The morning call., 1894-08-12

10 clear the room. There was general
feeling of disappointment when at the
close of the argument, Judge Fisher an
nounced that he did not feel able 10 decide
right away and continued the matter until
Monday afternoon. He will render his
decision then. II adverse, then the defense
will Immediately proceed. Over 200 wit
nesses have already been subpenaed. II
Knox, Mullin and Compton are released.
they will be Immediately arrested and
taken before Superior Judge Grant as
committing magistrate. The prosecution
has already announced its determination
to arrest these men every time they are
discharged.
1--WE will examine them before every
Justice in the county," declared Alvin
Bruner.
No concealment is made here Of the feel
ing against the prosecution. Judge Grant
is said TO be bitter against the strikers
and the prosecution is counting on this in
their expressed intention to take the men
before him. II is said there would be
little chance for the men even giving bail
If taken before him.
The exam ination of ApplemaS has been
set for Monday by Judge Fisher. 1t is
practically the same testimony as in the
other cases.
General Hart this morning opened his
argument by saying: Your Honor, what
had to say yesterday in relation to the
case: was with the view of establishing
that the prosecution in the case is an alb
surdity, that probably theory had been
formed and evidence furnished for the
8 1tah fhat
The appearance Of this boy upon the
stand, on whose testimony the prosecu-
tion entirely rests, was such in my 1udg-
ment to deny any credence whatever to
the prosecution. The manner of his APP
pearance, the way in which he was
brought here, his conduct while upon the
stand. indicated to my mind very clearly
that it would be an injustic to base con-
viction upon anything he may have
said. My recollection is that there
we're three rails instead of two
removed. If there were two rails re-
moved there must have been six fshplates
removed. If there were three. then there
must have been eight plates. There were
six bolts and twelve nuts to be removed in
the period of ten. fifteen or twenty
minutes. There are two nuts to each bolt.
II there are seventy spikes to each rail,
| and if there were three rails, there would
be 210 spikes to draw. Ii they removed
| them on one side only there would be 105.
| If there were two rails removed there
would be seventy spikes on one side. The
idea of this prosecution was to establish
that these rails were removed by the men
| who took this wagon out. We have no
direct evidence of the fact. We have only
the evidence that the wagon went out.
There is nothing in wagon going out that
day outside of the testimony OF the boy,
and the fact that there was wagon and
six men would be of no value, for there is
no presump tion that wagon and six me n
were at the side of the river and came
toward Woodland. In the inves tigation of
this testimony we must give the fact of
hiri g that wagon, getting the tools, bring
ing them to the point where they might be
used in the movement of rails.
sit is not at all improbable by the testi-
mony of this boy that that rail was taken
up in the manner In which hundred rails
are dislodged every day in the year. In
the public journals of yesterday we read
of the derailiDg of a train. Trains are
often deraied many times by the negli-
gence of the railroad people. They bring
to your Honor as testimony on which to
hold some men and bring disgrace upon
an order boy. and they bring him here
under circumstances which indicate that
they doubt his integrity. And l wish
again, in the commencement of my argu-
ment on that question, to repeat to your
Honor that 1t is not fair nor right; that il
is not in accordance with our ideas OF To-
vestigatlon and the determination of facts.
when the witnesses. and particularly the
boy, should be brought into the courtroom.
evidently under coercion. under fear,
which should prevent his examination in
an important case. / pity the lad who
has been brought here. and who testified
upo, this stand, because of the manner ex-
hlbited by him on the stand and on &C
count of his surroundings.
"a detective, your Honor, Is in my mind