The morning call., 1894-08-01

whether the defendants IN Lnls case nave
been the unfortunate victims of men who
desire to pursue them to the end. Your
Honor will remember some of his
testimony in relation to the defendant
WnrdeD, and iu seems to me that on
this occasion the first opportunity to
throw sunlight on the movements of
Worden in this case has occurred when he
finds the end of the string which is pulling
him down. This witnesShas said he saw
Worden on July 8, which is impossible,
according to the testimony of other wit
nesses, and will be entirely developed if
your Honor has not already seen it. 1t
cannot be that a man is so absolutely bad
that he comes in to a court of justice and
seeks to destroy these men without some
potent reason for it. These are the only
reasons why we object to the withdrawal
of the witness. and in order that l may
find out about statements of other wit
nesses that think are untrue. This wit
ness has said he saw Irving coming from
the wreck, when he knows that he went
out with Irving behind fast horse"
The attorneys for the prosecution spoke
on the matter again and finally Judge
Fisher decided to allow them to withdraw
the damaging witness. General Hart pro-
tested that such action was unfair. and
stated that he would make the witness tes-
tify later on and demanded his arrest to
hold him until needed. Judge Fisher ac-
quiesced and Lesner was ordered under
arrest, much to his chagrin and distress.
The attorneys for the prosecution deny
that they offered any consideration to the
nd
say that they did not see him until last
night. AS matter Of fact he came over
in the first special on July % with Judge
Armstrong and the other attorneys. The
defense claim that other witnesses. incud
ing the boy SherDurn. had the same
promises held out TO them as Lesher and
that they can prove it. They have noted
other witnesses to the prosecution who
have been Influenced. Knox and the other
defendants are jubilant over the turn af-
fairs have taken and say that when the
truth is known it will be found that much
testimony has been manufactured. Knox
points to the noted Willows dispatch as an
example. This purported to come from
him and was in substance that while money
was acceptable, arms were preferable. No
such dispatches was found in those of the
Postal Telegraph submitted to-day. One
other dispatch Knox declares is manu-
factured one, and that is dated July u and
states that nothing has left Sacramento.
The defense have subpenaed 359 witnesses
and will have 300 more to put on the stand.
The defendants friends complain bitterly
that owing to the fact that Judge Fisher
ordered the testimony of Lesher Withdrawn
they cannot have him arrested for perjury.
81 appealed to him to use his influence
to have the organ iZation yield to his
superior authority. He told me that the
principles of the A. R. U. were paramount
to him and that the men were probably
beyond his control" said George B.
Katzenstein, telling of the efforts of the
Cilizens' Protective Association in Sacra-
mento as the first witness to-day. his
story was practically the same as that of
Secretary HowelIs on the previous day.
Cross-examination brought out the min
utes of the third meeting between the
association and mediation committee. j.
o. Coleman was secretary of this meeting.
1t was shown that on this occasion Knox
had refused to talk because he was under
Injunction, but that he said there were
1000 men In the organization and he could
not be responsible for them ALL Mr..
Kalzenstein stated that there were from
14O to $50 members in the association.
"And YOU consider that represents a
city numbering 10000 inhabitants? ?" asked
General Hart.
Mr.. Katzenstein said his association had
not investigated the complaints of citizens
who had been brutally i'll treated by the
soldiers. He said the soldiers were fo-
protection.
$50 man received protection when he
got bayonet thrust beneath his coattails
when running into his hOuse?" asked
the counsel. The witness said he had not
heard of it. nor of three women being
assaulted by soldiers when they got
by mistake through the military lines.
'Do you know as fact that three men
were arrested by Colonel Graham, taken
down to a military bastie at the Southern
Pacific depot and compelled to stand up
against wall for twenty-nlne hours at the
point of bayonet?" ?" asked Hart.
'No. sir; I did not hear of it. knew
that there was guardhouse."
Ibid you know that citizens were ar
rested under civil warrant by the military
and confined by bayonets?"
"No, sir; did not"
Did you not know that citizens were
arrested on warrants Issued by Judge
Devine at the instance of the United States
Marshal by the military ana confined in
baggage-wa agons instead Of in the Comfy
Jail?"
mo, sir; we did not know it?"
"Dd your commander not know that
men were compelled to work at the point
of the bayotfet. and that one man was con-
fined in baggage-wagon for four days
because he would not work?"
mo, sir; We did not know It,"
Ibid your commander know that tho
soldiers attacked the police of Sacramento
and took from them prisoners arrested by
them2"
THAT was matter Of newspaper re-
port"
did your commander know that the
Board of Trustees, duly elected by the
people, went to Colonel Graham and pro-
tested against the abuse of citizens?"
sit was matter of newspaper report"
And did your commander state that
the Board of Trustees did not represent
the loyal people of the citys"
81 cannot answer for the committee. 1t
was composed of Frank Miller. J. Mott
and V. S. McClatchy. They must answer
for themselves"
do you believe that tie Government
has come to such state OF military des-
=