The record-union., 1894-07-20

''I told him something l did not tell
about the case this morning."
'sThen he did not talk to you. but you
talked to him ?n
"Yes, that was it,
Witness explained the fact that he had
characterized an article in the Sacramento
Bee giving his story of the wreck as lie,
because he did not want everybody to
know he had made a statement to the
officers.
Mr.. Hart went into searching ques-
tioning of the witness as to the identity
of the man who accompanied Worden,
and as to the time he and the man drove
out OF Sacramento.
Witness described Appleman as having
light mustache and one finger cut off.
He could not identity or describe any of
the other men in the party. He said he
could not tell whether they We're young
or old, red or blue. Worden was behind
the willows when the explosion took
place. The explosions were about 10
minutes after the men left the town.
They were louder than a shotgun, and
made too much smoke for the discharge
of a shotgun-about as loud as a two-bit
firecracker
General Hart finally asked the witness
II hesknew the nature and obligations of
an oath.
The witness replied affirmatively, but
when asked by Hart what such obligation
was, witness replied that he did not
know; he thought he did, but he did not.
counsel for the prosecution then inter-
posed objection to the course of Hart's
questioning. Hart made heated reply,
expressing the protest of the defense
against the manner in which the witness
had been kept under surveillance and i'm
prsonment by the detectives of the
Southern Pacific, and that he had right
TO put him to the test as to his credlbility.
Attorney Bruner replied that the pros
ecGtlon had taken only precautionary
measures to protect the life of the boy, as
the American Railway Union men had
many times asserted that he should not
live to tell the story. The boy here broke
down and sobbed convulslvely, and at
General Hart's suggestion, he was ex-
cused for spell. Young Sherburn then
left the courtroom in company with De-
tective Hickey, still crying bitterly.
A FRUIT-GRowER' STATEMENT.
W. r. Jones was the next witness. He
said: Il am fruit shipper, and was in
Sacramento on the day Of the wreck. |
saw Worden on that day, and saw him in
front Of the depot just back of the police
station. l next saw him driving in
buggy across the plaza toward the bridge;
it was a top buggy with two or three
crowd on the sidewalk. They were driv
ing quite fast, toward the bridge. Wor-
den was driving"
Bruner, in his questioning, sought to
get out of the witness a statement that he
heard some one in the crowd say, There
goes Worden," as the buggy passed. But
it was suppressed by objections of the de-
tense. The witness saw Worden week
before at Walnut Grove and had con-
versation with him, and asked him how
the strike was coming on. He said it was
all right. that the boys were going TO win.
The witness had some conversation with
him regarding the hiring OF the buggy.
He did not see the buggy go on to The
bridge, and only got a glimpse of the
men with Worden. lie did not hear
Worden say anything.
An incident, a little sensational, oc-
Cured when Attorney Cook asked Wor-
| den to stand up and be identified by the
witness. Worden arose, and at the same
time protested against such way of
| Identifying him. The witness replied:
That is the man."
MARINES ON THE STAND.
First Lieutenant Perkins, United States
| Navy, went to Sacramento with the
marines as commander of the second
company. On the morning of the 1lth
he received orders to clear the streets in
the vicinity OF the depot. While in the
discharge of his duties no saw some of his
men trying to intercept a double team
hiNhed to two-seated spring wagon.
observed the man driving on account of
the expression of his couutenanee, which
was that of insolence, defiance and con-
| temptnous bravado. AT this point the
witness became irritated and excited at
the derisive giggles of the spectators.
The witness applied TO the court for
| protection from the insults of the crowd
and counsel. He said he was in court
without arms by the orders of his su-
! periors, and he protested against the in
suits heaped on the men in blue. Wit
ness described the crowd he was ordered
to drive back as ''rabble.'
The witness when asked to point Wor-
den out, arose and, scanning the crowd,
pointed to the defendant.
Worden spoke up, HE means me-"
and Knox laid his hand on Worden and
cautioned him to be quiet.
General Hart's cross-examination of
the witness brought out the confession
| that the first time he visited the Yolo
! County Jail to identify Worden he was
unable to point him out from among the
prisoners. 1t was on the second inspec-
ton that he discovered the same peculiar
| look of bravado and defiance that was
! impressed upon his mind at the time he
saw him within the lines. Witness was
| in a hurry the nrSt Tune he visited the
| Jail, and that was the reason he did not
! identity Worden at once. Witness con-
Cured with General Hart that it was
remarkable circumstance that he should
remember only Worden's face out of the
hundreds he had seen that day.
! The testimony of Sergeant Victor
! Schultz of the marines was substan-
! tally the same. with the excep-
! ton that Schultz claimed that at the
| time Worden was driving through the
| lines he looked cool and collected, and
| his countenance did not indicate insolent
| bravado, as testified to by Lieutenant