The record-union., 1894-08-13
In the Examination Against the
Yolo Train Wreckers.
HART's PLEA FOR THE DISCHARGE
OF HIS CLIENTS
He Pays More Attention to the De-
nunciation of the Railroad Com
pany, the Military and the Citizens
Protective Association Than He
Does to the Evidence In the Case.

Especial Correspondence OF REcoRD-UNIoN.l
WOODLAND, Aug. 12.-Attorney Hart
consumed the whole of yesterday in his
argument in favor of the motion to dis
charge the five men charged with the
murder at trestle No. of Engineer Sam
Clark and four United States soldiers. It
was more of stump speech than an ar
gument on the testimony before the
court, a majority of the time being taken
up in the denunciation Of the Southern
Pacific Company, the United States Of
ficers and troops, the Citizens Protective
Association of Sacramento and various
citizens of that city who had dared to
raise their voices in behalf of law and
order and in denunciation Of the lawless
acts of the strikers. His talk was ITO the
gallery and when he was extremely
abusive Of some one he would receive
round of applause from the active SYM
pathizers with the prisoners who filled
the courtroom. This was so boisterouS
on one occasion that the court threatened
to have the room cleared if 1t was re-
peated.
Hart first took up young Sherburn,
who drove the carriage which contained
trestle. He declared that the witness had
been terrorized by military imprison-
ment and was therefore incompetent TO
testify. The same military despotlsin
had guarded the wreck, preventing any
but detectives and the military from in
Vestigsting the cause of the disaster.
Never IN the days of the dark days OF the
inQuiSition was there a more despotlc
prosecution than this. He denounced
the detectives in this case and all de-
tectives in general.
Then he took up the testimony OF Wit
ness Reed, tbs man who came from
Dunsmuir on the stolen train and VINO
was sent out from the American Railway
Union headquarters with gun, as he
supposed 10 protect railroad property,
but who, when he found that he was ex-
pected to pop" an engineer, threw away
his gun and returned TO the city. Hart
argued that Reed was coWed by the au-
thorities, and asked whether he was bribed
or whipped into perjury. he declared
that Reed had identified the gun he car
ried by some dirt on the barrel that was
not there. He charged the prosecution
with conspiracy, and said that the entry
of Reeds name in the book found III the
American Railway Union headquarters
and the number of the gun given him
had been written with a hard pencil,
while all the other writing was with
soft pencil.
Witness Warren Love, the colored
porter who swore that he saw Worden
killing an engine in the Southern Pa
cltic depot on July Sd, next came IN tor a
roasting. His testimony was character
lied as being ''as black as his face"
Then counsel read from the Examiner
what purported to be an interview with
General Superintendent Fillmore in re-
gard 10 the future attitude of the railroad
company towards the strikers and made
ho for n
Fillmore and the company.
Mrs. Van HuZen, who testified to being
warned that Clark would be killed, was
scored with sarcastic and abusive
tongue. Then he took up Lesher, the
witness who was Withdrawn by the
prosecution as soon as he admitted on
the stand that he expected 10 get part Of
the reward for the apprehension OF the
guilty parties. He declared that the tes-
timony OF this witness tainted the whole
evidence of the prosecution.
After recess Mr.. Hart went into an
analysis of the testimony of Justice New
ton. The prosecution had sought to show
by him that MulIin had made declara-
tions, speaking of Engineer Sweeny,
with whom Mullin formerly fired" in
which were expressed criminal fore
knowledge of a conspiracy to derail
train General Hart read from the Court
Reporters records of Newton's testi-
y,
ing by the language witness had attribu-
ted 10 him TO be nothing more than the
common fear, largely cultivated by the
Citizens Protective Association, that
there was war abroad. and that it was
dangerous for anybody to go out on any
train. Witness Newton himself testified
that this danger was a matter OF common
street talk.
General Hart next turned upon the
Citizens Protective Association with
tongue on tlre. He took up the minutes
of the association, introduced in evidence
by Secretary Howell, and made abundant
fun OF il. He failed to find IN 1t any evil
dence of guilty intentions on the part of
Knox, MuIlin and Compton, whose sig
natures the committee had obtained TO IL,
and declared that the only honest men to
the whole transaction wherein the Me-
diation Committee met the Citizens Pro-
tectiye Association were the three men
whose names were signed 10 these min
utes The Citizens Patriotic Southern
Pacific Protective Association had be-
trayed the confidence OF Mr.. Knox and
his colleagues in trying to entrap them in
the interest of this prosecution.
Mr.. Cook at this point jumped to his
feet and heatedly said: you have been
talking clear outside of the testimony in
this case all day. and [ ask the court to
put a STOP to it"
II have not done anything of the kind.
Sit down; you have made your speech,
vociferated Hart.
Whereat the courtroom broke out with
applause, and the Judge was compelled
sternly to demand order.
al will not sit down." exclaimed Mr..
Cook, until l have stated my objec-
fions."
',Go ahead, ard be BRIEF" said Hart.
''Yes, I'Il go ahead, and l will take my
own time."
Mr.. Cook then objected to counsel
travelling outside of the testimony and
Hart was permitted to proceed, when he
launched out into another stream of in
vective against the railroad company, the
detectives. military and others. He
claimed that Knox, Mullin and Compton
had not been connected with the wreck
ing of the train. The prosecution was
backed by malice and founded on sus-
plcion.
Counsel touched upon the testimony to
the effect that Knox had issued the order
Tor the carriage, and afterward paid for it.
The order called for a team TO go to
Brighton. Mr.. Knox had issued hun
dreds of such orders in prosecuting the
work he had in hand. and there was not
one word OF evidence here produced that
Knox knew that the rig was going any
where else but Brighton.
Mr.. Hart closed by urging the dis
charge OF the prisoners.
When Judge Fisher began to speak
there was intense excitement in the
courtroom; there was crowding forward
and craning of necks to catch the courts
words. His honor simply said he was
not ready to announce his ruling; he
wanted a little time TO consider the mat
ter. and therefore suggested that when
the examination OF Appleman came up
on Monday the court would decide the
question involved in the motion to dis