The record-union., 1893-12-06

streets about l o'clock and speak to
Special Officer May in front of the Farm
ers' and Mechanics Bank.
X. b. Curtis was called by the defense
and testified that while he was foreman
at the Fashion Stable 0Hern called on
two occasions at night and took out
two-seated carriage and horse belonging
| TO Conductor Cox. The first time he re-
turned between IL o'clock and midnight.
III near morning.
General Hart said this corroborated
Mrs. kerns' testimony, and she had said
/ that there were two men with o. Hern, but
that neither was Jefferis.
The next witness for the defense was
Robert Redman, the man who had testi
Ted that he called Jefieris at o'clock on
the morning the Brighton station was
burned. He said that he had found
Jefferis sleeping in his engine on several
occasions.
The witness denied saying to Dick May
that when he went to JeIferis' room to
call MIN on the morning OF December %,
1892, he acted like a man who had not
been asleep. Witness described Jeiferis
10 May, and the latter said he thought he
had seen him going to his room very late
on the night OF the 2Sth.
Mrs. Curtis, the lady who kept the
diary, was recalled by the prosecution.
The pile OF books, some five or six in
number, were shown her, and Mr.. Jones
asked her when and where she purchased
them. one, she said, was bought in this
State, and the others in Oregon. The en-
tries IN The books she said, were all orig
inal, and not copied from any other
books. She said she had not tcorresponded
with Mrs. Jelferis between 1880 and 1892.
No one had written to her, after her re-
turn to Oregon, suggesting what entries
to make concerning Jefterls' whereabouts
on certain days in July, 1892. She first
wrote 10 him, after his arrest, and told
him what her diary contained in relation
to him.
l. p. de Gina, brother-in-law of JEFF
ferris. testified that he was at Conductor
CoX's house one day when O'Hern stated
that Ben True had promised him So 30
per day, and 10 have his black ball
against him raised. O'Hern's reputation
was bad.
q Witness was with Starkey and O'Hern
one day at Second and J streets, when
lady handed one Of them letter. She
was tall, dressed in dark clothes and wore
veil. This was soon after the arrest Of
Jcfferis. o. Hern and Starkey were both
drunk. Witness read portion of it.
Judge Prewett asked what was the pur-
port OF this testimony, and General Hart
said it was to show that the letter con-
VHern $1,000 to testify for the prOsecu-
ton.
When General Hart asked the witness
what the letter contained, Mr.. Jones OBJ
JeC1ed and the objection WAS sustained.
To Mr.. Ryan witness said they were ali
drinking, including himself. That was
the afternoon Of the day on which o. Hern
made a statement in General Hart's of
ice.
In response to a question, witness said
they were all pretty drunk, but he would
not admit that he got Starkey and O'Hern
drunk Tor the purpose OF seeing what he
could get out of them. He was with them
until about half-past II that night.
General Hart again recalled Jefferis
and asked him if Miss Ayres went to San
francisco on July Z, 1892, on his train,
and he replied that she did not. Neither
uid she return on his train on the follow
ing day, so far as he knew.
THAT'S our case" remarked General
Hart.
The prosecution then called Miss Stoeck-
el, who had testified that she had received a
message from Miss Ayres on December
y, 1892 The note had not been out of her
possession, and was in her pocket. 1t re-
queSted her to call and see Miss Ayres, as
she had been suffering from neuralgia
The witness went to Brighton and
found Miss Ayres at her work as usual
and in her customary health. She had an
understanding with Miss Ayres That cer-
tain words used in their correspondence
were TO have different meaning from
that commonly attributed to them. AS
matter Of fact, Miss Ayres was not then
suffering from neuralgia.
Mr.. Ryan asked the witness why she |
did not remain that night with Miss |
Ayres, but an objection thereto was sus-
tanned.
General Hart asked the witness if, when |
she went to town that night. she stopped !
at certain lodging-house, and Judge |
Prewett reprimanded counsel therefor.
Special Officer Richard May was called /
by the prosecution, and testified that
about2 O'Clock on the morning of De- |
cember 18th, on which the Brighton depot |
was burned, he was on Second street. |
opposite the Orleans lodging house. The |
street was well lighted at the time.
Being asked if ne saw Jetferis at that |
hour, General Hart objected. He argued !
at some length to show that it was not |
rebuttal testimony, and that it should |
have been introduced before the defense |
had closed its case 1t was the duty of I
the prosecution, he held, to have shown,
if they could, where Jetferis was at GER
tain hours of the night-it was part Of |
their case, but it was not fair to put in |
such testimony after the defense had |
closed.
Mr.. Jones argued to the contrary.
Such, he held, was legitimate rebut-
tai testimony. They could have put in |
this testimony in their original case, but |
did not desire to do so.
General Hart strenuously argued that
the prosecution had no right to conceal
important testimony of the kind until |
after the defendant had been thoroughly
examined. The defense was entitled to
know what the prosecution would be in
order to meet it.
1t was now time to adjourn court. and
Judge Prewett, who had intended to hold
all evening session, said he would have !
to consider the matter of the admissible
ity Of Nays testimony in rebuttal, and
would therefore adjourn court until $50
o'clock this morning.
He then repeated his instructions to the
jury not to discuss the case with anyone.
and added that, owing to circumstance !
that had come TO his knowledge. the
jurors We're specially requested and
ordered not TO read newspaper reports of
the case from that time until the tinal dis
pOsal of the case.
The circumstance to which the court re-
terred is said to have been the intention
OF san Francisco paper to publish to-
day a letter TO Mrs. Fonte, Jefferjs' |
divorced vile, and alleged to have been
written by him, but which was not !
allowed to be read i'll court.
Not Deserving of Sympathy.
Persons who will persist in dying bv