The morning call., 1894-12-04
THEY ARE BOTH PREJUDICED.
Charged With Acting With the
Southern Pacific
DURING THE STRIKE AND SINCE.
Sensational Document introduced in
the United States District Court
by the Defense.

was eDllvened yesterday by move on the
part of the defense that was decidedly
| novel in the courts hereabouts and withal
sensational.
| Attorney Monteith called upon Judge
Morrow TO remove District Attorney
Garter and his assistant Samuel Knight,
from the prosecution of the defendants,
and in support of his motion read an
affidavit setting forth some very interest
ing charges.
Mr.. Monteith in prefacing his motion
took the ground that the District Attorney
is a sworn minister Of justice who, in his
capacity of public prosecutor, is in duty
bound to bring to trial all who viola te the
law; to see that the guilty are punished
ana the innocent protected. His duty, the
lawyer argued, was in no sense partisan
and, although mainly ministerial, is never
theless to be exercised with judicial i'm
Partially. wi thout prejudice or personal
interest and with entire indifference
either TO the influence of power or the
clamor of the populace.
A large number of authorities were
quoted in support of this position, and the
lawyer then said that in this case the
alleged disqualification of the District AT
torney and his assistant was due to the
extraordinary degree of bias and prejudice
shown to exist on their part.
The affidavit read by Mr.. M0nteith was
signed by John l.. Mayne and John r.
forth that they did not believe that they
could have fair and IMPARTIAL trial no
less District Attorney Garter and his
assistant knight, were excluded from
further conduct of tae prosecution. After
stating that Garter was material witness
in the case the affianIs swore:
The appointment of said Garter as United
States District Attorney was largely due 10 the
Influence of The late Leland Stanford, who at
that time was United States Senator from Call
fornia and at the same time president CT the
Southern Pacific Company. that appears to bs
the alleged injured party In the matters charged
in the Indictment.
That the said Leland Stanford, by reason OF
his position as United States Senator, anu by
the power and Influence of said Southern Pa
citc Company. largely controlled or Influenced
the appointment of United States officials in
California during the term OF office OF President
Benjamin Harrison; that since the induction
into his said office of District Attorney, the said
Garter has been on terms OF great personal ill.,
tlmacy with the said Leland Stanford during
his lifetime, and with many other persons VINO
were officers, attorneys and agents of said
Southern Pacific Company.
Likewise, upon and according TO their best
information and belief, they state that by rea-
son OF association and inIlmacies as aforesaid,
and by reason of obligations under which the
said Garter Is and WAS TO said Southern Pacific
Company, he is aud has been so closely idenI-
fed with their interests as TO render him biased
and preJudiced In favor OF said Southern Pacific
Company To such an extent as 10 preclude the
possibility OF these defendants having fair
and impartial trial of the issues OF this cause
so long as the said Garter shall be connected
with the prosecution OF This cause.
Likewise, upon their information and belief
atlantis state that during the eXistance OF the
controversy known as the strikr, in June and
july last, the SAID Garter was at all times
firm and ready adherent and partisan of
said Southern Pacific Company; that lie used his
official position 10 further he designs of said
southern Pacific Company against its en-
ployeS who were members OF the said Ameri-
can Railway Union; that about The 1st OF July
last the SAID Garter was in frequent consulta
ton with attorneys OF said Southern Pacific
Company, the object Of which consultation was
TO devise ways and means of procuring the in
reference OF the Federal Government through
Its Judicial and executive departments in tile
affairs connected with said strike; that the
said Garter. attorney for the United States, anG
IN the interest of the said Southern Pacific
Company, made false representations TO the
Government at Washington. u. c.. with refer
ence 10 the acts OF members Of the American
Railway Union, and largely Influenced and
Drejudiced the action OF the Department of
Justice against the members OF the American
Railway Union, Including these defendants;
that after consultation with attorneys for said
Southern Pacific Company the said Garter in
stitued the suit i'll The United States court con
tanning Ialse statements and allegations relating
10 the acts OF Tie members of the American
Railway Union In said strike and by reason of
which an injunction WAS procured ana other
proceedings had that atlantis verify believe
would not have been mad but for The preiudIced
bias interest Of the SAID Garter in misleading
The court; that tile SAID Garter directed and
caused United States Marshal Long and United
states Marshal Baldwin 10 interfere in
the said controversy unlawfu!ly and without
warrant by law by giving them Ell.
roneous and untruthiul advice as 10 the
nature of their duty MarSnals, and in like
manner caused Assistant District ATTORNEY
Samuel Knight 10 90 TO Sacramento as the
adviser OF SAID Baldwin; that the said Garter,
III the interest of said Southern Pacific Com.
pany, endeaVOred TO induce The Government at
Washington to order out portions of the
Uulted States army TO aid said Southern Pacific
Company, and try 10 secure other influence for
that purpose; that the said Carer, through
his official position, was enabled 10 prejudice
and influence the actions of he Federal u rama
Jury that indicted these defendants 10 Sucn an
extent That they did not hear but 4 part OF The
evidence concerning the controversy our of
which these aud many other indictments
against members OF said American Railway
Union grew; that the said Garter caused sub
penas TO be issued only for such with sses and
for such written evidence, aud only produced
such testimony and written evidence before
said Grand Jury as would nave tendency TO
procure the indictment OF these defendants and
other members OF said American Railway
Union, Who are charged with being in con-
spiracy in the Indictment herein with these de-
fendants that The said Garter prevented the
SAID Grand Jury from receiving or hearing
evidence tnat might tend 10 show That the OBJ
StructOn and Interference with the transmits
sion OF the United States mails that Is referred
10 IN the indictment herein, and the restraint of
interstate commerce likewise referred 10 In said
Indictment, was caused BY the Southern P.cific
Company, its officials and agents. and not by
these defendants or other persons indicted by
said Grand jury for conspiracy of the KIND set
out in the several counts OF This indictment:
that the said Garter has suppressed important
and material evidence from the CONSIDERATION
OF the Grand Jury that would have prevented
said Grand Jury from finding this indictment;
that the said Garter has at all times during
said strike and ever since used The whole
power of his office aud his official position TO
secure The conviction OF these and other
similar defendants; that he said Garter Is al
present engaged III suppreSSing important
written evidence concerning the matters at
issue In this causes that the said Garter ia
now using and will continue TO use bis official
position and the power of his Office 10 secure
an unlawful conviction OF these defendants,
The affidavit then deals with knight
whom it charges with having gone to Sac,
ramento in company with Marshal Bald
win and j, A. Fillmore, and acted as the
adviser of Baldwin in the interest OF The
railroad company during the strike, n
AYERS that he consulted with the railroad
officials; prepared requisiton upon the
Governor for troops. and advised Baldwin
to order the militia to assault persons at
the Sacramento depot Knight was fur-
. laor. nl,n rryfNh