The record-union., 1891-01-23
SERIOUS ACCUSATION.
A Witness in the Gardner Case Said
to Have Been Approached.
Attorney johnson Scouts Tt, but the
Witness was willing to Testify
Fight for Delay.

There was bit of sensation in Su-
perior Judge Van Fleets Court yester-
day when the case of Daniel Gardner, the
wood-dealer, who is charged with having
criminally assaulted little Lizzie Cox,
was called.
Grove L. Johnson, who, with S. s.
Holl, represents Gardner, asked for con-
tinnance of the case until a certain ma
terial witness named Rich could be found.
Mr.. Johnson read an affidavit sworn to
by Gardner, to the effect that he believed
ne could find this witness, if given time
to do so. A subpoena had been issued for
Rich, and sent over to Yolo county,
where the man was supposed to be, but
the Sheriff of the county had been unable
to lind him.
WITNESSES TAMPERED WITH.
District Attorney Ryan objected TO the
continuance, on the ground that the de-
fense had not shown diligence in the en-
deayor to produce this material witness.
MIR. Ryan intimated that he was anxious
to try the case as soon as possible, be-
cause he had been reliably informed that
Gardner or his agents, had made APP
proaches to at least one of the witnesses
for the prosecution, and he feared that
the others would be tampered with.
Attorney Johnson denied vigorously
the imputations of the District Attorney,
and said that whoever gave Mr.. Ryan
such informationlied wilfully.
Mr.. Rryan retorted that he would put
the witness, who had been approached,
on the witness-stand, if Mr.. Johnson de-
sired to hear more.
Judge Van Fleet however, interrupted
further dispute between the attorneys,
and Irefused to grant the continuance
QGl-aG lAy Ia
that the trial proceed at the afternoon
session.
SOME MORE LIGHT.
In the afternoon it leaked out who the
tapered-with witness was.
AS soon as the jury in the Moynahan
,ase went out to deliberate, the Gardner
case was called up again, and Mr.. john
son made another motion for a continu
ance. He produced another and q more
voluminous affidavit by Gardner, which
related how absolutely necessary the wit
ness Rich was to the defense, and reas-
serted that every effort had been made TO
have him in court.
Attorney Holl was sworn and he told
how necessary it was to have Rich
present, too.
Mr.. Johnson stated, as a further reason
why n continuance should be granted,
that he had only been recently called into
the case and was as yet unfamiliar with
the facts.
District Attorney Ryan objected again,
but this time Judge Van Fleet was in
clined to be more lenient, and granted q
continuance until Monday, February I'd.
In notifying the witnesses for the prose-
cution TO be present on that date, Judge
Van Fleet admonished them to avoid any
and all persons who should desire to talk
with them about their evidence. FL told
them to report to him Immediately
should any such attempt be made.
These remarks caused Mr.. Johnson to
recolloct the discussion he had with Mr..
Ryan at the morning session, and he de-
manded to know more about that tamper-
ing business.
THE MOTHER WAS THE ONE.
''All right said District Attorney
Ryan, rising to his feet quickly. Then,
turning to the mother of the little Cox
girl, he said, Mrs Cox, take the witness
stand, please"
Mrs. Cox was sworn to tell the truth by
Clerk Jones, and given q seat on the wit
ness-stand.
''Mrs. Cox, has anybody been to see
you in the interest of -"
Hold on, gentlemen interrupted
Judge Van Fleet, Il cannot allow this
examination to proceed here in the court
room.'
The Judge then explained that many
persons whose names were on the term
venire, and might be called upon to
act as jurors in the Gardner case, and
therefore it would be highly improper for
them to hear Mrs. Cox'S statement. lie
stated that at some future day he would
hear Mrs. COX'S statement in his cham
bers.
The spectators, who had been worked
up to quite high pitch Of excitement in
anticipation of some startling develop
ments, murmured with disgust and dis
appointment.