other. McCom-
Der came in and said he paid my board for
two weeks. He asked me 10 plead guilty
-- r.l1~ ala I.~@ 7
would not. He then threatened not to pay
my board any longer. He told me l
would go to the State Prison for thirty
years unless l swore against my father. If
/ did swear against my father would get
off for a year.. That's what he told me.
He said to me. "If ! can get you of for
two years, you plead guilty" He kept
talking to me this way all the time. That
complaint is not true. 1t is false; Nc
Comber put me up to it. l never was in
Court before. l did what John wanted me
to do, and it is not true. The complaint
against my father is a lie.
The Court don't think l want to hear
any more evidence in this case.
John McComber, who was sitting at the
elbow of the District Attorney, arose and,
addressing the Court, said he would like to
have the privilege of setting himself right.
Grove L. Johnson objected to further
proceedings in that direction. The only
thing before the Court was the complaint
against the elder Weber. Mr.. McComber's
reputation was not in the case.
Mr.. Van Ness asked the privilege of ask
ing the witness some direct questions, and
the request was granted, and in the COLO
guy that ensued the following was clio
tied
81 was living in the shop with my father.
In the afternoon l was with Mr.. White, in
Zimmerman's saloon. Had been there
about ten minutes when l heard the alarm
of fire. Just prior to that Mr.. White had
been in the shop with me. When | went
out | locked the back door. l don't know
where the fire broke out. l rushed to the
house and tried to save my clothes. | also
tried to get my watch, which hung in my
room, but could save nothing. | never adj
mitted to any one that | set fire to the
premises. Some one had bad feelings
against me, and had me arrested two days
afterwards. l think it was Miller. l did not
tell any one that | lad set fire to it, that /
remember OF. Inever intimated even to any
one that l set the fire. McComber and
Estabrook asked mt to plead guilty. They
said | would get thirty years if / did not
and only one and a half or two if | did.
Very nearly two weeks later they asked me
to criminate my father. | nave had no
conversation with my father since. My
brother called at the jail to see me. | have
not seen my brother ince | charged my
father with crime. +. c.. Irvine called at
the jail to see me this morning. | have
known him for six years. l sent for him
as | desired to talk with him on private
business. | wanted to ask him whether |
should swear falsely against my father or
tell the truth. | told him all about the
lob that McComber and EStabrook had put
up on me; how they wanted me to plead
guilty and then swear falsely against my
father. Mr.. Irvine advised me to come
out ~suuarely and tell the truth. | told him
that what | swore to about my father was
not true. did not do anything, | did not
know anything, only what they told me to
do, and thai was what / did. They saidif L
pleaded guilty and eliminated my father |
would get a lighter sentence. | never had
any trouble with my father. l worked for
him in the shop. He told me if | would
work for another year he would set me up
in a shop at Auburn. Some time before
the fire he told me that business was dull,
he was not making much, but did not say to
me that if the placed burned down he would
get insurance money enough to buy me q
shop or a farm. There was an ordinary
fire in the kitchen stove where we had
cooked our dinner. The last wood | put
III was aDOuC IL ClOCh. L never ldlheu
with my father about the insurance, except
two or three days before the fire he told
me that the insurance was 81 600 on the
house and 81, 500 on the stock. l thought
nothing of this because had charge of his
papers it was IN ordinary business re-
mark"
Mr.. Buckley-After your preliminary
examination at Folsom, in 4 conversation
with Mr.. McComber did You not tell him
that unless your father helped you you
would make il hot for him?
Witness-No, sir l did not.
Mr.. B~uckley-Then you now deny that
your father induced you or asked you to set
fire to the building?
Witness-Yes, sir l { deny it.
Mr.. Van Ness-Were you his salesman ?
Were you acquainted with all his business
transactions. and did you know all about
his insurance?
Witness-Yes, sir. / run his shop for
two months while be was in the East.
Liter a lot more similar testimony. on
motion of Grove L.. Johnson, the defendant
was discharged and his bondsmen exoner-
ated