The record-union., 1894-05-17

E~O--------
examination of J. B. Fleckenstein for the
shooting of Colonel Paisley of the In
dustrial Army was resumed before JUS
tice Gwynn at the Courthouse this even
ing.
District Attorney Chamberlin contin-
ued his examination of witnesses for the
prosecution by calling j. w. Lombard, a
stone-cutter of Rocklin, to the stand.
Witness said he saw Fleekenstein read a
paper or something to one OF the MEM
bers of the army on the engine cab, and
afterward saw the officer and the other
man leave the engine and go in the di-
rection OF Justice Doane's Office. He saw
Fleckenstein draw his pistol, and crowd
of men following him. Just before
Doane's Office was reached he saw a
scuffle between Fleckenstein and the
crowd. Witness said he heard somebody
say, Now you have got your man, let
him gor'
Other witnesses previously testified
that Paisley made those remarks TO the
men during the melee IN Rocklln, there
fore substantiating the theory that the
Constable was forced TO release his pris-
oner.
e. In response to Mr.. Jones, witness said
he heard some one on the cars say, as
Fleckenstein was taking the army en-
gineer TO the Justices Office, Don't let
them take that man awayn When the
defendant was walking TO the Justices s
Office witness saw the men from the army
surround HIM. Fleckenstein then ran on
to the stoop of the office. When witness
said he heard some one say. Nov you've
got your man, let him CO." he meant
that Paisley desired the men TO let Fleck-
enstein go, after Williams was taken
away from him. Witness did not see the
defendant after he was surrounded. In
response to the repeated question OF Mr..
Jones as to who told the crowd to let the
Constable go, witness said he thought 1t
was Paisley.
The prosecution next called E. w.
Kenny q member of the army, to the
stand. Kenny said 1t was understood
that If one of the army was arrested
each and every one of the army was TO be
considered in the same position, and the
army would stand by any of its member
if arrested, When Fleckenstein was ar
resting Williams witness addressed him,
and was told to keep away and not inter-
fere, or he would be shot. He did not
see anybody choke the defendant.
Witness, III reply to a question from
Mr.. Jones as to how long it has Eeen
since he worked last, said he could not
tell, although he has worked at various
places during the past three years.
Kenny reiterated what he testified to
before, that if one of the army was ar
rested the remainder were all to consider
themselves in the same position. When
Fleckenstein was arresting Williams the
crowd moved toward him. Witness put
his hand on defendants shoulder and
told him to let his prisoner go.
When witness was asked by Mr.. Jones
what his intentions were when he took
J j 8. l@,. 1i,aHi
i've manner that he did not know. 70
all questions from the attorneys for the
defendant affecting the witness part in
the melee, and anything that would ap-
pear favorable to the defendant, Kenny
would evasiyely answer such as II don't
remember" Cant say,o Don't recol-
lect.'' When pressed as to where he
work last, witness enumerated various
places where he had been employed for
short periods.
j. ii. Williams, the member of the
army who acted as engineer of the stolen
train, next testified. Defendant came
into the engine with warrant and asked
witness If he would submit to arrest.
Witness said he guessed he would have
to. After they got off the cab defendant
drew his pistol. As soon as he did so
witness heard a number of the members
of the army say: Take the gun away
from him." meaning, OF course, Fleeken-
stein. Witness saw some men try TO take
defendants pistol, and heard Paisley say
to them to look out or they might be
shot. At the beginning OF the scuffle
Paisley was in the crowd, but afterward
was by himself.
TO Mr.. Jones, Williams said he was a
stationary engineer Paisley told him to
take charge of the engine. Others of the
men were bowling about him and telling
him to go ahead. He did not want to
.I,. Oft fI1aa Hr1f hoH 10 do
it, in obedience to his duty as a member
of the army. At the time Fleckenstein
was in the engine cab the men swarmed
about him. Before the defendant left the
engine he drew his pistol. 1t was the un-
derstanding that il one man was arrested
they would all stand in and remain in
the community to see that Justice was
done. When the scuf1ie started defend
ant had the pistol in his right hand aud
had his left on witness shoulder. Sew
eral of the men got between witness and
E'leckenstein. After witness was released
the men were still trying to take defend
ants pistol away. He was positive that
nobody had choked defendant. He saw
ISleek enstein forced down when the men
we're irving to disarm him. After the
shooting he told defendant that he had
better look out, as the men might hurI
him.
w. Crouch, another member OF the
army. next testified. His testimony was
the same as that of the preceding mem
bers of the army. He was born In las
mania, and resided in San Francisco four
teen years When asked if he was clti-
zen of California or any other state, he
said in an under tone that he was not.
Crouch lowered his voice when he came
to the word not, and he was made to re-
peat his answer more audlbly. when
asked why he joined the Industrial
Army, he said he did so for the good OF
the cause, notwithstanding he was q nom
citizen. Witness told the members of the
army that Williams was under arrest,
and he told them TO come where the scuf-
fie was going on. He refused to say why
be wanted his comrades TO 90 to where
the men were scuffling with Flecken-
stein. The men surrounded defendant
back of the depot, and before the melee
occurred.
Another member of the army named
J. s. Malloy testified that the army was
notified of Williams arrest. and a num-
ber of them followed Eleckenstein and
his prisoner. The witness was one of
those who had hold OF defendant. He
was one of the last to let go. Paisley also
had hold of Fleckenstein. When the
crowd rushed on the Constable Paisley
told the men not to hurt the officer. Wit
died the Constable roughly. and il any,
one did it must have been the other men.
In response to Mr.. JONES' Malloy said
be had been in California about eighteen
months. He was out of work about six
weeks before he joined the army about
three weeks ago. Although all Of the