The record-union., 1894-05-18
snec,al TO the REcoaD-UN1ox.

Special to the RECoRD-UN1oN-
AUBURN. May 17.-Interest in the ex-
animation of Fleckenstein, the Rocklln
Constable who shot w. S. Paisley OF the
Industrial Army. is growing as the case
goes on.
All the witnesses are excluded from
the Courtroom. ssLieutenant-Gen
Denning Smith attends each sitting OF the
Justices Court, and his fitting hltner
and thither causes much amusement.
He tenders his services to the DlstrlcI
Attorney on all occasions, and sees that
all the witnesses from the army" are on
hand to testify.
The fact that the majority of the Indus
trials are aliens and the reasons they give
for wanting to get to Washington cause
much adversescomment by the citizens OF
Auburn. The effrontery Of a lot OF 1or-
eigners using American flags furled on
staffs for walking-sticks, and who say
that they are going to Washington to de-
manG of American statesmen the ameilo-
ration of their condition, is considered
by the people here as something that
should not be longer tolerated.
The old rickety and weather beaten
Courthouse has been taxed TO its utmost
capacity since the beginning of the ex-
animation. The building is being moved
back from where il originally stood, and,
owing to its being supported on rollers,
it appears as if but little would be re-
ouired to cause it TO collapse. At varl-
Gus times during the examination on
Wednesday night the building would
settle. which would bring the proceed
lngs to a halt until the feeling of lnSecur-
ity would pass OFT.
Placer County will have new Court
house in couple OF years, and prepara-
tions are now going on for laying the
foundation.
Much sympathy is expressed here for
Fleckens:ein, and the feeling of a large
majority of the citizens is in his favor.
Notwithstanding that Justice Gwynn
received notice from member OF the
Industrial Army that if he discharged
Fleckenstein he had better look out for
his scalp, the Justice, i'll conversation
with q RECORD-UNION representative.
said he was not worried in the least at
the tenor of the epistle, and II he was
convinced that Fleckenstein was guilty
he would hold him 10 answer, and II con-
vinced otherwise he would discharge
him, Industrial Army or no army. ANY
overt act on the part OF the army will re-
ceive quick conslderatlon py tEe people
OF Auburn, and ii the person who sent
the warning to Justice Gwynn is appre-
hended he will be punished.
Eleckenstein'S examination was re-
sumed this evening. The first witness
called for the prosecution was Jesse Par
ker of Rocklin. The witness did not see
Paisley shot or anyone else. He did not
know whether the defendant had pistol
in his hand or not. All he saw was that
the defendant had something in his hand
waving it in front of the crowd. Witness
was questioned by the attorneys Tor the
defense.
AL Parker, also of Rocklin, testified
that he saw pistol in defendants hand
when the crowd was following him after
he arrested Williams.
Ed Matison of Rocklin testified that
the first he saw was Eleckenstein reading
paper to tie engineer and afterwards
take him from the cab. After they got
on the ground defendant placed mis- hand
on Williams shoulder and the crowd fol-
lowed them. Defendant had his pistol
out when he left the engine Witness
heard some one tell the members of the
army TO get of the train. MatiSon did
not see Paisley shot, but saw the defend
ant fire. He did not see what was going
on in the midst of the crowd. For that
reason. he said, he could not see whether
the officer was choked or not. He heard
some OF the army tell the others TO get of
the cars when Fleckenstein was arresting
Williams.
Morris Grindell testified that he first
saw defendant reading something TO the
acting engineer, and which was appar-
emily a warrant. After defendant and
the engineer were leaving the engine the
former drew his pistol and Immediately
after he heard some of the army say
DON'T let him take him away" Before
the shot was fired the crowd surged about
the officer. To Mr.. Jones witness said
that defendant was not abusing Williams.
Defendant did not draw his pistol until
after the crowd commenced to follow
him. When Fleckenstein pointed the
pistol at the crowd he turned and went
away, He then heard the shot.
George Prescott of Rocklin, the next
witness for the prosecution, said he saw
crowd Of people come into town on d
freight train All he knew about the
tragedy was that he heard shot fired.
He did not prove good witness for the
prosecution, because ne saw nothing that
occurred. Witness was not examined by
the attorneys for the defense.
The prosecution then closed its side OF
the case.
C. II. Jones, one of the attorneys for the
defendant, then addressed the court and
said that under the law and evidence in
the case the defendant was entitled TO his
discharges; that he was public officer III
the discharge of his duties as Constable
in Rocklin when be shot Paisley; that IN
Justice to the defendant and all con-
cerned. witnesses would be introduced to
show that the homicide was justified, and
after such facts were shown he would ex-
pect the court to discharge the defendant.
The first witness for the defendant was
Justice Doane of Rocklin. w hen the
complaint and warrant used in Williams
arrest was about to be introduced In evil
dence by Mr.. Jones, presumably TO be
used in favor of defendant, the prosecu-
tion objected. In reply to District Attor-
ney Chamberlin the witness said that the
name John Doe was originally written on
the complaint; that few minutes after
he changed the name to Williams.
When asked by District Attorney
Chamberlain why he did not find out
Williams true name before he filled out
the complaint, witness said that il was
not possible to do so at the time. Before
he could do 1t the crowd of army men
forced Williams from the witness Office.
Alter the excitement subsidized Williams,
name was substituted for that of John
Doe. The District Attorney objected to
Tho introduction of the warrant in evi-
dence on the ground that as the name OF
John Doe was changed to Williams after
it was made out, it was not the one origi-
nally filed, and therefore could not have
been the one given to Fleckenstein TO
serve.
In reply, Mr.. Jones argued that it
made no difference whatever in the
change being made.
The court overruled the District-Attor-
ney's objection, and the complaint and
warrant were admitted in evidence.