The record-union., 1894-01-27

SACRAM MI
went home to take a bath and admitted
that he walked from the bathroom to his
room in rather scant attire. He also
spoke Of having discharged Mrs. Truitt
for neglect of duty, and that she after
ward demanded money of him, and on
being refused she made threats against
him.
At that time Mr.. Gilman said to Mr.
McClatchy that the latter should not pub
lish against a business man statement
like that made by Mrs. Truitt.
r. 0. Cravens, ex-Police Judge, was
called by the defense. He testified to
having issued a warrant, at Mrs. TRUTHS
request, for the arrest of Gilman.
The defense sought to prove by the
witness that he held Gilman to answer.
Mr.. Johnson objected on the ground
that it was irrelevant, and that even if
true it offered no justification for the
publication of the articles complained of.
The case did not involve charge of ma
liclous prosecution. That which was
published was not. Mrs. Truitts sworn
complaint, but was gathered from vari-
Gus hearSay sources.
Mr.. Jones contended that the defense
had perfect right to publish the articles
complained of after the charge had been
made.
Judge Catlin sustained the objection.
Mr.. Jones then offered to prove that the
warrant OF arrest had been issued before
the first article was published.
Judge Cravens testified that to the best
of his recollection the warrant was issued
on the original complaint filed on the
10Th.
Isador Alexander, Bee reporter, testi-
fed to an interview that took place be-
IT, J. . h.
formers store on the 10th of August,
1892. The witness told him that Mrs.
Truitt had made complaint against him.
Gilman said he hoped the paper would
not give publicity 10 the charge, and the
witness referred to the publishers of the
paper.
Mrs. Sarah Clayton was called for the
purpose of proving Mrs. TRUTHS charac-
ter, but the testimony was held to be i'm
material.
TO Mr.. Johnson the witness said that
when Mrs. Truitt went to her house one
Saturday night, on her return from San
Francisco, she made no complaint of any
alleged i'll treatment by Mr.. Gilman.
Judge Cravens was recalled to identify
the original warrant and Mrs. TRUTHS
original complaint, which he did.
{. X. McCIatchy was recalled and asked
concerning his interview with Gilman on
the day the first article was published.
The witness recited how Reporter Shee-
han told of the rumOr about Mrs. Truitt
and Gilman, and he was sent to Mrs.
Truitt and procured her statement, and
directed Reporter Alexander to call on
Gilman and obtain his story. Instruc-
tions were given not to publish anything
on the subject until a warrant had been
issued. Mr.. McClatchy then told of Gill
mans visit to his office and what occurred
there, as testified to by witness Harris.
The article was published as written by
Sheehan, who saw Mrs. Truitt. Sheehan
he considered one of the most compe
tent and trustworthy newspaper men on
the coast.
The witness was cross-eXamined by
Mr.. Johnson as to the details of the cir
cumstances connected with the publica-
ton of the article relating to Mrs. TRUTHS
charge He said he had never read the
complaint made by Mrs. Truitt, but had
relied on the reporters, whom he con-
sidered trustworthy.
j. p. McManus, the Day Jailer at the
City Prison, testified that a package was
left with him as evidence at the examina-
ton OF Gilman. 1t was sent into the
court, but witness had not since seen it to
his knowledge. [rhe package is sup
posed to have contained dress and some
loose buttons.
The defense here rested their case, and
the prosecution called to the stand Err
nest NJ. Owen, draughtsman with Ar
chitect Seadler.
The witness exhibited a plan of the
upper floor of the Gilman residence,
which was offered in evidence.
The defense objected on the ground
that the diagram did not describe the
house as it was in August, 1892, but the
court admitted it.
MIR. Johnson made the request that
Judge Catlin visit the house and familiar
iZe himself with the arrangement of the
rooms, hallway, etc., but the court said
he thought the plan presented rendered
that unnecessary.
The case was then continued until 1:30
P. NJ. on Monday.