The record-union., 1894-05-17

arrested they would all stand in together,
! the witness was positive that no such un-
derstanding existed. When Flecken-
! stein was going toward the Justices Of
flee with Williams witness heard him
tell the crowd to stand back. Witness
said that during the scuffie he had hold of
the defendants sleeve, and Paisley had
| him by the shoulder. After Williams
was freed the men still had hold OF de-
| fendant.
When witness was asked why he want
ed to take the pistol away from defend
ant. he said that it was for the purpose of
ascertaining the caliber OF the pistol, and
for no other purpose. That was his only
| reason.
Andy Wall, also a member Of the army,
was next called to the stand. He testified
in like manner as did the witness be-
fore him concerning the tragedy. Gnd
said that he joined the army in Oak land,
where he was getting dollar day driv-
ing hack for an undertaken. He was
not satisfied with the pay he was getting,
and quit. When Fleckenstein was ar
resting Williams he was asked why he
| did not arrest all the men. Defendant, in
| reply, warned the men to stand back and
not to interfere. When defenda Mt was
surrounded. Paisley told the men not
to hurt the officer.
| Il. Ettenson OF the army testified that
/
and the crowd following him. Flecken-
| stein turned around and told the men
! that he would shoot any one that inter-
! fered with him. To this warning the
men laughed at him. He did not see
| Paisley or any body else assault defendant.
1t was understood that ali the men should
stand in together If any OF them were ar
rested.
Etterson, in reply to Mr.. Jones if he
thought he had right or anybody else to
take possession of a railroad engine or
mans horse and wagon, said there was
| quite a difference as to a mans private
| property, but railroad engine was en-
tirely different. He thought the army
had right to take the engine from the
railroad employees. Witness said he was
native of Prussia aud joined the army
in Oakland.
II. Ii. Fields of the army testified that
when Williams was arrested he heard the
men announce the fact to each other, and
he and the others rushed to where Fleck-
enstein and Williams were, and saw
pistol in the formers hand. Defendant
aimed the weapon at him, and then at
! Paisley. The shot was then fired and
| Paisley fell. He did not know at the time
why Williams was arrested. When the
! men were surrounding defendant Paisley
was telling the men not to harm him.
| f. w. Taylor, who said he came from
| Portland, Or, was the next witness
called for the prosecution. He said he
saw defendant arrest Williams and after
/ ward draw his pistol. Afterward, he
said, he saw what he believed the men
and Paisley trying to disarm defendant.
/ He did not see Fleckenstein assaulted.
| To Mr.. Jones. Taylor said he was out of
work week before he joined the army.
His object in joining was to go 10
| Washington and help the unemployed
to obtain their rights. During the
scuffie for the pistol defendant appeared
from the men he waved his pistol to and
fro and warned them to keep back. After
! that the shot was fired.
Industrial Edward Blunt testified that
| he was on car when Williams was ar
rested, and he did not reach the scene of
! the shooting until about thirty seconds
! before it occurred. He saw the shooting
and what led up to it immediately before.
| He saw the men have hold of Flecken-
STEMS revolver, and trying to get it away
from him.
The next witness for the prosecution
was Louis Edmund Kelley, a member of
the army. He had heard that it was
Colonel Paisley who was arrested, and he
Immediately went to where defendant
and the crowd were scuffiing. After
F4eckenstein was released by the men he
heard Paisley tell them not to modest de-
fendant. Witness did not know Paisley
was in the crowd until it scattered at the
sight of the pistol. He saw all of the
shooting.
Patrick Connors, another of the Indus
trials, testified that he was on the train
when somebody told him the engineer
was arrested, and he and some of the
others ran toward defendant to release
the prisoner. Connors afterward modi-
| fed his statement regarding his reason
for running toward defendant, and said
that he ran to where his comrades were
to assist them if they were in trouble. He
thought he heard someone say that they
were going to take Williams away from
| the Constable. He did not see Paisley,
! but saw Fleckenstein fire.
| At this juncture an adjournment was
! taken until tomorrow evening, when
! the prosecution will conclude its side OF
the case.
De La Montanya Divorce Case.
SAN Francisco, May 16.-Mrs. Lor-
raine W. De La Montanya was to-day
granted divorce by Judge Slack from
her husband, James w. De La Montanya.
on the grounds of cruelty and infidelity,