The record-union., 1892-09-20
PALMER IN COURT.
Absent Witnesses Cause the Defense
to Ask for Delay.
Tho Prosecution Objects and AfHdavits
are Produced-Further Argument
to be Heard To-day.

The case of Fl. J. Palmer, charged with
the murder of Charles Phleger. was
called in the Superior Court yesterday.
AS Judge Van Fleet feared the trial might
extend beyond the date of his resigna
ton Judge CARRIER of San Francisco pre-
sided i'll his place.
The courtroom was crowded with wit
nesses and spectators. Palmer sat with
his brother and his attorneys, A. J.
Bruner and a. l.. Hart. Mrs. Phleger,
with several lady friends, was also in
court. The prosecution was represented
by District Attorney Ryan and Charles
t. Jones.
Palmer's attorneys were not ready to
proceed and asked for continuance.
The court, however, declined to grant
the request without proper showing be-
ing made
Mr. Bruner informed the court that an
affidavit was being drawn up and re-
quested a recess of fifteen minutes in
which to consult with his client. This
was granted, and upon reassembling Mr..
Bruner asked to be sworn. He stated
that a subpoena had been issued for DIR.
Heating OF San Bernardino County, who
was the superintendent of the County
Hospital of that place. The doctor had
not appeared and his absence was eX-
planned by letter received by General
Hart from the Sheriff OF San Bernardino
County IN which 1t was stated that case
of smallpox had been discovered in San
Bernardlno County and that the patient,
together with the doctor, were under
quarantine.
The prosecution objected that the show
ing was not sufficient, WhereupOn it was
asked by the defense that a recess be
taken until the afternoon, in order to give
them time to draw UP affidavits showing
the absence of other material witnesses.
An at1ldavit by Palmer was filed, al
legIng the materiality Sof DR.. keating's
testimony. Mr.. Palmer swore that the
doctor was well acquainted with him and
was present at one time when he was in
respondent state of mind and that the
doctor had told him afterward that he,
Palmer, was at the time irrational and
would have been unaccountable for his
acts. That he was cratic and quarrel
some, and in his Judgment insane.
In the afternoon General Hart offered
an amended and additional affidavit An
affidavit made by Mr.. Bruner was read
in which he stated that a witness, Will
lam Rankin, would, If present, recount
trip up the river in steam tug to the
Monument ranch and declared that on
the way Palmer sprang up and grasped
him and then attempted to Jump over
board and was only restrained from doing
so by force. Palmer appeared to be in
sane and looked wild and strange. An
other instance was averred in which at
San Francisco Palmer acted irrationally
and talked incoherently to himself. 1t
was alleged that due diligence had been
made without avail to secure the attend
ance of the witness,
District Attorney Ryan asked that the
case be postponed until this morning.
lie said he would take the precaution 10
telegraph to the authorities at San Ber-
nardino to find out whether in fact
DR.. Heating was detained He under
stood by the Doctors letter that he had an
important suit, which was to be tried
this week and that it was this which de-
tanned him. He thought the doctor could
appear in court at Sacramento as well as
at San Bernardino.
Attorney Jones also made a few re-
marks in support Of Mr.. Ryan's request.
The court then ordered a continuance
until this morning in order to hear fur
Their from the prosecution.