The morning call., 1890-05-16
GARNESS AND ARNOLD
4 Sensational Statement of Their
Relations.
Counsel Claims That Arnold Acted in Self
Defense and That the Circulars Had
Unsettled His Mind.

When the Arnold case was resumed in Judge
Murphy's court yesterday morning the Judge
excused the jurors not on the trial panel until
Wednesday next. Mr.. Demss stated, however,
that Tie case would probably consume all of
next week.
TIE first witness was Police Oficer whalen, to
whom Arnold was turned over by Chenoweth
Just after the shooting. He was asked what
Chenoweth had said TO him at the time. but
objection by the defense was sustained.
John Chenoweth then entered the court room
aud was recalled to the stand. He denied most
emphaticaily that he had told Officer Nash that
there Was but one pistol in the room.
On cross-e1amination, he was positive in as
sorting that II could not have been a castor or q
spitoOn against which he struck his foot in
Room 4. Was positive that it was pistol, and
had so Informed Captain Lees subsequent 10 the
shooting.
THAT MYSTERIOUS PISTOL.
Ohicer Whalen was then recalled aud testified
that when he took Arnold into custody Cheno-
weth gave him pistol, and when asked il there
was another stated that there was not.
Charles Roberts, stepbroIher Of Garness, In
formed the jury that The deceased owned pls-
tol, but never carried IL. Witness saw it in the
wardrobe on the night OF the tragedy.
Frank Roberts, another stepbTotBer, corrob-
GRATED The evidence OF his brother Charles.
A recess was then taken until 2 O'Clock
" hen court was called in the afternoon Alfred
Roberts, a third stepbrother o. tie deceased,
took The stand ana testified that Garness Kept
pistol IN the bottom Of the wardrobe. When be
returned from the Morgue he went upstairs with
lis brothers and the pistol in the drawer
where It was kept He noted the number and
Identified pistol shown him by the prosecution
a. The Que seen 10 the drawer.
On crOss-eXamluatlOn he was asked why he
took notice Of the number and stated that IL was
because he believed it would some day come up
In court.
STATEMENT FOR THE Defense.
Attorney Wilson then made the opening state
ment Tor the defense. He said in substance:
The duty has involved upon me OF stating 10
you the facts which we expect TO prove. l shall
lie as b.ief as possible, consistent With the i'm
portanee OF the case. We are here to present a
ful fair and impartial statement OF the facts
which led W TO The shooting. We do not ask for
mercy, but We do ask for justice al your hands
I'VE propose TO show you first, gentlemen, that
this defendant does not belong 10 that Class
usually termed criminals But on the contrary
man, and one Of the builders Of The great State OF
California. We propose to show by scores Of
prominent citizens, who have begged to come to
ms courI-Ioom 10 testify In his behalf,
that lie was man OF excellent stand
We Will show you that the defendant came of
honor able family 10 Paris, Ky, where his father
was Tor many years an officer OF the court.
IN 1857 be came 10 California, settling In Soano
County and later on removed 10 COlusa. In 1862
We ind him working for wages as farmland,
aud by the close OF the war OF the rebellion he
mad succeeded In saving $1,000, which he sent
BAGS to his old Kentucky home to aid his aged
mother in her declining years. With varying
fortunes he continued 10 remain IN COlusa until
1875, when, by an overwhelming majority he
was elected Sheriff of the county, In which Office
he remained for four years.
And now, gentlemen will revert to an event
which may prove OF material Importance. In
1872 lie was married TO Miss Ella Blunt and IN
1874 their first child was born. In 1873 another
daughter came TO add TO their happiness
enter upon this past of my statement with re.
luciaUce, for am forced to picture a character
revolving In its details. regret that am forced
10 expose the private character of the bold, reck
less cruel man who met deserved deaf IN this
city on tie 3ULb OF January last.
A MEETING WITH GARNEss.
About three years ago MIR. and Mrs. Arnold
were IN Los Angeles, and while at tho hotel they
passed one day, 10 coming from the dining room,
young man OF stylish appearance, who ap-
preached aud was Introduced by Mrs: Arnold 10
her husband. This was tho defendants first
meeting With Samuel W. Garness. In IS8s-in
JANUARY, ihink-NiT. and mrs. Arnold took
house on Golden Gate avenue, In this city, where
they lived quietly and happily. In October of
the same year they concluded to return 10 Co
Iusa. They had been there few days when on
The street, Mrs. Arnold met GarneSs, who hap
pened TO be there al the same time. Nothing i'm
poltant marked the meeting. On the 10Th OF Oc-
aud. by strange coincidence. Garness was on
The train. The trip was pleasant one. About
the 23d Of October Mr.. Arnold went again, and
alone, to Colusa, remaining four or five days. and
on returning home found his wife in uyslerical
condition Cutched in her hand was docu-
ment She handed 1t TO her husband without re-
mark ana be read it''
Attorney Wilson here attempted to read the
circular, which she Judge refused 10 allow him
TO DO.
PLEA OF INSANITY.
Continuing, Mr.. Wilson said: eve shall show
that This circular, which L not allowed to
read, had disastrous effect upon the mind OF
the defendant.
ION The 31st of October. two gentlemen called
at the house OF Hir. Arnold In this city and
asked 10 see him. They reported themselves as
Examiner reporters, aud asked about the circu-
lar, a COPY Of which, they stated had been sent
to Iher ONCE. We Will Show that they were not
reporters as claimed, but that on the following
day there appeared short article In the Exam
rfleTf Ola "a la.Ta an of
defendant then went again 10 COlusa, and after
remaining there Two days, there came through
The mails TO him and TO other residents of
Cousa most Infamous document, which | can.
not now read. This document was received by
twenty OF Thirty of the best people OF Colusa.
This document, gentlemen. sent as IL was to his
friends, had an indescrlbable effect upon Mr..
ArDOld's mind.
"a few days later Samuel W. Garness dropped
into Colusa and cOndOled with Mr.. Arnold, vol
unteeTing his assistance In tracing the author
ship OF the circular We will show that Mr. Ar
mold believed the falsrDoOd uttered by Garness;
that his mind was in an awful state and that he
could not eat nor sleep; that he came at length
10 the conclusion that tue guilty one was third
Mr.. Green of the Colusa Sun suggested to
nj. Arnold that Garness was the author OF the
circular. Mr.. Arnold then wrote 10 Mr.. SekeTk
OF this city 70 ascertain what kind OF a man Gar
ness was. Mr.. Sekerk mstOok tie name for
GfaDness gentleman of good standing IN this
CITY, aud informed Mr.. Arnold that he was
repu able man. This disarmed his suspicious Of
in December, 1888. another circular came
through The malls. II was more Infamous than
the nrst Garness went to Arnold and assured
Ills friendship and sympathy.
UNANIMOUSLY INFAMOUS.
SIN September. 1889, a third circular which
compared with the others UNANIMOUSLY in
famous, came. aud even bis daughters name was
dragged Into this. The circular was circulated
anonymously IN Colusa and San Francisco. In
Decembrr. 1889, after the Issue or The third cir
cutaT there came to MIR. Arnold a marked copy
OF the Post which contained a resume OF the con
tents OF these circulars. In October a letter was
received by MIR. Arnold from MIR. Ward OF the
examiner, who was friend OF Garness, saying
.has tus latter, srelng copy of the circular IN
ic e Oace USED MS Influence TO prevent It's pub
ncaloh- harness would go occasionally TO
COlusa- and now and again Arnold would come
70 oah francisco. Accidentally they would meet
Saihsss would invariably revert to The subject