The record-union., 1892-10-07


Phleger, attracted an unusually large
crowd of spectators to Department Two
of the Superior Court The details of the
prosecutions evidence regarding the
tragedy were familiar to the public, hav-
ing been gone into at the inquest and at
the preliminary examination, but the ma
ture OF the defense, except generally that
it was to beinsanity, was not known, and
many people were anxious to hear the
evidence.
ATTORNEY HART'S OPENING.
AS soon as court had convened A. l..
Hart made the opening statement to the
jury for the defense. He consumed the
entire forenoon. The attorney said they
proposed TO go deeply into the case in
order that the jury might grasp the entire
sltuation-eyery influence that helped
10 bring Palmer into a condition
that rendered him momentarily ire
sponslble for what he did. lie
referred to the trouble between Senator
Fair and Palmer, and characterized it as
being most hagrant and malicious per-
secutlon on the part OF the former. He
denounced Phleger in bitter terms as the
tool of Fair. He proposed to prove to the
entire satisfaction Of the jury that Palmer
was bounded by Phleger and Senator
Fair until he was driven to desperation
and that his mind was so wrought upon
by the continued prosecutions that he be-
came deranged, and that during a lit of
Insanity he committed the crime of which
he was charged.
WHEN THEY WERE PARTNERS.
The attorney next referred to the part
nership which existed between Palmer
and Phleger on the Monument ranch
and also OF final settlement whereby
Palmer purchased Phleger's interest
lie stated that as soon as this contract
was made Phleger entered into a con-
spiracy with Senator Fair to ruin
Palmer financially and otherwise
They determined to rob the defend
ant Of all his means, so that he
would not be able to support himself or
his family. They had employed thief
to go to Palmer's ranch and steal his
papers, and then after securing a contract
OF settlement innumerable suits were in
stltuted IN Golo, Sacramento and other
counties. That afterward fourteen in
dictmentS were secured against Palmer
through the Grand jury of San Fran
cisco. General Hart stated that he dis
covered the fact that the indictments were
about to be preferred. That at this time
he CHANGED TO talk with one OF Senator
Fairs time-keepers, Mr.. Boltz, and this
man related to him certain evidence
which showed clearly that
PALMER WAS BEING PERsECUTED
And that the testimony against him was
false. He at once informed Palmer that
he need have no uneasinesS, as the testi-
mony of this witness would cause the
Grand Jury to ignore the charges Pal
mer, under his advice, took the witness
and started for San Francisco Phleger
was on the same train, and during the
journey, while Boltz was passing him, he
asked to talk with him. The witness in
formed Palmer of the request and he con-
sented to conference. Boltz talked
with Phleger for some time and then re-
turned to Palmer. When the train
reached Sixteenth street, Oakland Boltz,
without word, passed through the train
and while it was under way Jumped off
the car. Palmer looked back and saw
Phleger get off also. He suspected that
they were going to Senator Fairs office,
and, in order to watch their actions, en-
ployed detective who followed them
through back streets and alleys to Senator
Fairs place of business. When Boltz
afterward appeared before the Grand
jury he testified directly to the opposite
of what he had told him.
PHLEGER WAS BELLIGERENT.
1t would be proved, continued the at
torney, that Phleger had threatened
Palmer on numerous occasions, and once.
at the depot in this city, knocked Palmer
secuted, threatened and brow-b beaten, the
attorney said, and these things have been
known to produce insanity in persons
who were not predisposed to that misfor-
tune. But in Palmer's case it would be
shown that he was naturally an easy
victim to mental arrangement under cir
cumstanceS such as had been referred to.
1t would be shown that there had been
numerous cases of insanity among his
ancestors. 1t would be shown that de-
fendant was in constant fear of those who
had been prosecuting him; that when he
went to bed he carried an arsenal with
him; that he frequently arose at the dead
hour of night, armed himself and watched
for the coming of expected assassins. 1t
would be shown that during one of his
periodical attacks of insanity Palmer at
tempted to take the life of his wife, whom
he had always loved and cherished when
i'll his right mind. 1t would be shown
and frightened his wife and child by
STOPPING over them and making hideous
faces.
PALMER HAD CHANGED.
It would be shown by DR.. Heating of
San Bernardino, said Mr.. Hart, that Pal
mer's character and conduct have under
gone great change in recent wears. DIR.
Heating knew Palmer in Monterey some
years ago, and met him at San Bernardino
after Palmer's troubles with Fair While
in San Bernardino Palmer's actions were
such as to induce the frequent remark !:
"Old man Palmer's son is crazy"
Two or three days before the shooting.
the General said, Palmer became yio-
lently insane, f1ourished his pistol about
and was locked up in the City Jail, where
he impressed the officers with the belief
that he was crazy. 1t would be shown
that on the morning of the killing Pal
mer was laboring under one of his peri
odical fits ofinsanity. Itwould be shown
that at The very time the homicide WAS
committed Alvin }. Bruner was under
instructions from Mrs. Palmer to make
out complaint charging Palmer with
insanity.
TAKING THE EVIDENCE.
When court reconvened in the after
noon the defense called their first wit
ness. He was j. r. Hebron of the State
Board of Equalization. He was called to
testify to Palmer's good reputation for
peace and quiet. Attorney Hart ex-
planned that they had called Mr.. Hebron
out of order, as he was anxious to leave
for San Francisco on the afternoon train.
Mr.. Hebron said he had known Mr..
Palmer number of years at Monterey.
where the defendant kept the Del Monte
Stables. He had always thought great
deal of him, and knew that he was not of
a vicious or belligerent disposition.
The prosecution did not croSs-examine
the witness.
Attorney Stone then offered the deposi-
ton of Herbert f. Wertman OF Huron.
S. d. The deponent set forth that he had
known Hiram Gibson, Palmer's grand
father, intimately for many years. At
one time he lived with ellison. The latter
was of a nervous, excitable temperament,
and the deponent was satisfied that the
old gentleman was insane all the time he
lived with him. ellison would go to the
stores and buy everything he saw-things