The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-07-15


portance. He denied also that he sent
Tor Attorney Hart to get him out OF Jail.
" ell, you sent Tor Catlin, didn't you?n
said Mr.. Hart.
y" es, after you visited me in the Jail
and told me TO send for him and have
MIN haoeas corpus me out" was the re-
ply.
The witness said Ben True did not use
forclble language to MIN when he brought
nun up from Tracy. True did not accuse
nm OF lying. True outlined to him what
Starkey's statement would be-
OHern was still undergoing cross
examination when the noon recess was
taken.
Afternoon Session.
When court reconvened in the afternoon
OHern took the stand again, and MIR.
Hart continued his cross-eXamination.
he wanted to know the exact date on
which the witness, Starkey and Jetferis
went out to Brighton. The witness asked
Tor one OF last years calendars. but after
consulting 1t he said he could not be posi-
tive. He was of the opinion, however,
that 1t was the 9th of November last.
OHern said he may have told his
Questioner, when he talked with him in
his office, that the date was the 18th of
November. He would not be positive as
to the date now, but said he could aScer-
Ne'A "a VIZ S-NNNh NtlbO ny COilSulllDR the rec
ords OF the Southern Pacific Railroad
Company, as he did not work on that day.
IN answer TO further questions, O'Hern
said that Starkey only accompanied him
and Jetferis to Brighton once. When
Ben True visited him at Tracy, he told
him to come to Sacramento and make
statement of what he knew about the
case. Hart wanted to know how the wit
ness and Starkey came to meet Jetferis
on the night they went out to Brighton,
and the witness replied that it was by
appointment. The appointment was not
made with him but with Starkey.
Hart and the witness then engaged in
quite an amusing duel at repartee, and
O'Hern held his own with the attorney
The latter was trying to get the witness to
describe how near to the railroad tracks
the yard limits were, aud O'Hern plav-
fully beat about the bush in such a tan
TALKING manner that Mr.. Hart became
quite exasperated.
Don't you know what a track is ?"
asked the attorney.
"What kind OF track do Won mean 3
There are several kinds OF tracks-rail-
road tracks, street-car track S and religious
tracts was the witness reply.
This caused quite laugh, and Judge
Prewett shut Attorney Hart off from fur
Their questioning on this point.
Mr. Hart insisted upon continuing, and
be smart' and would not answer the
questions fairly. The court, however
would permit no more questions on the
track subject.
The attorney then asked the witness a
long list OF questions about his life. He
had worked for the Judson Manufacture
ing Company in Oakland, also for a nav
ing company, and later on for the South
ern Pacific Company. He was in oak
land on the 9TH of July, 1882. That was
the day on which he went to San Fran
cisco with Jet1eris.
Witness Indignantly denied that he
knew his wife to be here as a witness
against her brother, Jefferis.
THAT EVENTFUL DAY.
OHern said it was after 10 O'Clock on
the tn day of July when he and Jelferis
went TO San francisco. They also
went over IN the evening about
dusk. They went up TO Third street.
where witness purchased hat.
Jetferls said he was going to the
Hancock House, and witness saw him no
more that night. Witness waited some
time at Third and Mission streets. AS it
had been arranged that they We're to 90 to
the house Of friend, where Jefferis was
to have an interview with Miss Ayers.
she was to turn over to him some papers
and a photograph, Witness was told she
was the woman who was liable to make
trouble between Jetferis and his wife.
The cross-eXamination of witness was
long, minute as to details and wearisorne
to the jury and all others, the object of
counsel being to test the memory of
witness and the consistency OF his former
statement.
NOT HOME THAT NIGHT.
Witness said that after Jefferis left him
on the night of the 18th ofJuly ne saw him
no more until the next day. In the morn
ing witness returned to Oakland and Mrs
Jetferis SAID her husband had not been
home on the preceding night.
Several sharp passages occurred be-
tween General Hart and the witness. in
which the latter held his own with the
able lawyer. The latter pushed the wit
ness pretty hard in an endeavor to have
him admit that he did not know the
woman whom he claimed to have seen in
Jetferis' company on Mission street on
the morning of the Sth, and witness said
Jeuerls told him 1t was Miss Avres. and
that she was going on his train to Sacra
mento that night. He could not nave
been mistaken in Jefferis, as the latter
acknowledged the meeting by a wave of
the hand.
1t was after noon on that day (the Sth
of july that witness and Jefferis re-
turned to Oakland. The latter asked Wit
ness to see whether or not Miss Ayres o-ot
on the train for Sacramento that evening
She did so, and witness so Informed
Jefferis and told him what car she occu-
pied and where she sat.
With OHern still on the stand. judge
Prewett adjourned court until lois this
morning.