The morning call., 1894-08-01

to Alvin Bruner. who retorted to him
hsrshly aud he sneaked out ostracized by
all. After recess he again took the wit
ness chair and then Carroll Cook rose and
moved to allow the prosecution to with
draw the witness The most intense
silence prevailed in the courtroom. The
news had spread rapidly and men were
packed like sardines in heat of 100 deg
in the shade. Cook spoke with consldsra-
BILE feeling. showing that he felt the full
force of the damaging admissions OF Lesher
"If the court please" he said, 81 desire
TO state on behalf Of the attorneys for the
prosecution that the ecross-examination has
brought to light facts which were not
within the understanding of this prosecu-
ton. 1t is apparent that witness has hope
of reward. It is plain that his testimony
is given in view of anticipated benefits
from that reward. Now for my part, and
in speaking for myself 1 speak for the
others, and at the request of the District
Attorney, we are altogether seeking to OBJ
tain conviction in this case, do not wish
to have the opinion of the court based upon
testimony which we ourselves consider
questionable.
Now, although all that this witness has
stated may be the entire truth, he has
stated that he has anticipated reward and
profit from his testimony, and it therefore
clouds his statement 10 degree that we
do not feel justified in asking this court to
act upon this testimony. We ask. there
fore, to Withdraw this witness and strike
out all his testimony"
AIy;n Prnrar oddad. sT m
state that I do not think any man has
greater horror of testimony that savors of
expectation of reward. So far as / am
concerned ii be was the only witness for
ths prosecution 1 should not accept this
witness. fully agree with Mr.. Cook that
his testimony be withdrawn. No witness
whose testimony is clouded Is wanted
here"
District Attorney Head followed with the
remark that '.If we cannot have conviction
on fair and honest testimony we do not
want any at ALL" and he insisted on Mr..
Cooks motion.
The silence OF expectancy fell on the
crowd. This move of the prosecution was
not quite expected. aud General bart was
not going to miss his opportunity without
al 1G0 IcQuCSb JUST udue, an
swered he after a moments pause, "would
be acceded to by the defense. but as have
suggested 10 this court several times the
conditions under which this case is being
prosecuted with the multitude of counsel
on the other side and the financia! inter-
ests involved induces me TO ask your
Honor not TO strike out the. testimony"
THE motion is withdrawn as far as I
am concerned" interrupted Bruner
sharply.
"If this witness is Withdrawn the motion
should bs made for a number of witnesses
who have testified in this case to be with
drawn" went on Attorney Hart with
earnestness. "The manner in which this
testimony has been given constitutes in
my mind a protest arguing against the
motives of this prosecution so far as the
power in tbs background Is concerned. 1
make no charges against the attorneys
who appear openly in the case for the
prosecution. but it appears that the wit
ness has been here since July %; taken
away In the evening aud brought here in
tho morning and carefully looked after on
all occasions. Ii it is true that money is
being used to hold and convict these de-
PENDANTS that circumstance should be
developed, and when we fnd witness
who has been touched, whether in imagi-
nation or reality. by corruption it becomes