The record-union., 1894-06-28
GOLDSMITH THE ONLY GUILTY ONE.
So Claim the Others in the Type
Stealing Case.
The Prosecution Closes In the Case OF
Stuart-Opening Statement
For the Defense.

The trial of f. a. Stuart was resumed
in Judge Catlin's court yesterday. The
case is becoming interesting, and the
courtroom has been we'll filled during
the examination of witnesses by spec
tators eager to hear the details as how the
Nel0S office was looted OF its type.
Charles Goldsmith continued with his
testimony yesterday morning. When
the newspapers bad published the ac-
count of the burglary, the witness said,
Stuart was dismayed at the expose. and
said to Rodehaver, Fitzsimmons and the
witness that they would have to hide the
type. When he sold some of the stolen
material to Dunkle of Roclllin he told the
latter that Charles L. Spencer, who at
that time thought of reyiving the Meas,
gave it to him.
Goldsmith admitted having stolen the
type. He also said he had committed
other raids in the office.
When asked by District Attorney
Ryan why he told people in Auburn that
he had been to Lincoln, when he re-
turned with Stuart in possession OF the
stolen type, he said it was all arranged
beforehand with Rodehaver, FitZsim-
mons and himself, and they agreed that
one story should be told when asked In
reference to their whereabouts. Witness
said Kodehaver was TO give him $40 at
first, but afterward changed the amount
to 81. 1t was agreed that in the event
of any of the three being arrested, all
would guard their utterances.
When asked why he became witness
in the case, he said he did not want to put
the county to any expense when his own
trial came on. He did not expect TO reap
any benefit for testifying.
William Rieudel, who was employed in
Smiths stable on Seventh street when
Goldsmith and Stuart put the team up
there on their arrival from Auburn, ident
itied both Stuart and Goldsmith.
Frank Richards. a boy who also worked
at the stables, testified to the same effect
j. w. Morgan, Mayor of Auburn, tes-
titled that before Stuart and Goldsmith
left Auburn the former bought guam
tity Of cotton batting from him.
The prosecution claims that the ma
terial was used to put between the cases
Of type to prevent the type from falling
out on the trip to Auburn.
In order TO allow Mr.. Morgan to leave
the city, instead of being compelled to re-
main until after the prosecution had
closed its case, he was permitte6 to an
swer question for the defense. He was
asked what Stuarts reputation was in
Auburn. lie SAID 1t was good.
Howard May testified that he was in
Smiths stable when Stuart and Gold
smith came in with the buck board. They
said they had just come from Rocklin,
where they had paid some money to
mum Der OF people there.
Michael Foley said that at the time of
the burglary of the Nea0S Office he was
working in Houchin's stables in Auburn.
He testified that Rodehaver engaged
team from him and said two young men
would call for it, They proved to be
Goldsmith and Stuart, and the rig was
used to transport the stolen type from
Sacramento to Auburn.
The prosecution then rested its case.
THE DEFENSE.
w. L. Lardner of Auburn, one of the
attorneys for Stuart, then made the
opening statement on behalf Of the de-
tense. He related the circumstances of
Goldsmith obtaining work from Rode
haVer Il EitZsimmons, and said il would
be proven that prior to the time of the
burglary Goldsmith lmportuned Rode
haver x FitZsimmons to buy some type
from him. During the existence OF the
Argus so much type had accumulated
that Rodehaver said he had enough ma
terial to transact the business, and no
more was required and owing to certain
circumstances he could not afford to
make the purchase. Goldsmith insisted
on Rodehaver buying the type, and said
his offer was q great bargain, and that
Rodehaver could have it for $50. The
price was too high to be considered, and
Goldsmith finally reduced it to $40. and
then to S2l.
Continuing, counsel said that Rode
haver having been convinced, from what
Goldsmith told him, that the type was
his, entered into an agreement to buy the
type for $2l. Stuart was sent with Gold
smith to get the type. Mr.. Lardner said
it would be shown that Stuart went into
the affair innocently, and chat when
Goldsmith had failed to 90 to Lincoln
with the team, after they had passed
Rocklin Stuart asked him why he did
not go there. Goldsmith then said he had
lied when he said in the Argus office that
the type was in Lincoln, and that 1t was
in Sacramento.
Mr.. Lardner said that owing to some
ill-feeling that existed between Gold
smith and Rodehaver the latter is try
ing to duplicate his employer in the theft
of the type through the prosecution Of
Stuart. Lardner also said it will be
proven that Goldsmith said to two pris-
oners now in the Sacramento County Jail
that the more men he implicated in the
affair the easier it would be with him. 1t
would be shown also that Stuart was in
nOcenL OF any 1nJenI 10 commit tne crime
of burglary with which he is charged,
and hoped for an acquittal.
Charles O. Davis, VIM. NJ. Mcclure
and P. S. Williford, residents of Auburn,
testified to minor facts involved in the
arrest of Stuart, Goldsmith. Rodehaver
and Fitzsimmons.
c. II. Lillibridge, who was doing some
painting in the Placer 4rgus Office at the
time Stuart was arrested testified as to
the location on a shelf of some of the ma
terial that was stolen.
During his testimony an adjournment
was taken until this morning.