Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-06-26
SERIOUS ACCUSATIONS.
w. W. CONE AND DEPUTY CONSTABLE
HARVEY POINTED AT.
Attorney Davis Declares That They Plot
ted to Rob an Infirm Old Lady
Interesting Testimony.


your Honor, if permitted will show
in this case premeditated plot on the part
of W. w. Cone, private detective of this
city, and Deputy Constable Sam Harvey,
to rob poor old woman whom they knew
had money, and who was without protec-
ton from them"
Ex-Judge G.. G. Davis thumped the desk
before him vigorously with his fist as he
gave vent to this sensational accusation in
Justice of the Peace Henry's Court yester-
day afternoon. Charles n. Post, the attor-
ney on the other side, objected, and Justice
Henry sustained him, remarking that such
charges would not bear materially on the
case at issue.
The case was civil action brought by
Deputy Constable Harvey for the recovery
of 1926 from Mrs. Elizabeth Ray, which
amount he alleged was due him for serv-
Ray from March 21st to May 23d of this
year. On the witness stand Harvey testi-
fed that in March last he met Mrs. Ray
and w. W. Cone on Sixth street. Cone
hailed him and informed him that Mrs.
Ray was being annoyed by some young
hoodlums in theneighborhood and wanted
somebody to protect her. He Cone could
not afford to take the job, but suggested
that Harvey might take it. Harvey says
he accepted the position, with the under
standing that he was
To RECEIVE SIS DAY
For his services-outside of his duties as
Deputy Constable. From that day on he
managed to drop around in Mrs Rays
neighborhood several times day and also
each evening, but never caught any OBJ
streperous hoodlums, nor did he see any,
thing out of the way going on. Finally,
the witness continued, Mrs Raw moved out
OF the neighborhood and he considered his
services at an end. He made out his bill
for $3l5 and presented it to Mrs. Ray. Upon
the latter's positive and very emphatic re-
fusal to pay it he knocked off enough of
the amount to bring the case within the
jurisdiction of the Justice Court and
then brought suit
Under the vigorous cross-examination of
Mr.. Davis, Harvey admitted that he con-
sidered the job pretty soft one, and ne
was sorry when it ended.
Now, sir" said Mr.. Davis, why did
you quit that job?"
Because she moved away" replied the
witness.
And that was the only reason ?''
Harvey's attorney objected, and Mr..
Davis again reiterated his charges of plot
ting to rob on the part of Harvey and
Cone. He declared that S. day was more
than Harvey had earned per day at any
time in the past fifteen years, and that if
he were honestly employed by Mrs. Ray
he would not give up the job without in
structions from her.
Harvey, under further cross-examina-
ton, admitted that he had never reported
progress to Mrs. Ray in the two months
time he stated he was in her employ;
neither did he call on her for any money
Judge Henry interrupted the examine
ton at this point to demand of Harvey if
there was any contract at all between him
and Mrs. Ray.
THE JUDGE WAVES wRoTH.
The witness proceeded to tell his story
over again, but Judge Henry declared that
SUCH evidence was not sufficient. ''If you
can't give any better evidence than that
I'll have to drop the case right here" said
the Judge, getting q trifie excited. II
don't want anything covered up in this
case" he added
Attorney Post came to Harvey's rescue,
and endeavored to explain to the Court
that the witness had naturally an off hand,
roundabout way of telling q thing, and
that he was not hiding anything.
Judge Henry then tried again to get some
definite information regarding the alleged
contract from the witness, but he was un-
successful again.
''Did she ask you to watch her house?"
asked the Judge.
.'She said she would pay S. day." re-
Pay who?"
"Well, she was talking to both Cone and
me-"
who did you think she hired?"
Il thought she wanted me-"
so you engaged yourself on that under
standing, did you?"
"Yes."
Harvey was then excused from the stand
and w. w. Cone was called. He corrob-
GRATED Harvey in nearly all of his state
ments and was subjected to a red-hot cross
examination from attorney Davis, similar
to that directed at Harvey. Mr.. Davis
wanted to go into some particulars not ex-
actly connected with the case, but was
headed of by attorney Post Mr. Davis
persisted, and again declared that if per
mitted he would expose plot on the part
of Cone and Harvey to rob his aged client.
The Court, however, overruled him.
AT the conclusion of Cones testimony
Mr.. Davis moved for nonsuit, claiming
that the plaintiff had failed to show that
there was any contract between him and
the defendant.
Judge Henry denied the motion, saying
that he desired to hear the testimony of
Mrs. Ray, the defendant The latter, who
is feeble old lady y years of age, there
upon took the stand. She testified that
Cone had been DIGGING her for the past
two years endeavoring to insinuate himself
into her employ. Regarding the Harvey
matter she declared that she had never
employed him, and did not know that he
ever claimed to be in her employ until he
presented his bill. She had told him and
Cone once that she would pay them five
dollars for every hoodlum they would ar
rest and have convicted who was guilty of
throwing stones at her house, but she had
never dreamed of employing a steady
Waterman.
When the case was submitted to Judge
Henry he promptly gave judgment against