Los Angeles herald., 1892-10-21
GEORGE SONTAG IN COURT.
An Unsuccessful Effort to
Postpone His Trial.
The Plea That Material Wit
neSseS Are Absent.
Chris Evans and John SOntag the
Absentees Referred To.
The Court Decides That They Are Like
ly to Remain Absent and Orders
the Trial to Proceed-Ju-
rOrs Selected.

| BY the Associated Press.
FRESNO, Oct. 20.-A large number OF
people gathered in Judge Holmes's
court this morning, to witness the pro-
ceedings in the case of the people vs..
George Sontag, indicted with John Son.
tag, his brother, and Chris Evans, for
robbing train near Rolinda, August
Sd. Within the rail sat Mrs. Chris
Evans and daughter, Detectives Smith,
Thacker and Hickey and other officers.
When Soutag came into court he took a
seat beside Mrs. Evans and daughter,
and freely conversed with them. He
watched the proceedings closely, and
often made some suggestion to his attor-
ney. Sontag is a rather handsome
man, feet 10 inches high, and of heavy
build. He attracted much attention,
but did not seem to notice the scrutiny
he was undergoing. Mrs. Evans and
her fair-haired daughter also received
much attention. The former was
material. Eva looked quite attractive
in neat blue gown with jaunty sailor
hat. Her mother seemed in excellent
spirits, and appeared to be considerably
amused at times about some of the mat
ters which they were converting upon.
District Attorney W. D. Tuppen and
Attorney Reel B. Terry appeared for the
prosecution, and w. @. Caldwell and G.
q. Goucher for the defense. After call
ing off list of witnesses, which was q
long one, Attorney Caldwell moved for
continuance, on the grounds of the alb
sence of material witnesses.
Attorney Caldwell read an affidavit by
the defendant in support of. the motion
for continuance. 1t stated that the
defendant could not safely proceed to
trial on account of the absence of David
Scott, John Sontag and Chris Evans,
all material witnesses. He expected to
prove by Scott that late on the afternoon
of July 25, 1892, the defendant took
| train at Visalia for Fresno, and at the
time the defendant boarded this train,
he was intoxicated and had to be assist
4 ed on the train by Scott. His testimony
is material, claims the defendant, be-
cause the prosecution will prove that
the defendant did not get off the train
at Fresno, but went further to Rolinda
for the purpose Of aecertaining the places
where the train stopped.
The presence of John Sontag and
Evans was also material, because they
could and would testify that they did
not see the defendant on the night of
| August Sd, and that neither of them
was in his company at any time during
| that night.
| Caldwell, therefore, asked for further
time, 30 that these witnesses could be
brought into court.
The district attorney opposed the mo-
tion, on the grounds that there was no
likelihood that the absent witnesses
would be present at any future time,
and the defendant would then be no
better off than now.
The court denied the motion, and the
defense excepted. The box was at once
filled with jurors, and the work OF secur-
ing panel was begun.
The Jurors were asked their opinion
with regard to the guilt or innocence not
only of the prisoner, George Sontag, but
OF John Sontag and Chris Evans. The
talesmen were asked first whether they
were acquainted with the detectives en-
4 ployed by the express company and by
the Southern Pacific; then as to wheth-'
er they believed that Evans and John
Sontag robbed the train at Rolinda, and
whether they believed the killing
of Oscar Beaver, Vic Wilson and
fugitives, in order that they might
escape'from arrest for train robbery be-
cause the fugitives were guilty. The
question as to whether the fact that the
prisoner was brother of John Sontag
had any influence on the minds of the
talesmen was asked, and whether
George Sontag being in Fresno on the
day of the robbery and having visited
Evans at Visslia two days before, was
considered by them in light unfavora-
BILE to the defendant. The prosecution
inquired whether any of the talesmen
ever resided in Tulare county, or
whether they had any business dealings
with Messrs. Caldwell and Goucher, OF
the defense, or whether they had any
prejudice against the Southern Pacific
company because it had refused to pay
its taxes to the state; also, whether it
would require more evidence to convict
the defendant of robbing a wealthy
corporation than it would to convict him
of robbing private individuals.
Only one juror was challenged on the
ground of bias. The last juror examined
was HI. HI. Boren. 1t was elected
through his examination that the Fri
day before the robbery he had met
George Sontag in the courthouse
square, this city. They sat on bench
together for two hours and talked. The
district attorney at once asked that
Boren be summoned as witness. At
torney Caldwell objected, and the court
took the matter under advisement till
Saturday morning, tomorrow being q
legal holiday. The court then ad-
journed.
Blaine at Republican Headquarters.
New York, Oct. 20.-Blaine visited
! Republican headquarters this morning