The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-04-21

objected to its introduction, and the
Judge overruled the objection.
WHAT SHERIFF CUNNINGHAM SAID.
Sheriff Cunningham testified that on
the 9th of April he gave Sheriff O'Nell
the warrant, and told him to arrest Ora
ham and notify him when he had done
so. He received a telephone message
that he had done as directed and went
Immediately to take the train, but it was
gone He telephoned that he would
meet the Deputy and take Graham and
the Deputy could return; that he would
meet him at Elk Grove. He went on the
passenger train to Elk Grove and re-
ceiyed Graham about o'clock.
He got an order from the Oakland
office allowing him to go on the freight
train and left on it, he thought, about
$50 z. NJ.
He got to Stockton at $40, about an
hour ahead of the passenger train. Hen
bricks brought the Grahams in buggy.
Witness did not know that the second
writ was issued while at Elk Grove.
hendricks left some time before he did.
GRAHAM CoNTRADICTs THE OTHERS.
DR.. Graham testified that after Judge
Catlin discharged him he heard Ryan ask
Fay if he had that warrant, and Fay an
Swered yes and walked over to the wit
ness and put his hand on his shoulder
and said he had warrant for him and
would read it down stairs. They went
down and the warrant was read. The
witness said, THAT is the same charge,
that's funny" He went into the Jail and
IN about fifteen minutes was taken into a
buggy with Hendricks and taken to Elk
Grove. Rooney objected to letting Mrs.
Graham go, but finally consented. They
waited at Florin about an hour, till after
the passenger train to Sacramento had
passed: Hendricks got message there.
He waited at Florin for Cunningham and
told the witness that he was taken in the
buggy to avoid writ of habeas corpus.
On arriving at Elk Grove Hendricks told
Cunningham he had his man and turned
him over to him. Hendricks left Elk
Grove in about twenty minutes after
ward. They left Sacramento at half-past
Il and drove so rapidly to Florin that the
horse was pretty well exhausted. so much
so that people spoke of it. They left
Florin about o'clock and got to Elk
Grove about 1, and he thought it was
after , when they left In the courtroom
John Catlin said that Mr.. Fay had war
rant for him and Fay said, "Ye s; Pve
got a warrant for you. Come down
stairs and Pll read it to you," and they
went down.
MRS. GRAHAM ON THE STAND.
When the court convened in the after
noon Mrs. Graham testified that she was
dered, and after the decision she heard
Fay tell her husband that he had war
rant for him, to come down stairs and he
would read it to him. She did not hear
the District Attorney say anything. The
warrant was read and Rooney telephoned
to the Sheriff at Stockton. They went
into the Jail and drank cup of tea, and
were hurried into the buggy. She wanted
to get in. but Rooney said she could not,
but finally allowed her to go. Hendricks
would tell her husband no reason for
taking him away, but finally admitted
that writ would be issued. Her testi-
mony conceded with her husbands in
other respects.
JOHN CATLIN's STATEMENT.
John Catlin testified that he had his
Office with General Hart. He was pres
ent when the decision was rendered, and
just before it was completed he saw the
District Attorney and Fay in converse
| ton. lie heard Ryan say, ARREST him,
now" and Fay said Il won't in the
courtroom" Fay was near Graham, and
they went down stairs. He followed, at
General Harris request, and read the
warrant when in the office ~ said"
continued the witness, "you can't be held
on this warrant" Rooney said that he
would telephone to Sheriff Cunningham
TO come up and get the prisoner. He
found when he went back again that
Graham had been sent away in a buggy.
ii brought writ at 4:l5 o'clock to the
office and wanted Rooney to serve it on
hendricks, and was told it was too late
that Graham was out of Hendricks Gus
tody. He met Fay afterward, and Fay
told him that Ryan had told him to arrest
Graham, but he would not do it in the
courtroom. He suggested that Rooney
could reach Hendricks by telephone,
but he did not do so while the witness
fol hs,s,
writ could be served by telegraph.
Questioned by Jones, the witness said ::
81 heard Ryan say, Arrest him now,
but Fay said he would not do it in the
courtroom. | did not hear Ryan tell him
not to arrest him in the courtroom. but
just the contrary. did not hear all that
was said"
The witness told Graham to walk
straight out of the Courthouse, but Ora
ham said he could not-the officers had
him. The witness acted as attorney for
Graham before the preliminary examina-
ton, but not in the subsequent proceed
ings. He received fee for his first serv-
ices, but did not receive any fee after
ward, and was doing at this time what
General Hart asked him to, and supposed
he was acting as Harris agent. He had
hot words with Rooney when he went to
the Office and found Graham gone.
w. z. Harlow testified that he was with
Ueuerdl HART alter Inc decision, IN the
hall. He saw Graham and bis wife going
toward the stairs, and heard General Hart
ask John Catlin to 60 down and see what
the row was about Fay was with the
| Grahams.
DISTRICT ATTORNEYS STATEMENT.
+. d. Ryan swore that he was present
in the courtroom at the time of the de-
cision. II had heard that q San JOAQUIN
County warrant had been left with the
Sheriff for Graham's arrest. He asked
Fay if he had warrant and was
answered yes. He advised Fay not to
serve it in the courtroom, but wait till he
got on the street, and Fay said he knew
better than to serve it there. He did not
advise him to serve the warrant and had
never seen the warrant, he simply knew
that there was one. That was all he had
to do with it. He had no intention of anv
disrespect TO the court. He did what he
had done in good faith and in what he
considered his duty. The Strybe brothers
were arrested i'll the same way after their
discharge. He did not consider that a
discharge in habeas corpus was a bar to
further arrest on another charge, and he
simply knew that there was a San Joa-
| quin warrant. He did not advise the ar
rest. His only interest was that of an
officer of the law.
| General Hart asked: Don't you know,
| Mr.. Ryan, that you had very decided
| interest in this affair ?''
NO, did not" answered Ryan.
! He never saw the warrant and did not
hand it to Jailer Foley. Deputy Sheriff
Rooney came to his house on Sunday and
asked him how to make his return, and
told him that Graham was out of his Gus
| tody when the writ was served, and he
told the Under Sheriff to make his return
| to that effect. In his Office an interest in
the service of all warrants is taken at all
times. The Sheriff would have served
the warrant if witness had said nothing