The record-union., 1892-10-11
PROOF OF INSANITY.
Witnesses Still Testifying as to PAIN
er's Strange Actions.
Evidence as to the Effect of the Perse-
cutions by Senator Fair
and Ph1eger.

The trial of II. J. Palmer, charged with
numbering Charles Phleger, was resumed
before Judge CARRIER and the jury in De-
partment Two of the Superior Court
yesterday.
| AS usual, there was very large attend
ance all day. Palmer sat i'll his accus-
| toned place with his attorneys, wife,
father and other relatives. He seldom
utters word during the trial, not even
consulting with his attorneys, but sits
quietly, listening to every word of the
! testimony.
PUZZLED THE JAILER.
! Police Officer Frank White was first
called. He was at the City Jail when
Palmer was brought there for disturbing
the peace, some time before he shot
Phleger. When brought in be appeared
to be sober. He was very much enraged
at being apprehended. Witness did not
| know what to make of him, and remarked
at the time that Palmer was either drunk,
crazy or a fool Later in the evening he
! was released.
w. E. Horde, real estate agent from
| PaSo Robes resided in Woodland dur
! ing the trouble between Palmer and
Senator Fair. He knew both Phleger
and Palmer. at one time he saw Phleger
pacing up and down on the sidewalk III
front of a clearinghouse III Woodland.
! Witness stopped and asked what was the
matter. Phleger informed him he was
waiting for Palmer to come out, and
when he did he would give him a good
| logging. He said Palmer and his wife
! We're III the building.
| THOSE PROSECUTIONS.
| Frank Z. Baker, the Woodland attor-
! ney, was the next witness. He was in
| tereSted in the suits brought by Senator
Fair against Palmer, which were COM
menced in 1889. The first was an attach
ment against Palmer and Phleger and
another repleyin suit against Palmer;
third was for damages. Several Grim
inal prosecutions were preferred against
| Palmer in December, 1889. Mr.. Baker
represented Palmer in the criminal
charges. During the examination at
| Dixon, where one of the complaints was
| filed, an alteration occurred between
! lawyer Clark, representing the defense,
and attorney Craig, for the prosecution.
| 1t looked for awhile as il it would end Sc
riously. On the following day the JUS
| tice before whom the examination was in
! progress said that in the view of the trou-
| bic the day before he would make an Or
| der that all persons interested in the case
|
| might have about them to the Constable.
| Immediately there was a hasty exodus
| from the room of the prosecuting wit
nesses. Witness did not know whether
| Phleger was among the number or not.
| Phleger took very active part in the
! prosecution, and was q constant ally of
Senator Fair. At the commencement of
the suits Phleger pretended to be a friend
| of Palmer. He came to Mr.. Bakers Of
| flce at one time and denounced Senator
| Fair in the severeSt terms. AS the trial
progressed an open breach occurred be-
tween Palmer and Phleger. The latter
was appointed keeper of the Monument
ranch at the request of Palmer, who re-
garded him as his friend. Afterwards
| the witness noticed a growing GOODNESS
| between the two men. Open hostility be-
tween Palmer and Phleger dated from
| the time when the former petitioned for
the removal of Phleger as keeper of the
attached property.
BROKE HIM DOWN.
! Continuing, Mr.. Baker said that the re-
| lentless manner in which Senator Fair
and Phleger pursued Palmer told heavily
! upon the latter. lie had but little money,
| and that there were so many suits that it
| would be impossible for him to meet the
| expenses. He became very gloomy at
| times, and was often in tears. He be-
came neglectful and frequently broke his
|
! before the suits were commenced, but
witness could not say whether Palmer
was insane or not. He appeared to lose
his power of grasping the details of facts
| and the analysis of them. He appeared
| to grow in unreliability. He also COM
| planned that his mind was oppressed and
that he could not sleep.
During the progress OF the examina-
ton Of Mr.. Baker a question arose as to
the admissibility of testimony, and in rul-
| ing upon it Judge CARRIER stated that it
was his policy to adopt the modern way
| OF conducting criminal cases, which was
| to admit all testimony on behalf of the
defendant, the competency and relevancy
of which was questioned, and excluding
| only that which was clearly against the
rules of evidence. This rule had been
adopted in San Francisco, and it had
| avoided much unnecessary litigation by
giving the prisoner no footing in the Su-
| preme Court.
! Recess.
Afternoon Session.
| Mr.. Baker was cross-examined in the
afternoon at considerable length by At
torney Jones.
Laurence Snee Of Woodland testified
that during the trial OF one of the suits
against Palmer he saw Phleger have two
pistols. 1t was one afternoon, in the back
yard of the Byrnes Hotel. The witness
met Palmer little while afterward and
told him to look out for Phleger. Palmer
said he was well aware OF that" The
only person the witness told about the
| pistols was Mr.. Doolittle of Woodland
Alter Phleger came out of the yard he
followed Palmer down the street.
James Doolittle, who, with his father
| keeps the Byrnes Hotel, at Woodland. was
the next witness. He told of an occasion
when Palmer was stopping at his house
That Phleger called and asked the witness
togo to Palmer's room and tell him he
| wanted TO see him. Palmer refused to
leave his room, and Phleger sent the wit
ness back second time. Mrs. Palmer
! Gid not want her husband to 90 down
| stairs and the witness advised him not to
go, too. Phleger was then informed that
Palmer would not leave his room. PILE
ger said he would coup to the room. only
he did not come TO talk to Palmer in the
| presence of his wife. He seemed to be
angry.
EXPECTED TROUBLE
s'Why did you advise Palmer not to 90
down stairs?'' asked Judge CARRIER.
well, knew something about the
case" replied the witness, land know
ing that there was not good feeling be-
tween Palmer and Phleger, I did not
want TO have any trouble in my house."
! The deposition of Frank j. Fay was
next read by Attorney Stone He is a
farmer who lives up the river about tif-
| teen miles, and is sick in bed. He deposed
that he took Palmer up to the latter's
ranch in boat not long ago, and when
| off Mike Bryte's place he wanted to
jump overheard. When Larry Burns,
! who was also in the boat, tried to stop
/ Palmer, the latter struck him between
i the eyes with soda bottle. Palmer
seemed perfectly rational when thew
started out. and this spell came on sud
denly. Half an hour afterward Palmer
was all right again. The boat rocked so
q he = :,