The record-union., 1892-10-15

/ on FeDutIal 10 cOntradlctlnR the evidence
| of the defense regarding Palmer's par
/ ticular spells of insanity.
The witness began to show his temper
as he proceeded with his evidence be-
| cause Attorney Stone put in some OBJ
/ jections. He insisted upon answering
| questions which were objected TO.
i wish you would wait till these OBJ
JectIons are ruled upon," said Mr.. Stone,
rising and looking little angry.
Il viii not wait,' snapped the witness.
But Judge CARRIER admonished the wit
| ness to the effect that he must respect the
counsel for the defense. He did not want
any ungentlemanly conduct in the court
room.
| Proceeding, Angus said he attended the
suits and prosecutions against Palmer in
! Dixon, w oodland and San Francisco. He
knewthat Phleger did not carry a pistol.
| integers only connection with the prose-
cutlons was that he was subpenaed as a
! witness against Palmer.
The prosecution wanted to show by
Angus that Palmer had Phleger fright
! ened instead Of the case being the other
way, as the evidence for the defense
showed conclusively.
The defense objected. Angus could
probably refer 10 one or two instances
| Where Palmer had been aggressive, but
this did not prove that Phleger had not
| threatened Palmer in Wilson'S stable, in
| AlOhl Vi Law JAWS SALOON, DIT w OOu-
/ land, and various other places, or that he
had knocked Palmer down at the depot.
Judge CARRIER sustained the objection,
! and the prosecution released the witness.
HE WAS FAIRS CHIEF MAN.
| On cross-examination by Mr. Hart,
Angus said, in sort of braggadocio way,
! that 1t was he who took a very active part
in the prosecution of Palmer, and not
Phleger. He admitted, though, that
| Phleger had testified in one Of the cases
against Palmer that he was taking an
active part He also remembered that
Phleger had taken the witness Boltz
away from Palmer while the latter was
taking him to San Francisco, and that he
| took BoltZ to Senator Fairs office, and
there converted him to the Fair side
and against Palmer.
Mr.. Hart then began to ask questions
to show the anlmus Of Angus, and the
latter began to get uneasy. The attorney
questioned him closely about the alleged
| conversation he had with Palmer, in
which the latter said he was going to San
Bernardino. The witness finally said he
| would not swear TO anything definite as
| to the dates and then would not swear as
to whether or not Palmer said anything
about San Bernardino.
Mr.. Hart then asked the witness if he
| had not gathered number of witnesses
together to testify against Palmer; if he,
| the witness, had not drilled them as to
what their testimony should lie.
Il think not" replied the witness hest
tatingly.
Are you sure you did not?' asked
! Mr.. Hart.
Eyes. L am sure l did not"
well, then, why did you say you
think not when 1 first asked you that
| question ?''
That's my business" growled Angus.
sStNalI mill - - >
replied the attorney warmly. on
can't do any bluffing in this court, sir"
You're blutfing me-" replied Angus.
| Judge CARRIER here took u hand in the
affair. He said he had spoken to Angus
before about his snappish answer, and he
did not propose to do SO again. If an
other break was made he would impose
the heaviest penalty he could.
The prosecution objected to the line of
cross-questlons adopted by the defense,
out the objection was overruled.
CARING FOR WITNESS.
Attorney Hart next asked Angus if he
had not written TO Police Captain Lee OF
this city, telling him to use every en-
| deavor to keep the witness Clarke ''in
line" This witness was to testify for
| Senator Fair, but the latter was afaid he
could not hold him. In his letter Angus
told Lee that ,Phleger had been author
lied to pay Clarke 800 per month for the
present, and that while the Senator did
not care to make any promises, Clarke
could rest assured that after the cases
were over he would be given something
good in the way Of easy employment
which would pay him will.
The witness admitted having written
such letter, but said it was because
| Clarke was so unreliable that they could
not tell where he would be when the case
| came up.
On redirect examination witness took
| occasion to shy at Attorney Hart bv saw
ing that he and Fair were afraid that un-
less Clarke was well cared for he would
| go over to the other side of the house,
| The prosecution wanted to show by
this witness that Palmer was a hard
| drinker, but the court would not permit
| it.
AN OFFICERS DUTY.
Timothy Lee, ex-Captain of Police. was
the next witness. He testified that he re-
membered the occasion when Palmer
was arrested, a few evenings before the
! homicide, for disturbing the peace, The
witness saw Palmer in his cell and told
the night jailer to release Palmer. The
| witness knew Palmer only fairly well.
He had seen numerous insane persons in
! the course of his career, and he did
not see any indications of insanity
about Palmer. He did not think there
was anything the matter with Palmer
that night, and after the latter was re-
! leased witness walked up the street with
! him.
Captain Lee said he saw Palmer on the
day of the homicide. 1t was at the Jail.
and was just after Attorney Hart had had
| a consultation with him. Palmer talked
on business matters and appeared to be
all right.
Lee was cross examined by Mr.. Hart
| closely. In answer to his questions the
Witness denied that he was employed as a
private detective by Senator Fair during
the prosecutions OF Palmer in San Fran
cisco. He was then Chief of Police of this
city and he was only acting in that ca
pacity. He remembered having received
the letter heretofore introduced from
Angus, in which the latter told him to
| keep Clarke in line"
''Ye s, and that letter was stolen from
my office, and INTRODUCED in evidence by
| you in one of those cases. replied Lee.
"Oh, no; you've got the letter yourself
this is only copy" replied Mr. Hart.
WELL" replied the witness, tits all
the same. Somebody who had access to
my desk took that copy"
do you think it was somebody con-
| nected with the Police Department ?u
asked Mr.. Hart, dryly.
Il don't KNOW" was the reply.
DIDN'T ABUSE PALMER.
The witness denied that he had ever
called Palmer - in the pres
ence of Attorney Hart, in the Grand
| Hotel in San Francisco. He said that he
remarked that the man who stole the
copy of the Angus letter was a - =
-. He denied that it was as Senator
Fairs agent that he headed off a witness
at Auburn, coming from the East He
| had a subpoena from the Superior Court
| of San Francisco and went up the road
because he was afraid the witness would
alight at the Haggin grant.