The record-union., 1894-07-21
cause he did not want to keep such in

Hart questioned him closely as to whom
he first talked regarding what he saw at
the caboose.
The witness told straight story, and
Its damaging effect was visibly depressing
10 the defense
could only see the upper part of Worden's s
body. l heard something fall into the
wagon. know three OF the men who
were III the rig. l did not tell Fillmore
because of the reward. did not think L
would be prominent witness"
AFTERNOON SESSION.
The afternoon opened at o'clock with
Harry Teele, brakeman on Conductor
HllPs train, on the stand. On cross-ex-
animation by Attorney Bruner he testi-
fed that he had resided in Oakland and
had been IN the employ of the Southern
Pacific as brakeman for eighteen years.
Was in Sacramento on July lIth. He
left about 10 or Ii o'clock on that day and
went TO the caboose across the bridge. At
that time he did not see carriage. He
remained at the caboose an hour and half.
Saw team there. Saw a boy on the en-
gine. 1t was Johnny Sherburn. Told
him to get Oft the engine. Somebody else
told him to stay there. That man was
Hatch. The witness here identified Hatch
as the one who had given Sherburn
orders to stay there. He had seen
him before. Witness walked up through
the caboose and saw man walking by
with a wrench in his hand. Heard a
noise as if the the wrench was thrown
against some hard substance. Saw four
men in the carriage including the boy.
hhe carriage was going south. On cross
examination witness stated that he
stopped on his way TO the caboose and
talked with some railroad men.
General Hart wanted to know iif they
were ''scabs,"
The prosecution interposed an objec-
ton, and the witness thought he did not
know the meaning of the word 'scab. -
but finally concluded that he did under
stand what some railroad men meant by
the term. he did not know whether the
party he talked to was a ''scab'' or q
striker. He was man. Don't remem-
Der who he was" said witness, cannot
describe him. 1t is my impression there
were two or three of them. Can't re-
memb Der the conversation. Stayed only a
few minutes. 1t was between 10 and IL
o'clock. l made statement of what
knew to Attorney Knight. / read III the
Bee about the boy being in the caboose,
and L thought to tell what l krew. 1t was
not the Offering of the So 900 reward that
induced me to give the information to the
officers. The evening of the day OF the
wreck l met Conductor Hill at a restau-
rant between and X streets. 1t was not
until next day that Hill and witness saw
knight. Saw Detectives Hickey and
Burke. Can't remember exactly where
saw Hickey. When witness saw Sher-
burn in the cab he was standing in the
gangway, the space occupied by the fire.
man when firing. The tank or the ten
der intervened between witness and the
boy. His back was turned to witness
when he first spoke. The man who
ordered the boy TO remain said: Stay
whore you are, Kid 1t was then witness
turned and recognized Hatch"
How can you identity the boy"
asked General Hart, ''when you only
caught momentary glimpse of him ?'
Witness did not know as be could have
identified him had he met him in Sacra-
mento or anywhere else except in Wood
land. Witness made the admission that
he could not have identified Sherburn if
be had not not seen the boy in the court
room.
J. d. Graham swore that he was a
Western Union telegraph repairer; was
working for the company on the Ilth
inst; on the day of the wreck / received
orders to go down the road toward Davis
vile; started down on velocipede; had
gone a mile and half when somebody
in the brush hallooed STOP / slowed
up and looked around, but saw
no one, and went on; proceeded on my
way until | reached the road crossing,
about 200 yards. from the scene of the
wreck; when 1 got to the crossing 1 saw
two men on the road, and two more down
the track near the trestle; also saw a
wagon near by with boy in it; one OF
the men on the crossing had gun in his
hand; he was tall, raw-boned man, with
a white moustache; can't describe the
other man that was with him; did not
notice him, as he did not modest me. The
fellow who stopped me said: "Where
are you going" l replied: ''To Davis
ville." The man said: Guess you can't
go any further now; you had better go
back afoot." He took from me pair of
plyers and threw them into the ditch,
then ran the velocipede back and ran it
off the embankment and ran it off the
track. While engaged in this men on the
track asked where the "bugger" was.
heard two blasts. Then started back
toward Sacramento, and the men in the
rig passed me driving at rapid rate, and
took the road leading to Woodland.
next saw the train coming from Sacra-
mento, saw it pass, and saw it run off the
trestle.
Witness then met man in team and
rode with him toward Sacramento.
Witness was asked TO look over the
courtroom and identify, if possible, any
of those who were at the wreck. Witness
looked at the quartet of defendants and
said he never saw any of them before.
Witness heard one man call to one of the
men: "Come on, Doc, the train is COM
ing"
The examination of the witness was
conducted by Carroll Cook. In General
Harris cross-eXamination the witness
was composed and kept close to the text
OF his story. Why he did not walk back
on the railroad track was because he WIS
afraid of the soldiers. He confessed that
he knew the train would not get any fur
ther than the trestle, but did not think of
tagging it and preventing the disaster.
Robert Benham, the next witness, said:
Am farmer; reside at Guinda, in this
county. At the time of the accident was
hauling freight from Sacramento to
Woodland. Broke down about six miles
from Sacramento and started back to
Sacramento in q spring wagon. This was
about Ii A. NJ. AT this time | met team
coming from the direction of the wreck.
1t was an open top wagon, three seats
and a bay team. They turned down the
Woodland road. The occupants were all
men; could not describe any of them.
i saw the train coming and watched it
till it ran of the trestle. [ then whipped
up and drove to sacramento. On the
way picked up q young man named
Graham, whom l now identify as the
Western Union lineman."
When cross-eXamined witness testified
that he came to Woodland with Mr.. Has
well. Had a conversation with Fillmore
through the telephone while at Casle-
mans ranch. Mr.. Fillmore asked wit
ness if he could identity the men in the
carriage. Witness said he could not
identity any of them.
Judge Armstrong told witness to stay
at the Capital Hotel, and his bill would
be settled. .Neyer said to Dan Hubbard
that the team / met was atwo-seated one.
Never told Ed. Perkins that witness
would get s., 900 reward; never told him
that the s. railroad would go