The record-union., 1894-12-10
YOUNG RAINS STREAK OF LUCK.
He Was Acquitted of the Charge Of
Burglary.
Lawyer Harlow Illustrates His Points
by Utilizing Himself as an
lawful Example,

The taking of testimony in the case ot
w. R. Rains, charged with burglariously
entering the residence of General a. L.
Hart, was concluded in Superior Judge
Johnson's court at O'Clock on Saturday
afternoon.
District Attorney Ryan in his argument
to the jury contended that Rains entered
the house with criminal intent, and was
sober enough to realize what he was do.
ing. Intoxication, he said, was no ex-
cuse for crime, and the defendant had nc
other reason for entering the house anC
hiding under the servant girls bed thar
to wait an opportunity to steal what he
could lay his hands on.
When Mr.. Ryan concluded, w. p. Har.
low, Rains attorney, began the argument
for the defense. He said he commenced
his argument with the bashfulness of {
schoolgirl, as it was his first attempt as
lawyer. He thanked the Judge, the jury
and the District Attorney tor their pa
thence during the trial, and said he haC
clearly established the fact that his clienl
was drunk when he entered Genera
Harris house.
Counsel ascribed Rains actions as the
result of drunken debauch, and said the
defendant had no felonious intentions
when he got into the house. 1t was nc
disgrace, he said. for man to get drunk
II IL were, he himself would have been
disgraced beyond all redemption.
''If l wanted to be mean," SAID counsel
al could have shown that number O.
witnesses who had testified during the
trial did things when in their cups thai
were stranger than what the defendant did
thew IN
TO the State Prison."
Harlow then pitched into General Hart.
He said that when Hart returned to this
city from Red Bluff after hearing of the
occurrence at his house, great change
came over him. There was Immediately
cry of "Hurrah, boys! Iet's send Rains
below y"
The testimony will show" continued
Harlow, that Hart threw his old friend
out of his office because he dared to de-
fend Rains. 1t makes quite difference
whose OK is gored."
Harlow then presented his certificate
from the Supreme Court, and wanted to
read it to the jury, for the reason, he said,
OF showing the kind of oath attorneys
take before the Supreme Court. He had
dared to execute his oath and defend his
client.
District Attorney Ryan SAID ne would
admit that Harlow had been admitted TO
practice, but did not think it necessary
Tor him to read the certificate. He hoped
that Harlow would keep within the
proper lines of argument The certificate
was not read.
Harlow then explained to the jury the
different grades of drunkenness. "I
know of one man." he said, .who is not
thousand miles away from this court
room, who, when he used to get drunk.
and before he reformed, had a desire to
drive over fences, and even went SO far.
while in a buggy one day, as to drive
down the stone steps III Capitol Park"
1t did not take the audience long to re-
alize that Harlow was referring to a little
episode IN his own career, and they
laughed so heartily that Judge Johnson
said If the Offense was repeated he would
clear the courtroom.
Harlow said Hart testified on the stand
that he had no particular interest in the
case. Yet, said the attorney, Hart said
he would ask the Judge, i'll the event Of a
conviction, TO severely punish Rains.
Counsel asked permission to read a
poem entitled The Moneyless Man.
which he said he once heard General
Hart recite. he was allowed to do so, and
then added: There is little justice for a
moneyless man according to His High
Mightiness, General A. l.. Hart"
lie then concluded his argument with q
pathetic plea OF pity 1or tie boys aged
mother, and asked the jury to acquit his
client.
District Attorney Ryan then delivered
his closing argument, at the conclusion oI
which Judge Johnson charged the jury.
The jury was out about an hour and q
half. when they returned with verdict
OF mot guilty."
Before discharging the jury Judge
johnson delivered a strong lecture tc
Rains, who is a mere youth, advising
him TO forever abstain from putting in
toXicating liquor to his lips. He told him
to go hence and sin no more.
Harlow then addressed the court with
reference to the fines imposed on Genera
Hart for contempt OF court, and aske
the court to remit them. Hart, he said
when called to the stand was laboring un-
der great mental excitement, and die
things he was sorry for.
''It was mistake of the head, and moi
of the heart, on General Hart's part" he
said. I'VE have been old friends. and
would lay down my life for the General
We have been close friends-as close as
brothers. The story of Damon and
Pythias is related over again. hope the
court will remit the fines"
Judge johnson said he would take the
request under advisement. He said be
felt that after he had repeatedly warned
General Hart the latter paid no attention
to the admonitions of the court, and the
fines had to be imposed. 1t was no pleas
ure to intiict tine for contempt, vet the
dignity of the court had to be maintained.
Hart had right to get exasperated at the
manner in which Harlow questioned him
while on the stand, but Notwithstanding
having been cautioned to conduct himself
with propriety, he repeated the oifenses
for which he was fined. However. he
would consider thematter.
The jurors who tried the case were Fl.
B..Nielsen, a. Burnett, j. ID. Lockhart.
NJ. Kestler, E. A. Cannon, j. j. Bauer,
William j. Mitigate, David Falconer. r
ii. Wing, Harry Williamson, L. r, Ed
wards and George +. Gear