Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-04-13
PERJURY SOMEWHERE.
CONFLICTING TESTIMONY In THE
HARLOW CASE.
The Defendant Tells His Story OF
The Land Transaction-Spat
Between Lawyers.

The hearing OF the charge against w. Z
Harlow of obtaining property from Mrs
Martha e. Smith under false pretenses
was resumed before Justice Devine yester-
day morning.
The prosecution first offered in evidence
certificate from the Register of the Gov.
eminent Land Office in this district, show
ing that the land decided by Mrs. Smith to
Harlow was originally obtained from the
Government and a patent duly issued
therefor. This was offered to show clear
title to the property in question.
The prosecution here rested.
Mr.. Hart, for the defense, moved to
strike out all the testimony regarding an
alleged verbal agreement between the de-
fendant and plaintiff by which Harlow was
to convey certain tract of land in Placer
county to Mrs. Smith in exchange for the
deeds passed by her to Harlow.
The motion was oyerruled for the pres
emf, and defendant excepted.
Attorney Joseph w. Hughes was the
first witness called for the defense. He
testified that on the 4th of February last.
Harlow, Mrs. Smith and George H. Smith,
her present husband, called at his office TO
execute certain instruments. Two deeds
were made by Mrs. Smith for Harlow. to
property in Ell Dorado county. Witness
testified that he was requested to make out
these two deeds, and to his knowl-
edge nothing was said about any other
deed or deeds. Witness related what &C.
Cured and what was said by the
parties in his Office. Harlow expressed his
satisfaction with the title to the Ell Dorado
property. There was very little said during
the transaction. Harlow paid Mrs. Smith
500, and something was said about his
paying her 5000 more on his visit to Ell
Dorado. Something was said about some
money being due from Mrs Smith On a
team and wood contract and about Harlow
paying the same out of the balance due
complainant. The consideration stated for
the two pieces of land was $500. Nothing
was said about any other deed. Mrs Smith
remarked 10 Harlow g You've got cheap
piece of land" and he replied, g 1t won't
be after ! pay the mortgages on it, As
the parties left his Office witness heard some
conversation between them, but nothing
was said in reference to any transaction
other than the deciding of the Ell Dorado
property. Heard nothing said about any
consideration other than the $500. The
parties were in hurry to conclude their
business, being DESTROYS of taking a certain
train.
Cross-examined by Hiram w. Johnson,
witness denied that he had stated to John
son, Albert NJ. johnson and John A. Shee-
han on the preceding day that he did not
know ID thing about the case. Wit
ness denied that he met the parties at his
office, on the occasion referred to in his di-
rect examination, by previous arrangement
with them. Witness remembered that
something was said in his Office by Mrs.
Smith about not wishing Mr.. Alsip to get
hold OF the property in Ell Dorado county.
The parties left the Office of witness before
the certificates of acknowledgment were at
tached to the deed, and Harlow waited be-
hind to receive them.
On redirect examination witness re-
peated that he had no recollection of tell
ing the Messrs. Johnson and John A. Shee-
han that he knew nothing about the case
He had asked the Messrs. johnson why he
was subpenaed as witness, but did not
then say that he was ignorant of the facts
in the case.
AT 11:30 recess was taken till o'clock
P.M
MRS. SMITHS CHARACTER ATTACKED.
On reassem bling, the defense placed o.
Harvey, policeman, on the stand. Wit
ness testified that he had known Mrs.
Smith for twenty years or more.
By Mr.. Hart-Duripg that time have you
known her general reputation for truth,
honesty and integrity.
Objected to- and objection overruled.
Witness said her reputation was bad do
not know what her reputation now is.
He was asked if he would believe her
under oath. and the prosecution objected.
After some argument, the Court over
ruled the objection.
Witness replied, with some hesitation,
that he could not say whether he would
believe her or not. Finally he concluded
that he would not.
On cross-exemination witress said he
had known very little of Mrs. Smith of
late years, except from hearsay. Since
witness knew her in Gait, he has not
known where she lived. Am quite friendly
with Mr.. Harlow; could not name anyone
except residents OF Gait who had talked
against ner. Witness then mentioned
Messrs. McKinstry and Phillips, of Gait, as
persons who had talked against her.
WOULD BELIEVE MRS. SMITH.
Deputy Sheriff Coggswell, formerly of
Gait, testified to having known Mrs. Smith
for ten or twelve years. Her reputation
was bad, but he would believe her under
oath, even in case in which she was inter-
ested.
To the Court witness repeated his state
ment that he would believe her under oath.
B. B. Brown, proprietor of the State
House Hotel, testified that Mrs. Smiths
general reputation was good, as far as he
knew had never known anything deroga-
tory to her character knew nothing about
her reputation, and did not tell Harlow
that he knew it TO be bad.
SOME WHO WOULD NOT.
John W. Sheppard testified to having
known Mrs. Smith about five years, and
knew her reputation to be bad; would not
believe her under oath in a case in which
she was interested.
On cross-examination witness said he
had not known of her during the past two
years. Some years ago had business diff
Guilty with Mrs. Smith; knew of her repu-
tation from hearsay witness Harvey is one
of the persons whom witness had recently
heard speak i'll of her.
J. D. Lockhart, stable-keeper testified
to having known Mrs. Smith since Febru-
airy last, and that her reputation was bad.
He would not believe her under oath.
On cross-examination witness said he
knew nothing of the lady prior to Febru-
airy last Had an unsatisfactory business
transaction with her. In February last
hired TO her horse and buggy to go to Ell
Dorado. The horse was driven too hard,
the buggy broken, and the bill therefor had
not been paid. Have heard Messrs. Kill
gore and Harrington speak i'll of Mrs.
Smith. and others.
T. n Foote, barkeeper at the State House,
testified to having known Mrs. Smith q
year and half; did not know her reputa-
ton except from hearsay; it is bad. He
would not believe her under oath In q case
in which she was interested.
On cross-examination witness said he
had had business transactions with Mrs.
Smith; had talked with several persons re-
gardipg her reputation; borrowed $40 of
her husband last winter, but had settled it
with him.
Ralph Niles. Gait butcher, testified that
he had known the complaining witness
several years: thought he knew her reputa-
ton, and it was not very good; there had
been some talk about her; did not think he
would believe her under oath in a case in
which she was interested.
On cross-examination witness said Mrs.
Smith owed him a bill; had not known
about her for the past two years; had heard
her reputation considerably discussed:
could not remember about having an alter
cation with Mrs. Smith.
DISTRICT ATTORNEY RRUSER
Being called, testified TO an acquaintance
with Mrs. Smith for some three years. had