The morning call., 1892-05-31
THE BRUNER ALIBL.
The Prosecution Introduce a Wit
ness to Knock 1t Out.
Reporter Who Interviewed Him on the
Train Between Port Costa and Oakland.
Burners Admission in Public Speech.

The Bruner case closed yesterday so far
as the evidence is concerned. To-day at 2
o'clock the lawyers will be heard by Judge
Coffev upon the question whether the pros
ecution have shown probable cause for his
trial before jury on the charge of seeking
and offering to accept bride Of $500 for
his vote as an Assemblyman to defeat the
scalpers' bill. The hearing has occupied
several days, and while the witnesses against
the defendant were few those called in his
behalf were many. Mr.. Patrick Reddy. his
attorney, also contested every inch Of
ground with great yigor, and much time was
consumed in resisting the introduction OF
testimony against his client The eXamina-
ton also encountered delays by the sudden
Illness on more than one occasion of Mr..
Barclay Henley, the lawyer engaged by the
Citizens Defense Association; Mr.. Ii enley
himself being also member OF It's eXecu-
tive committee.
ONE COURT IN SESSION.
Judge Coffey held court yesterday, not
withStanding it was public holiday, be-
cause counsel were anxious TO get through
with the case. The law also provides that
preliminary examinations may be held on
Sundays and legal holidays.
Owing to the absence Of witnesses for
the prosecution the examination was de-
layed until II o'clock. Mr. Henley stated
that Assemblyman Gould of MERGED had
been subpenaed. He was expected TO
testify that he had seen the defendant in
San Francisco on some OF the days when
the rOllcall showed he was IN Sacramento.
Since his arrival it had been aseertaned
that he would not TESTIFY TO such effect. The
other witness was Andrew NJ. Lawrence,
newspaper man, who had promised to be
present and whose testimony would also,
it was asserted, disprOve the alibl.
An informal recess was taken in order TO
wait for Mr.. Lawrence, the telephone haY-
ing been resorted to. The visiting Boston
Aldermen entering the courtroom, Judge
Coffey descended from the bench and was
introduced to them. a pleasant quarter Of
an hour was passed IN conversation with
the B1stOnians.
When Mr.. Lawrence appeared he was az
tended by a small boy with a big book.
The volume was a file of the paper he repre-
sents. Mr.. Lawrence testified that in Feb-
ruary aud March he WAS representing his
paper at Sacramento.
Mr.. MacSherTy asked: "Did you hear
Mr.. Bruner state In a speech in the Assem-
bly, on the 7th Of March that he had been IN
San Francisco on February %, March l
and 2?'
AN oRATORICAL FLIGHT.
Mr.. Reddy objected to the question, and
in an earnest voice argued at some length
duce in Tebuttal witness to testify that the
defendant was in San Francisco after the
defense had shown that he was in Sacra-
mentO. 1t was not rebuttal, and alibi test-
mony could net be rebutted. There
was no new matter ia it. The laws of
evidence prohibited its admission and the
court had no power 10 set aside the solemn
acts of the Legislature Counsel closed his
argument by INDUCING in a flight OF el0-
quence, in which he pictured the destTuc-
ton Of the rights Of men and all forms OF
law were the claims Of the prosecution to be
recognized.
Mr. MacSherry replied to Mr. Reddy's ar
gument, saying that his observations about
rights ana liberties being asSaied would be
relevant if Judge COtfey were a second Jef-
fTeys and 10000 men were DatteTing at the
walls OF the City Hall demanding the con-
yictiOn OF the defendant Counsel con-
tended that as soon as the defendant raises
an alIbi, the burden Of proof shifts to the
prose cutiOn. The moment the defendant
set up an alibi be takes the affirmative, and
the prosecution has a right to show the
proof is not good.
The TEETH OF THE THIRTY,
Mr.. Reddy, with much emotion, resented
the insinuatiUn that he had impeached the
fairness Of the court. He declared that he
belonged 10 no such gang as those who de-
manded the condemnation Of men unheard.
Il hUrl back, he rosred, Into the teeth Of
the so theiy assertion that our courts are
corrupt. Ihaye nothing but contempt for n
body of men who pretend TO believe that all
other men are bad"
Mr. MacSherry begged Mr.. Reddy not TO
get excited. he said ne had no intention of
charging him with a belief IN the unfair
ness Of the court
Pm not a bit excited; I'm perfectly
cool" replied Mr.. Reddy. as he smiled at
Mr.. MacSherry.
III that's the way you go on when you
are COOL" replied Mr.. MacSherry, "fOr
heavens sake, what are you when you are
excited ?"
There was a general laugh at this sally.
and then Judge CofTey said that Mr.. Mac
Sherry had stated the rule OF law correctly
and he Oyerrued MIR. Reddy's objection.
BRUNER's ASSEMBLY SPEECH.
Mr.. Lawrence thereupon testified that
Mr.. Bruner made a speech in the Assembly
defending himself against the charges Of the
Examiner.
Mr. Reddy-Was that speech taken down
In writing?
Mr.. Reddy-Then l object to the ques-
ton. The writing is the best evidence.
The objection was sustained, and Mr..
Macoherry next asked witness what Mr..
Bruner HAD said about his being in San
Francisco.
An objection was sustained on the same
=
IN the Assembly chamber was delivered on
the 9Th or 18th OF March; also that he rode
to San Francisco with Bruner on the pre-
eedlng Saturday, February 20. He had in
terviewed him between Port Costa and Oak
land, but did not see him subsequently in
this city. Witness also bad made long
hand notes OF the report Of Burners speech.
BRUNER N SAN FRANCISCO.
1t having been drawn out by the pr0secu-
ton that witness lad thrown away those
notes, he was permitted to testify to his in
dependent recollection Of the substance Of
the speech. To the best Of his recollection,
Bruner IN his speech said that he had gone
down to San Francisco on the previous Sat
uCday. He told about meeting the witness
on the train, and said he returned to Sacra-
mentO 0r Sunday night.
Mr.. Reddy crOss-eXamined the witness at
great length Ia regard to his recollection as
to whether Bruner had said Sunday or Sun
day night UpOn this point witness said he
could not be positive, though TO the best Of
his recollection hes had said SUNDAY
night" Mr.. Reddy sought by many quos-
lions 10 show the witness was hostile to the
defendant, but MI Lawrence said that
while at one time hostile he bore him no i'll
will. He did not think very highly Of him,
but he could be fair TO him. BE did not ad-
mire him, that was all. In answer to Judge
Coffey witness said his feeling toward the
defendant was one Of neutrality.
Mr.. Beddy called for Charles j. Stillwell,
but there being no response he said he
would consent TO close the case.
1t was then agreed that the argument
should take place this afternoon at2 O'clock.
COAST NOTES.