The record-union., 1894-04-03
A Case in Which the Old Adage Was
Verified.
Confession of One Whose Testimony
Sent an Innocent Man to the
Penitentlary.

1
pict things that do not happen in real life
! but in this case we have one which, how
ever unreal it might sound in novel, is
actual happening and of record to-day.
| We have an attorney, the ethics o1
whose profession compelled him-nay,
! the law now holds so sacred the conf
dence between counsel and client that il
shields the former from being forced to
betray the confidence of the latter-to
keep silence for ten long years, until he
found that his client had passed beyond
the reach of Judges and juries.
Carrying in his bosom the knowledge
that an innocent man was suffering for
another's crime, yet most sacredly bound
! in honor to hold his peace because the
revelation would place behind the prison
! bars for perjury the man who had in
/ trusted him with his secret, he Kept it
| locked up till death gave him leave to
see justice done.
The documents on file in the Governors
office tell the tale of the doubts engen-
dered in the minds OF the District Attor-
ney and assistant counsel, who secured
! the conviction of Zimmerman, and how
| Charles L. Jones, the well-known crim-
inal lawyer, came to tell the tale and as
! slst III striving to procure the release OF
an innocent man.
THE AFFIDAVIT.
The affidavit of Mr.. Jones, after recit-
! ing the fact of August Zimmerman'S trial
| in 1888, and that the prosecution was rep
resented by the District Attorney, Silas
| Perry and the late John Eagon, goes on
to say:
81 am informed that Ed Neff testified
at that trial on behalf Of the prosecution,
! q N wa al a
conviction of Zimmerman was had. Neti
| expected the case against himself would
! be dismissed but after the trial and con-
viction of Zimmerman, was pressed for
trial. / was then for the first time con-
suited and made acquainted with the facts
! in the case, having had no connection
with either case up TO that time, and
to defend Netf, with Judge A. G. Brown,
who, as above stated. had also defended
| Zimmerman. Netf's trial took place in
June, 1884. The day before the trial YVES
to commence visited tue Jail at Jackson,
Amador County, with Judge Brown, and
there for the first time met Neil, and was
introduced to him by Judge Brown.
II wished TO hear his story, and Judge
Brown, there in the presence OF Neff, re-
peated the story Netf had told upon the
witness-stand at the trial of Zimmerman,
which, if true, clearly pointed TO Zim-
mermaI as being guilty, and tended to
show the defendant NeH as accessory. |
questioned him in the presence of Judge
Brown considerably in regard to the mat
ter, assuming that the story as told was.
! in the main, true, and told him the neceS-
sity of telling me the whole truth, and
the danger of Withholding from me, as
his attorney, the true facts of the case be-
| fore the trial.
He assured us he had told the truth.
! We then started to leave the Jail. Judge
Brown was ahead, and as we were going
out Netf pulled me by the coat and
whispered: Come back alone as soon as
you can, | want to tell you something;
| don't let Judge Brown know you are
coming
SIN about half an hour | returned to
the Jail alone. l then saw Neff. and upon
asking him 10 explain what he desired 10
say, he said i'll substance as follows: Mir.
Jones, my folks have written me that
they have employed you and you are to
defend me, and for me to place all conf
dence in you and TO tell you the truth.
[ have determined to do SO, but wished
| to tell it TO you alone
"'Well,' says /, go on
"He then said: What / have hereto
fore said about this matter is not true;
what | stated upon the witness-staud is
false. l am sorry stated what L did
against him, for it is not true And in
! the conversation that followed he fully
satisfied me that Zimmerman had been
convicted upon perlured testimony.
1.-The trial of Neff commenced the next
day, and at the trial / succeeded in ex-
Guiding the confession and statements of
Neff, on the ground that they were not
voluntarily made, and did not place him
OH the stand on his own behalf. The
verdict was not guilty.
-, Vic 1l
cuted by the District Attorney and the
late John Eagon, who did all in their
| power, seemingly, to convict Netf. At
this time Zimmerman's case was on ap-
peal to the Supreme Court, and was as
sured by his counsel that he certainly
would secure q new trial. l hoped that
he would satisfied that upon new trial
he would be acquitted, but the judgment
was affirmed.
''I felt myself in a most delicate posi-
ton. On the one hand, l felt satisfied
that an innocent man was in States
Prison, but the information l had re-
ceiyed came to Inc professionally from d
client, and l could not. as an honorable
man, reveal it. Moreover, such revela-
ton would most likely be followed by
other prosecutions. l, however, always
took occasion, when speaking of the case,
to state my belief in Zimmerman's inno-
| cenee.
II often met Mr.. Eagon, and on differ
ent occasions, on talking Of the case, he
expressed his doubts as to the guilt OF
| Zimmerman. l assured him of my con-
fidence in his innocence, but, of course,
did not state my reasons therefor.
II did not know of the previous at
tempt to have Zimmerman pardoned,
! which resulted i'll Communication &c
twenty-five years by Governor Water
man.
Some time before the death of Mr.
Eagon | met him in Sacramento. Oul
conversation recurred to the Zimmerman
case. He seemed worried, and said he
had for long time felt that Zimmerman
was not guilty and ought to be pardoned
He then for the first time informed me
that Ed Neff, my client, had been dead
some time. Being fully assured that this
was true, | felt it my duty to state what
knew.
II did so, stating fully to Mr.. Eagor
what have here stated. He seemed greatly
to apply for and secure his pardon, and
asked me to at the proper time make affi-
davit to the facts stated. l assured him
would. / again met Mr.. Eagon a few
weeks prior to his death. He assured me
then that he was preparing the necessary
papers and would shortly call upon me.
| His death followed; others then had the
| pBLltlOu dHu DdpCio III thC SdaOs duQ cOCnl
10 have neglected the matter, and only
recently called on me for this affidavit, OF
it would have been sooner presented.
81 therefore earnestly join in the peti
ton for the pardon OF Zimmerman"
THE DISTRICT ATTORNEY.
Among other documents on file in the
case is one from District Attorney Perry
in which he states that it was nearly two
1 years after the murder before suspicion
was directed to Zimmerman and Ed. and
John Neff, the latter of whom be had al
ways believed to be the most guilty OF the
three, but who, for some reason which he
does not state, was never prosecuted.
Circumstances convinced Mr.. Perry, he