The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-07-20
LOST A POINT.
Knox to Stand With
the Others.
ALL TRIED TOGETHER.
First Victory for the
Prosecution.
JUSTICE FISHERS MIND.
More Easily Changed Than Was
Apprehended.
YOUNG sHERBURN ON THE STAND
Attorney Hart Succeeded in Con-
- fusing the Boy, but Could
- Rot Shake Him.
More Easily Changed Than Was
:. Apprehended.
SHERBURN ON THE STAND

!. WoODLAND. July 10. "A surprise to
every body concerned in the Worden case
was launched on the court by Judge
: Fisher this morning. In view of his ruling
..0f The previous day that if no decisions
could be produced to show that he was
wrong, he would order the separate exam
inatiOn of the five defendants - Knox
Worden, Compton, Mullin and Hatch-no
one but the few in the secret looked for
anything but an examination on that plan.
When court convened this morning and
: Attorney Baker of the prosecution forces
could only offer in support of his plea for
= Tehearng the well-wOrn Bemmerly case,
:: which the Judge had set aside the pre-
yiOus day, the conviction grew that Gen
D. erai Hart had won his point. Attorney
. Baker said that owing to the lack of time
:: he could offer nothing better than the one
= authority be presented. General Hart
" began to get himself ready for a fight on
. the question of precedence in the exam
: inatiOn. The Justice cleared his throat
: and announced soemnly. Il have, gentle
ct men, examined all the authorities in this
case, ana after thinking over the matter
rand viewing it from all points have ar
. rived at the conclusion that it will do no
injury 10 the rights of the defendants to
-. examine them collectively"
- There was a general start of astonish-
.ment. Even some of the prosecuting at
:: tOrneys were astonished, and the District
Attorneys face was study. The prisoners
faces fell peTceptibly, and the shorthand
reporter, to whom the decision meant
loss of several thousand dollars, wilted.
=. COLLECTIVELY ?" echoed General Hart.
..tiCollectiveIy." repeated the Justice
. graveIy- Il said collectively"
= After the establishment subsjded the at
tofneys got down to hard work. The
courtroom was crowded and hot and
many ladies were present. John Sher-
burn, the boy who it is claimed drove
..EEorden to the trestle wreck, was placed
on the stand as the first witness for the
prosecution. Ever since the arrest Of
Warden and the others the boy Sherburn
: has been guarded by the railroad people
and mas not been allowed to converse with
any one. He is only IA years of age and
p looked awed enough by his position as the
mainstay of the prosecution. Alvin
BruneT conducted the examination. The
boy gave his testimony in an excited way
, and several times threatened to break
down. He caught his breath in sobs, and
q. Judge Fisher spoke kindly to him not to
give way.
Sherburn said he knew the defendant
Worden by sight He had seen him at
Wilson's stable at Sacramento about 10
O'Clock on the morning of the accident 10
20. 4. WOrden entered the stable and
conversed with Aft Wilson. Then Wilson
ard the boy hitched up two small bay
horses. The boy was asked 10 drive by
WGTden and took the lines. Worden got
on the front seat of the buggy. He
directed the boy to drive to Third and K
streets, but stopped at Second and L, then
drove to Second and <, then up an alley
running north between Front and Second
and and K streets There the buggy
was stopped by truck. Worden got out
to.ahelp remove the obstacle, after which
they drove to the fremont Hotel on ]
: street. The boy was positive that nothing
: had been placed in the carriage by Worden
at that time, nor could he remember the
name of the truckman with whom Wor-
den cOnversed.
q; After arriving at the hotel Worden got
: out and went inside, telling the boy to
wait in the buggy. When Worden came
out again man approached him and told
him he had some fuse in his room and
: W0rden told him to go and get it. The
u an went and they drove to Second and J
streets, and there met a man called
"Texas." who told them to hurry on and
get over the bridge, as there was only
few minutes. The man also said be had
some saddIe-horses, but Worden replied
that he had the rig. The boy said the
man Texas" true name was William
ARpleman. He had whispered a lot to
Worden at seeing the boy there, Worden
having got out of the carriage and walked
aside with the stranger. Then the boy
drove toward the Sacramento bridge,
Worden taking the lines and driving
through the picket lines of soldiers, who
tried to stop him, but could not. They
drove across the river, but on arriving in
the middle of the bridge WoTden got out
: and went back toward Sacramento, telling
= tne Doy 10 drive on to the hotel
near Washington. The boy drove around
=. to:the back OF the caboose, and Worden
returned and placed a croWbar nnder the
caOoOse' lie went away again and then
strange man approached and told the how
TO go away. The boy replied that Worden
had told him to stay, and he was ordered
10 cllmD up Into the cab of a dead engine.
The stranger then took the buggy. From
inc cab Of the engine the boy saw Wordeh
return with the man Texas aud another
and the three put lot OF tools into the
wagon. The tools consisted of a crowbar
monkey wrench, clawbar, a cigar box of
cartridges and Winchester rife. Worden
called the boy and all five got into the
wagon. Worden took the lines and drova
about two blocks toward the second tres
tie, where, at the edge of the levee. thew
go: some other men. Worden called ont
=. Come all those who are coming" Three
" men got into the wagon and drove toward
where No. was wrecked. Two men were
=.