Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-02-04
The Prosecution Not Satisfied With the
Cou:<s Ruling.

Court Ruling.
Copyright 1888, by Ia Cal for7,ia A;socialod Pres
SANTA Rosa, February 3d.--The prosecu-
ton in the Morrow case are dissatisfied
with the rulings of Judge Rutledge,
which they consider errors, in the nom
admission of certain testimony, such as
ruling out the affidavit OF Juror Woods,
etc.
Morrow continues to board at the Grand
Hotel, but lodges at the expense OF the
Taxpayers. When the Court is not in ses-
sion Morrow and his escort are moving
actively from place to place.
Last evening q Deputy Sheriff allowed
Northey 10 leave jail and escorted HIM to q
house, then to q restaurant they returning
to Jail about o'clock in the morning.
Large numbers of friends of Morrow
came Up on the train this morning.
The Court reconvened at 1U:45 o'clock.
After delay of fifteen minutes Mr.. Hayes
said that subpenas had been sent by an
officer to San Francisco yesterday for two
witnesses. No returns had yet been re-
ceived. He was willing TO rest the case if
allowed to put these two witnesses on the
stand subsequently.
The attorneys for the defense consulted,
aud Mr.. McAllister refused TO make any
agreement.
Mr.. Hayes asked the privilege of the
Court. The witness was not heard of IN
III yesterday morning, and the most ex-
pedltlous manner of serving had been
adopted.
Mr. McAllister said that there was no
showing, except the statement of Mr..
Hayes, which is unsatisfactory.
Judge Rutledge-They merely ask an in
diligence.
Mr.. McAllister-If the prosecution rests,
we ask for a recess of fifteen minutes to
discuss a matter when the jury is not
present.
The jury was excused for fifteen minutes,
and Judge Rutledge and McAlliste retired
to the Judges chambers for consultation.
AFTERNOON SESSION.
When the Court reconvened this after
noon John F. Clark, Superintendent of the
Central-street Railroad, was the first wit
ness called for the defense. He testified
that he saw Woods at the Office of the
Superintendent of the Sutter-street Rail
road on the morning of May 5, 1886, and
heard McCord say he did not want to have
anything to do with him.
On cross-examination witness memory
was shown to be very defective regarding
the dates. He COMPOUNDED weeks, months
and years.
John Reynolds, of Los Angeles, who was
Superintendent of the Geary-street Rail
road during the strike of December, 1856.
was introduced to show that the expenses
that Morrow wanted the Directors of the
road to reimburse him for were legitimate
and were incurred by the employment of
police officers and detectives during a criti-
cal period. His testimony tended to that
end.
Adam Grant testified that Morrow spoke
to him about being reimbursed for ex-
perses to which he had been put
A. X. Stevens was the last witness called
for the defense. Hall McAllister asked
question that tended to bring out the ma
lice that jim McCord entertained for Nor
row when be appeared before the Grand
Jury in San Francisco to have Morrow in
dicted.
Objection was made and sustained.
The defense here rested the case.
Hayes asked that the agreement between
counsel, that the prosecution be permitted
TO reopen the case upon the arrival of Judge
Edmunds and Chute, be complied with,
and recess was taken till 7:30 o'clock to-
night, TO give the witnesses an opportunity
to arrive.
THE PROSECUTION FLooRED.
On reconyening Edmunds was present,
but Chute has not been found.
Hayes said Edmunds was not in posses
sion of such information as he thought he
possessed, and the people rested the case
BY agreement of counsel, both sides were
limited in argument to two hours each,
and the Court adjourned till o'clock to-
morrow morning.