The morning call., 1894-07-19

<iohS, lest year be consumed in debate"
1he demonstration which greeted these
words was strongly cheered by the crowd.
You must keep order here" cried
Jrdge Fisher. "The Marshal will clear
the room ii any such demonstration occurs
again, and the noise subsided.
Then General Hart made cutting
speech. during which some gleaningS
Of the course to be pursued by the defense
were gained. He spoke of the great cor
pOration represented legally there and
scored Head for reference he had made
to the expense a long trial would entail
on the county.
The District Attorney read the indict-
ment against the defendants, and all the
prisoners stood up and listened quietly to
the statement of the Judge as to their
rights in the premises.
Il am quite ready to go on with my
case" said Melvin Hatch, carelessly.
Me, t0o," said Compton, and all the
others said the same thing.
This little preliminary having been dis
posed of. every ear was opened to catch
Judge Fishers ruling on a point so vital
10 the defense.
Il am clearly of opinion. gentlemen"
said the Judge, quietly and firmly. that If
any of the defendants desire separate
examination they are entitled to it,"
The prosecuting attorneys looked at
each other much concerned. The defense
grinned Then the lawyers went out to
consult, and everv one wondered what
would happen next. Suddenly Attorney
Gaddis rose and said:
Your Houor, wish to make state
ment."
The court raped for silence. What is
your statemeut?" demanded the Judge.
"The defendant, Harry Knox, offers
himself for examination"
lis that your statement. sir ?" cried the
District Attorney angrily.
1T is, sir"
Then, your Honor" cried Head pas
siOnately. sit seems to me that the court
should reconsider It's decision in this mat
ter. The court should give us a rehearing
/ We insist on this in good faith. If you
| are not satisfied and want decision. we
! ask for two hours time and we will bring
| you authorities"
Then the District Attorney made an i'm
! passoaed argument, pointing out that the
defendants were not jeOpardizsd by the
examination. He begged the court to re-
consider. lie quoted section 1868 of the
/ Penal Code, showing that trials only were
! alluded TO there. and finally sat down TO
make way for Reese Clarke, who, raising
/ bis huge form to its full height, brought
/ his finger into line with the Judges face,
/ and asked imDressively: What are you
/ here for? What was Sam Clark killed
! for? Was it murder?" He talked at the
/ Judge for half an hour, and f. E. Baker
/ also spoke. and then General Hart broke
in with:
/ 'oome powerful motive lies behind this
/ prosecution. These defendants have been
! selected to be punished; to be placed on
/ trial for life auG liberty. If it had only
been the District Attorney who stood up
TO ask you to place all under examination
where the evidence against one could be
used against another it night not seem so
/ bad; but there IS some motive behind this
desire to array themselves against the pro-
ceduTe which seems Just and right. The
ruling just made does honor to this court
1t Is Justice, and allows proper latitude to
those who are fighting, not only against
a prosecution backed up by the State, but
also by the wealth of the wealthiest of
corporations on the western continent. If
| Harry Knox only had been arrested and
these others had not would it have been
impossible tor your Honor to 90 on with
this case until the others were arrested
Simple justice demands inexora bly, that
these men be examined separately. l can
give you no Supreme Court decision, your
| Honor, for this question never has and
never can go into the Supreme Court"
Yes it can," interrupted Cook. II can
go in on a motion for information"
''No, sir" retOrted Hart. "It would be
laughed out OF court
Reese Clarke rose once more at this
point, but the Judge interrupted him.
MY mind is made up in this matter, gen
tlemen." be said. very quietly. IF you
have any decisions show them, but if not
there is no use arguing the matter any
longer"
Clarke spoke for few minutes, and
then the Judge repeated that decisions
must be brought 10 show that he is wrong.
Il want to start out right" said the
Judge, ito respect the right of all persons.
If it can be found that am wrong, | am
willing to change my decision. but not
otherwise. L will continue this case until
9 A. NJ. tomorrow, to give you gentlemen
time to get your authorities"
The attorneys accepted this alternative
and agreed that tomorrow there should
be no arguing. If there are no decisions
then the prisoners will be examined sep
aratnlv