The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-07-27

States can put a man in Jail and keep him
there by the mere dictation of one that
stands behind the scenes? Tell me what
is the price of liberty if these men can be
Kept in bastIle at the command even L
might say of the President of the United
States? ALI ask is that they produce
some proof. When your Honor first de-
termined to try these cases separately MIR.
Bruner told me that they would try Wor-
den first and Knox last, and it was the
utterance of a desire to keep Knox in Jail.
We'll try W0rden first and Knox last is
what he said. | demand, sir, in the name
of justice and decency, In the name OF law
and liberty, in the name OF American
civilization, that these people produce some
evidence against Knox or Mullln or
Compton or give them bail. There has been
no word that would reflect On the char
acter Of these men. There was no evil
dence that they have committed a crime
or that they have had any connection
with this railroad wreck. Yet the law
provides that man is entitled to bail in
the absence of evidence or strong pre-
sumption. | don't care how long they
try this case if they don't keep these
defendants in jail crushed by the i'm
pertinence of aEistOcracy, but release them
that they may go and provide for their
families. This trial is being Dnrposely
prolonged"
= Here the general reviewed the proceed
ings with sarcastic comment and quoted
the story of Sterne's startling and the in
justice TO Jean Vatican. "I'll wager my
life" be crle0. against nothing that
there is no man in California believes the
Confinement of Knox is necessary to pro-
duce him in court"
A wild stamping of feet greeted this
thrust. The audience were unit in a
demonstration that called District At
torney Head TO his feet with an angry
request that the court clear the room.
"No such demonstrations should be al
lowed" be cried. But the applause was
spontaneous and the Judge merely raped
for order
This audience means no dIsrespect to
your Honor" remarked General Hart. ut
is merely the expression of the settled be-
lief of every one. If J. A. Fillmore will
come here l shall put him on his oath as to
whether he behaves II. A. Knox is guilty
of murder. | will admit there was
strike, a severe strike. l will make my
clients admit it. But the charge against
them is murder. l tell you citizen has
been found who more than any other muir
dered Sam Clark. l have asked your
Honor to issue a warrant against him for
perjury. If that person can be found
demand that he be put on the stand and
prove his charge. Idemand that William
Hickey be placed on this stand and see if
bo RI 70 Fan No dom nd Of
any power should permit that these mon
be confined unless some evidence be pro-
duced against them. Knox has been held
in the iron grasp of the law with a threat
TO hold him till the last. Is it possible
that he has such influence that he can
prevent men going 20 work? Is it pos
sible they are doing this for such pur-
pose as to get him out of the way? I'd
rather see any corporation sunk into the
hottest place in hell than that one man
should lose his liberty like this. Why
have l to consult with my clients in Jail?
I have no rooms in the Capital Hotel. l
have no passes to give out, l can't pay
witnesses expenses. Section 1870 says
that bail shall be refused only when proof
of guilt is evident or its presumption
great. l challenge the prosecution to
place Hickey on the stand. Let him tes-
thy, if he dares, that Knox or Mullin or
Compton had anything 10 do with the
wreck Of that train. We are confronted
with the most melancholy spectacle
of private citizens confined in Jail
on the statement of detective
hired by a corporation to pursue men
and convict them if he can. Confined for
ten days because man has been found
who was not truthful. but was enough
backed by the power of money to swear to
anything Nine is an appeal for bail or
evidence. How would your Honor feel if
you were arrested and held with no evil
dence ?"
THAT is not the question:" interrupted
Carroll Cook
SIT is the question, and [ shall go
through this trial to the end il l have to
fight hundred years." retorted Hart eX-
citedly. 81 have been told that when
warrant was asked for against Hickey for
swearing to this complaint tie District
Attorney said he would have nothing to
do with il. l tell you there is DO room in
this county for law for one man that is
not law fer another. / ask that this IN
holy confinement shall cease. There are
two men they have some proof against,
but will state right here that can break
it all to pieces and show that it was made
to meet an emergency"
WipiDg the beads of perspiration off his
face Hart sat down. The defendants were
as pale and excited as be himself, and Mrs.
Hatch and Mrs. Knox, who were present,
seemed on the point of being overcome.
For the moment there was no reply from
the prosecution to the scathing attack Of
General Hart. Then District Attorney
Head arose and characterized it as an I'M
heard of proposition to ask for bail in the
middle of an examination for murder. The
court, he said had no power to grant bail.
The motion was premature. Judge Fisher
said be would hear further argument to-
morrow and adjourned court. Harris un-
expected and vigorous attack on the pro-
secution is the sole topic of the converse
ton tonight, but it is not likely that his
poiEt will be gained. AS to the warrant
for Hickey. that has not yet been issued,
but the defense say they will insist on its
Issuance.
STRONG AGAINST WORDEN.