The morning call., 1894-11-24
IDENTIFIED BY WITNESSES.
Anxious to Gross the River the
Day of the Disaster.
KNOBS TRIAL SOON TO BE SET.
Worden's Attorneys VIII Apply to
the Supreme Court for Writ
of tiabeas Corpus.

WOODLAND, Nov. 23-J T. Downs and
the Entricans, father and son, were wit
nesses in the forenoon session of the
Hatch trial Downs heard lie explosion,
and was introduced 10 combat the acct
dent theory. The En;rGans identlhed
the defendant as the man who came TO
their house on the day of the wreck and
asked Tor boat TO cross the river. Wit
ness' testimony is evidently considered OF
great importance. AT The request OF one
of The Jurors he is to be recalled.
II. A. K OK came into court at the
afternoon session and he and Hatch had
an earnest conversation A little later
Attorney Cook raised a breeze because
the order excluding witnesses from the
courtroom was not enforced. During a
wrangIe between the attorneys Knox got
up and walked out of the courtroom and
the trouble subsidized.
During General aarts cross-examina-
ton of the witnesses Judge Grant mani
tested some Impotence at the line of ques-
tiopiug pursued and bluntly Informed him
that he was consuming altogether too
much time with frivolous questions.
The court ordered Knox TO appear on
December 8. at which time his case would
be set for trial. 1t was intimated that the
date would DE early in January.
The witnesses al the afternoon session
were Fred Wilger and wife, who met the
carriage obtaining the strikers TN the
Elkhorn road on the dav of the wreck.
Neither of them could identity Hatch as
one of the party.
Conductor Hill was recalled to identify
photographs of the caboose and tracks at
Washington which were offered in evil
dence.
Brakeman Teeples was also recalled and
testified that the carriage could be dis
tinc:ly seen from the caboose going over
the second crossing.
William Rowlands. a laborer. corrobo-
rated the Entricans in the statement that
Hatch called there to get boat ". j.
Casseman was at the Merkeley place
when Hatch asked for boat. He pointed
Hatch out and was positive n his identif-
cation.
When the court adjourned proceedings
for the day in the Hatch case the Sheriff
was ordered TO bring Worden into court in
order that he might be present when his
death warrant was signed. Worden's at
torneys moved for stay of proceedings on
the ground of probable cause for new
trial. In denying the motion Judge Grant
rendered the following decision:
1.-The warrant has been signed by my
self and attested by the clerk with his sig
nature and the seal Of the court, and the
application made at this time by counsel
for defendant for a certificate of probable
cause will be denied. l desire to state in
denying the application that [ do so be-
I think m ha oi-
cumstances in this case. The judgment
applies simply and solely to the inflicton
of the death penalty. The incarceration
of the defendant in the State
prison at Folsom is in pursuance of
a section of the code which l
construe to be directory to the
Sheriff and not part of the judgment. The
appeal, as 1 understand it. stays the exc
cution-that is, prevents the carrying into
effect of the sentence of death. and moth
ing more. AS l understand the law, it is
the duty of the Sheriff. in pursuance of
this warrant, 70 conduct the prisoner to
the State prison at Folsom and leave him,
with the warrant, in TIE care Of the
Warden of that prison. The service OF the
notice of appeal on the Warden would
stay the execution OF that sentence but in
my judgment will not authorize his return
to the County Jail. Gentlemen, l would
like very much to have you review this
matter by writ of mandate, habeas corpus.
or appeal, or any other way. l have con-
strued the matter literally, as it required
to be construed"
The attorneys for Worden excepted to
the ruling and will apply to the Supreme
Court tomorrow for a writ Of habeas
corpus.