The morning call., 1894-12-05
KNIGHT RETORTS.
Says Monteith's Charges
Are Untrue.
TO CREATE A SENSATION.
The Strikers Lawyer Repeats
His Accusations.
WILL HAVE AN INVESTIGATION.
Juror Stout Annoys Counsel for the
Defendants by Interrupting
CroSs-Examinations.
} CREATE A SENSATION.
WILL HAVE AN INVESTIGATION.

When the trial of the strikers was re-
sumed in the United States District Court
yesterday morning Assistant District At
torney Knight arose to what Legislators
call question of privilege. Mr.. Monteith,
the attorney for the strikers, had charged
him and Attorney Garter with fighting the
strikers in the interest of the railroad COM
pany and with accepting favors from the
Southern Pacific. In justice to the Gov
eminent he could not permit such charges
to go unchalleDged. He branded as an
unqualified falsehood the assertion that
either he or Garter had taken the railroad's
side during the great controversy. He
denied that while in Sacramento he re-
ceived any favors from the Southern
Pacific. Neither he nor Marshal Baldwin
was entertained by the company, and
from first to last they acted for the Govern
ment and took 10 sides.
Monteith's charges. Knight asserted, had
been made with a view to creating a SEN
sation. The strikers lawyer listened pa
tiently until his adversary had concluded,
then he took the floor and denounced Mr..
Knights remarks as improper and un-
warranted.
The charges, he said, were made In good
faith and were supported by the evidence,
which showed that Mr.. knight and
Marshal Baldwin had gone to Sacramento
on train furnished them by the railroad.
While there Mr.. knight had received sta
iionery from the company and had slept
at the depot.
Everybody knows" he asserted. "that
the evidence in the case supports the aft
II, III
to the Grand Jury is a matter of notoriety.
The defendants are entitled to fair trial,
but that the Government Is not giving
them. They believe they are being treated
unfairly. and use stronger language than
is used In the affidavit.
81 wish Mr.. knight would go on the
stand and state the facts of his connection
with the strike. ! will call him as a wit
ness if he does not go of his own accord.
| His assertion that the affidayits were made
for sensational purposes is utterly false"
Judge Morrow said that he had already
stated that The facts set forth in the aft.
davits were not sufficient to warrant an
investig Some of the statements
were misleading, because not proven by
the testimony. He would not retire the
Assistant District Attorney on such a
showing.
Mr. Monteitn said subsequently that he
would take the matter to a higher court on
q writ OF review.
During The day Monteith had several
Tits with Juror Stout who has a way of
questioning witnesses while under cross
examination that is intensely annoying to
the strikers attorney. Monteith thinks
that Stout's questions tend TO assist the
prosecution and embarrass the defense.
and he called Judge Morrow's attention to
them on several occasions. but the juror.
unperturDed by the lawyers evident exas-
peraton, questioned the witnesses while
under cross-examination until the close OF
the session.
Subpenas will be issued to-day for the
appearance OF many prominent railroad
men as witnesses for the strikers.