The record-union., 1893-04-21

/ ray to execute on the 18th. When Ora
ham came down to the office, Fay was
| SIX or seven feet behind him and tapped
him on the shoulder, telling him he had
warrant for him. Fearing that writ
would be issued, and wishing to avoid
trouble and delay, he sent Graham away.
NO one had said that writ would be
issued, but he expected it, and remember
ing that Sheriff O'Neil had been detained
IN Washington for two days by similar
cause, he was anxious to get Graham off
his hands. He had no idea of commit
Ing any contempt at the time, but was
only carrying out his duty as an officer.
de told Hendricks that he did not know
Where Cunningham would meet him,
ana would telephone him to Florin. He
dld SO, telling him to go on to Elk Grove
and Cunningham would meet him there.
his was about O'Clock
he called Attorney Catlin's attention to
the time when the writ was brought to
MN, and IL was 4:l5. He teiephoned
to Elk Grove as soon as he got through
making copy of the writ. Weinrich
TOLD him it was half-past 4. He sent
Welnrlch to meet Hendricks and serve
the writ. When he telephoned to Elk
OroVe ne was told that Cunningham had
| gone with his prisoner.
THE TRIP To ELK GROVE.
| w. c. Hendricks testified that when he
came back from his dinner Rooney told
him that he had telephoned to Sheriff
cunningham, and that the witness would
be met by him at Florin or Elk Grove,
ana hat the witness must take Graham
to meet him. He did not have any con-
versation with Graham about the habeas
corpus writ, but Graham spoke OF it sew
eral times. He stopped at Florin as
Rooney had told him TO, and was told to
go on 10 ELK Grove, and he did so.
THE STOCKTON WARRANT.
Assistant District Attorney J. C. Jones
testified that he saw the San Joaquin war
rant at Justice Henry's court, and al
though he did not read it, he then under
stood 1t TO be for a different charge, and
now thought it to be so, although relating
to the same otfense. He stood near Mr..
Ryan when he asked Fay if he had the
warrant, and understood Ryan to tell Fay
not TO serve 1t in the courtroom. He told
Ryan That there was warrant against
Graham for abduction. He had never
read that warrant further than to see it
was charge OF abduction
In answer to the Judges question as to
whether he thought the warrant from San
joaquin was for different charge from
the first warrant, he stated that he be-
| lleVed that the crime of abduction was
defined in Section 267 of the Penal Code,
that in Section 27S child-stealing was de-
| ilned, and that in Section 70S kidnapping is
defined, and that each contains different
| provisions as to age
Sheriff Cunningham was recalled and
testified that he had the original warrant
IN his pocket, but did not think it was
read in Justice Henry's court.
TESTIMONY CLOSED.
| C. T. Jones testified that he heard some
| thing about a warrant, and got the idea
that Fay was going to make an arrest,
/ and StannnH IN to him an1 told J.;
to serve it in the courtroom, and Ryan
said: mo, not in the courtroom"
! The testimony closed at 4:30, and Cen
eral Hart said he would submit the case
without argument.
The matter was argued at length. and
/ the court took it under advisement' and
will probably render its decision to-day.