The herald., 1894-12-28
FIGHTING FOR A MANS LIFE.
Defense of Appelman for Train
Wrecking.
Lawyers Paving the Way to Prove
an Alibi.
A Witness Saw the Accused In 0asra-
mente on the Morning Of ths
Train Wreck.

By the Associated Press.
WOODLAND, CAL, Dec. 27.-In the Ap.
pelmsn trial. resumed today, District
Attorney Head and Judge Arpssroug
did not participate. The district at
torney is still unable to leave his room.
Judge Armstrong denies that hs has
Withdrawn from tho case. R. Clark as-
sisted Mr.. Cook in the prosecution.
General Hart made the opening state
ment for the defense. He alleges that
he will be able to prove that the de-
fendant had always borne . good rsputa-
ton for peace and quiet; that his char
acter was good and that he had always
been peaceabls and law.abidSg citi-
zen. that many of the witnesseiS for the
prosecution had sworn falsely and that
their reputation for integrity and YER
scity was bad. He further alleged that
he would be able to prove that the dc.
fendant was seen in Sacramento ON July
llth between the hours of 10 and IL Q.
m. on Second street; that he was seen
little later in Dillman's saloon; that
shortly before noon he went to the res
taurant managed by the ladies of the
American Railway union, and assisted
them until about O'Clock; that he was
seen in Washington in the afternoon at
an hour that would have rendered IL i'm.
possible for him to have been in ths
vicinity of the wreck whom IL occurred
or to have taken the ride up the Elks
horn road.
WAS IN SACRAMENTO.
Judge Divine. of Sacramento, was
called as the first witness to prove that
great excitement existed In Sacramento
on the 11th of July, and the witness
made the statement that he had 70 70
away because it Was getting too hot. He
referred to the state Of feeling that ex-
isted, and did not intend to convey the
idea that he had anything to do with
the wreck.
William Todhunter WAS the next VIE -
ness called. He testified that the de-
fendant was in his stable in Washingtpn
between the hours of 8 and 4 O'Clock In
the afternoon of July lIth. He furtllt,r
testifed that the defendants reputation
ior peace and quiet was coed, and shat
the reputation for truth and veraoity Of
witness Chopper, who testi6hd t3Aat
he handed Appelman q gum over 1he
bar of Duffy's saloon, was bad.
j. H. GLAND, who clerks in 6aols-
mento grocery store, WAS next call Cd.
Appslman came into the grocery abt out
III o'clock on the morning Of July ulth
and bought some bread and bacon. On
oross-examination he said he Was o,nly
in the store between and 9. and u tlnd
IL, and he Was not sure which timG he
saw Appelman.
H. E. Greer, q driver for Ksnt Bros,
livery stable, testified that the dele nd
ant rode . sorrel horse into the li1sery
stable on the 11th Of July about II
O'Clock. On cross examina alton witness
said he wrote out . statement without
solicitation and took it to General Hast'a
Office. When asked why he had waitea
30 long, General Hart inteTiersA cad
complained that the witness was being
trsated unfairly. He said witness gonld
not volunteer his statement ststhsI pre-
liminary examination because d nee
held in one evening, and there waa but
ono volume of the testimony.
A LITTLE DIVERSION.
The prosecution asserted that thaTe
we're several volumes. and in the midst
of heated wrangle the court took q
hand, sustaining tho prosecution. He
cut off further dispute with the nomAsk
that the point was ministerial aHywGV.
Charles K. Rider. proprietor Of .
restaurant on wheels. testified tAat he
saw the defendant in Sacramen4o On
July 11th between noon and 80, end
again between and O'Clock IN the
evening. He had known defendsInt Ter
six years. and his reputation fer psace
and quiet is good.
The case went over till $50 in The
morning,