The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-07-24

llc dSlScu W uiect uc tuclc.
'When you were in the barn did not you
say to SherburD that he had chance to
make fortune?"
mo. sir; did not"
of Yolo County is Archie Conaghie. and
ranch-hand. He was IN the woods south
of the railroad tracks on July II. Il had
been plowing and was just through lunch
at the time" he said. while sitting in
the field we heard couple of shots up on
the north side of the tracks, but that was
nothing unusual. l looked in the drec-
tion of the sound and saw smoke rising In
the place where the train went down.
saw man at the place where the smoke
arose. also heard signal shots down the
track"
"How many signal shots did you hear?''
"One only"
What happened then ?"
| went down."
Conaghie was a hard witness. Here is
| sample of what the cross-examiner had
| to deal with
What are you doing?
II am hauling wood"
"Where are you hauling wood from ?'
From the woodpile to the saw"
where is the saw ?"
behind the car barn."
"Where is the car barn?'
behind the house."
"Where did you haul the wood after it
was sawed?"
ITO the other woodpile"
This was disgusting 10 Hart, but not
half so much as the result of little pisca-
torial excursion of the general. What is
the difference between a signal shot and
any other shot?" he asked.
Il don't know"
"Why did you call it signal shot?"
"Well," said the witness. as a broad
smile spread over the court, when the
shot was fired the men on the track dis
appeared"
Hart was staggered but not conquered,
"You have already testified that you could
see nothing on the track. How, then, could
you see man disappear ?"
We'll, L don't know"
Here Alvin Bruner made a remark.
Hart rose and objected to counsel assisting
witness. II have had to contend against
this too much" he said. ut is not right
for Southern Pacific attorney to come In
here and assist witness.
Then Bruner jumped up in a white
heat. II do not travel on pass from the
Southern Pacific Company" he shrieked.
''and General Hart does. 1t Ill b comes
him to criticiZs me IN this way. He mis-
takes the question, L appeal to the re.
porter's notes."
Then the two wranglsd for few min
utes, but Judge Fisher said Hart was
right; that the witness had stated tha
he could not see any men on the track
and that he saw man disappear from the
track when the gun was fired. Witness
then admitted that it was a common thing
to hear shots around there.
Then Detective Burke went on the
stand with his story, which is the same
practically as that of Wilson and the
others. When asked to identity Worden
| the defendant had. after his favorite trick
shifted his seat behind Knox. Burke
| could not see him.
He was there minute ago." he said
| blandly. "lf he'll stand up I'll identify
| him."
Stand up yourself" retorted Worden,
| 81 won't stand"
| for Detective Burke to rise after he is well
| seated he would not have been able 10 see
mis- man had not General Hart ordered
Knox to get on one side. Then Burke
identified Worden and all the tools and
fish plates. He had marked the former.
General Hart found more than match
| 10 Detective Burke. He tried to badger
the witness on the ground that he was a
detective and was working for the reward.
Burke said he never looked for blood
money. Hart asked him what amount
Sherburn would get
THAT question Is not on the carpet"
said Burke.
whats the meaning of that phrase"
asked Hart. 81 don't understand"
There's great many things you don't
understand, general" said Burke, suavely.
[Laughter.l
well. FL associate myself with you and
get the benefit of your brilliancy and
genius" sneered Hart.
We'll. if you associate with me-" re-
torted Burke, you will soon learn to han
die your cases better" Laughter.l
II won't get perjurers to assist me" )"
cried the attorney, aDgrily.
Indeed, general, nave never seen so
much perjury as in cases you have been
connected with" replied Burke. There
was enough Of it In the Jefferis case" re-
turned the other, and then Judge Fisher
stopped the jangle. The attorney tried to
make Burke admit that he had perjured
himself by swearing on his information
and belief as an absolute fact. Hart spoke
passionately in answer to an objection by
Bruner and denounced the detective sys-
tenn of swearing out complaints. He said
the detective should be on his defense him.
self for swearing to deposition that Wor-
den derailed train and murdered the
people on it when he couldn't swear that
the defendant was within twenty miles of
it, After a reply by Cook the court ad-
journed.