The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-26

argument anyhow? The witness says the
papers have been destroyed.
While the court Stenographer was refer
ring to his notes, Jldge Murphy SHARPLY
asked Or. E3ston il he had not tes.ih u mat
the papers had Teen destroyed. Dr. EaS-
| ton answered that lac had ordered them
destroyed, but could not swear that they
! had been DESTROYED, for he was not preSe NJ
at the time it might have been done. lie
| had since yainly searched Tor the GOtu-
! mcHts.
a BATCH OF TELEGRAM5
On the resumption of business Dr. Easton
/ occutied the chair with more comtoT and
| c0mp0sure than before noon. lie gave Il
final answer on the matter of the papers Oy
stating that they had been destroyer ana
were no longer under his control Mr.. Hos
mer explained his anxiety TO obtain all the
documents available, by stating that the
prosecution would eudeaVUr to show that
there had been q conspiracy to defeat the
ends Of justice.
He now called Dr. Easton's attention TO
large batch of kilograms. or copies OF tele-
grams, which had presumably passed be-
tween Rev Of Chicago, James A. brown,
the detective, and Or. EastOn himself, win
reference 10 the pan OF WOTkiug up case
for a new trial
Asked if the kilograms submitted were
delivered to him by the telegraph company,
DR.. Etston took them in his hands aud
looked at them long and anXiuusly.
Meanwhile Barclay Henley lGteEpOSed an
objection. which was promptly oYeTruled
and an exception noted.
The witness was told to answer, and he
said Substantially, yes; l received Such
kilograms from the parties"
Mr. HosmeT-N0w, II your Honor please,
we offer these kilograms in evidence.
A LEGAL WRANGLE.
Barclay Henley insisted that these tele-
grams had been produced by the company
in response 10 a subpoena not authorized by
any law Of this State. lie claimed that tie
attempt to subpoena DR.. EaSton was an Off
ciuus interference with the rights Of
private citizens. After the counsel had ar
gued the matter on this line for nearly hall
an hour Judge Murphy OyeUuled the obJec-
ton.
He said: With all respect to the learned
counsel l dom see the Applicability Of MS
case. The District Attorney said at the
opening Of these proceedings that he eX-
pected TO prove conspiracy 10 defeat JUS
tee and that he would show that from the
case in this court Ii was In view Of this state
ment that a great number OF witnesses have
been examined ana afiIavits aud counter
ati1avits fled Ii is the interest and aim OF
the prosecution to lmpeach the motives OF
the fti3ut in this case, not as 70 one but as
% all the objects.
Hosmer-We now offer these kilograms
IN evidence.
Brady-We object because they are only
copies.
Judge Murphy-The originals Of some Of
them have been destroyed, as testified by
the witness. As 10 those sent from points
outside this State we have no more power
TO compel their production than il they had
been sent from London or Hong Kong Ia
this case the sending and receipt OF the
kilograms are evidently subsequent acts.
Mr.. Brady stil maintained that the tele-
grams were not atmls5lb.e as eYid'nce.
Judge Murphy 0veTrulcd all tie objec-
tons, except as 10 one telegram, which ala
not puglOTt to be copy OF anything, and
the District Attorney read the following
four dispatches, which were duly admitted
and recorded as EXHIBITS:
NOVEL WORK,
No 81. CHICAGO. Dec. IS.
TO Rev. T. c. Easton. 1925 Bush street. san
Francisco: Attorneys protecting gang Have
papers executed forwarded; publish copies
Then Tell aJtoIueys 10 fix papers THAR VIII be
legal fol examination Ly Brown association.
No. %. ITO the samel Parers received. Fear.
less attorney leaves to-uigu'; union Pacific ID.
rect your house. r. {. REV.
No. 90. ITO the ssmel send 500 early mail.
Brady VIII push Things. Arrest gang.
No. go. ITO j. A. Brown / am not feeling
well IN going away. Refer an matters In
Bell case 10 hiug and Ct0s>, attorneys, retained
Eele. Follow iAelr Instructions.
MORE AFFID AvITs COMING.
Il was now getting late in the day, and
Judge Murphy minated that he expected
the case 90 be closed that evening.
MT. HOsmer said t would be quite impOs-
sble fur him 10 DO this. He mad A large
number Of kilograms Vet 10 read which
would ue very material 10 MS case.
Il also trauSpjged thar there was quite a
large mum Der # new aIldayi,s FIR The mill.
The Court ghed and ordered al adjourn
ment TIL 10 O'clock this morning.