The record-union., 1894-05-21
lie Was DScharging His Lawful Duty
and Defended His Life.
Reliable Citizens Testify That Paisley As
saulted and Choked the Officer
IusiCe GFYln SCORES the Allan Leader Of the Mob
General Banning Smith, as Un-
worthy Of Confidence"

the Rocklin Constable who killed w. 5.
Paisley of the Industrial Army during
the melee at Rocklin last week, when he
was assaulted by the army for arresting
one of their number, was concluded in
the Justices Court in Auburn on Satur-
day night, and resulted in his discharge.
Mrs. Nettie NJ. Patton of Rocklin saw
the crowd of Industrials surround Fleck-
enstein, and one of them, whom she did
not know, put his arm around the offl-
GERS neck. The latter shook his assail-
ant off and then shot him.
DR.. A. NJ. Stafford described the wound
on Paisley. He testified that when Fleck-
enstein was taking his prisoner to the
Justice Office the members of the army
got off the train, and some of them were
heard to yell, sect you guns! Pull your
guns, boysp
VIII II. Davis of ROcklin saw Flecken-
stein read a paper to the engineer of the
stolen train. AS the reading was going
on, Williams, the Industrials' engineer,
endeavored TO start the train by pulling
open the throttle of the engine, but it was
forced back by the defendant. When the
crowd was following the defendant and
his prisoner, witness heard some OF tho
army say, Mob him!' Take that man
away from himp'
AN INDUSTRIAL's STORY.
The next witness was a surprise for the
prosecution. 1t was Thomas Fox of East
Oakland, member of the Industrial
Army and the man who was drummed
out on the trumped-up charge of tramp
ling on the American flag.
He testified that when the army
reached arcade a meeting was called,
and it was determined TO get ahead by
boarding train-even to stop it and cap
ture it ii necessary. He heard one of the
leaders say to the men: There is no use
monkeying around here any longer. The
best thing to do is to go ahead"
During the scutfle between Flecken-
stein and the mob he saw Paisleys arm
around the defendants neck and clutch
ing his throat.
The witness testified that the fact of his
dismissal from the army and the pre-
tended reasons therefor were telephoned
to an evening paper here by Lieutenant
General Smith, and he had no oppor-
tunity to ascertain the true reasons for
the actions of the army until after the
whole affair had blown over. He was
very positive in his testimony and the ef-
forts of the District Attorney to confuse
were OF no avail.
He was incarcerated in the Rocklin Jail
on some charge or other, he knew not
what, until Sheriff Conroy released him
after an hours Imprisonment. After he
was released the army took him III hand
and kept guard over him until after the
inquest on Paisley's remains.
He knew no other reasons for being
treated in that manner unless it was be-
cause he made vigorous protest at the
action of the army in attempting to mob
Constable Fleckenstein, whom they in
tended to kill, if necessary. in order to
release Williams, their engineer.
Fox also said that when he learned
that witnesses were being collected from
the army to testify at the Coroner's in
quest, who neither saw nor knew anything
OF the tragedy, he made known his feel
lngS In very emphatic manner. He was
one OF the witnesses summoned, but
after the officers heard Of his objection TO
the proceedings, together with two or
three others who also were Of the same
mind as the witness, they were hustled
away and not allowed to take any part in
the proceedings.
Charles G. Folger testified that his at
tention was called to the struggle by
Fleckenstein. who appealed to him for
help, as he was arresting a man. Wit
ness went to k1eck ensteIn'S assistance,
and as soon as he arrived on the scene be
was picked up and turned around by
some of the army. They then forced
Fleckenstein down, aud as soon as he
could get up Paisley jumped on him and
commenced TO choke him. Paisley's
fingers were under defendants chin. At
one time there was about half-dozen of
the men clutching Fleckenstein by the
throat and arms. Some of them were
heard to cry, MOB him hang him take
him away J" etc.
That was before defendant was as
saulted. He said, stand back, boys!
don't come too near ~
tolger said that after the tragedy he
found he had received pretty rough
handling by the mob. His white shirt
was torn almostto shredS. The shirt was
presented ia court, and the witness
identified it.
THE OFFICERS STATEMENT.
The defendant j. b. Fleck enstein, was
then put on the stand in his own behalf
The warrant ne served on Williams was
shown him, which be identified as tie
one given him by Justice Doane to serve.
lie got on the engine when the train
stopped, and arrested Williams. Will
Jams endeavored 10 start the engine, but
was prevented by the defendant. He
took his prisoner off the engine and was
taking him TO Justice Doane's office when
a mob from the army surrounded both of
them They continued to follow, and
witness turned around and warned them
to keep away and not to attempt to rescue
W illiams, as he was under arrest.
The mob then made rush on the de-
iendant and he was Immediately seized
aud bore TO the ground he managed to
break loose from his assailants, but was
Immediately set upon by Paisley, who
clutched him by the throat, endeavorlng
TO shut OF his breath. Before Paisley
caught hold OF defendant he said. 'Pll
eltner have you, or you'll have meW
before he could choke Eleckenstein much
longer the latter threw him of, and turn
ing round, shot him.
DISTRICT ATTORNEY CHAMBERLIN.
The defense then concluded its .esti-
mohy, ana District Attorney Cham berlin
proceeded with the argument on the part
OF the prosecution. He referred to the
nature Of the testimony adduced and the
contradiction of the nrosecutio,,Is
testimony by that of the defense. The
defense had made out good case on its
part, Dut, Notwithstanding the positive
testimony OF witnesses TO prove that
tleckensteln was juslitiable in shooting
Paisley. the case was one, he thought.
that should go before a jury for final
settlement. Under the circumstances he
was willing that the defendant be allowed
10 be admitted to bail in not a very large
sum. but that the Justice should hold
him for murder.
MOTION FOR DISCHARGE,
A. K. Robinson, one OF the attorneys
for the defense. asked that the defendant
be discharged on general principles. The
testimony of the members of the army
for the prosecution should have been
enough to convince the Justice that