The herald., 1894-07-21
BEING EXAMINED FOR FELONY,
Engineer Patterson Accused OF
Assault to Murder.
Story of the Firing Upon the Santa
Barbara Train.
Engineer Martin tho Man Who Was Shot
at-A Row In Court Between
the Attorneys on
Both sides.

The preliminary examination of En-
Rineer Henry Patterson occupied the
whole of yesterday in City Justice Sea-
mans court. Patterson WAS arrested on
the night Of July IL on q charge of shoot
ing at Engineer J. G. Martin on the
Santa Barbara train, about two miles
north of the city.
The court room was crowded with all
eizes, colors and conditions OF people,
anxious to see the man accused OF 30
heinous crime as firing upon railroad
train, and that, too, during the greatest
.etriks the country has ever seen.
The prosecution has so far produced
only circumstantial evidence, but 1t
looks little squally for Mr.. Patterson.
The defence announced at the outset of
the examination that it would probably
have no Witnesses, and all those sworn
yesterday were for the prosecution,
The people were represented by Dep
uty District Attorneys Davis and Rush,
assisted by Walter Trask, for the South
erD Pacific Railway company, while
Judge Ling and Horace Appel were
counsel for the defendant.
At the opening OF the court Attorney
Appel read demurrer in which he al
legged that the complaint WAS faulty in
that it charged two offenses-an assault
upon ]. @. Martin and IN assault upon
A. w. Hall, Martins fireman. He
moved that the demurrer be sustained
on those grounds, and presented author
tiles on the subject. Attorney Ling,
also for the defense, stated that if the
complaint had charged an assault with
deadly weapon upon one ]. @. Martin,
and ct the same time and place an as.
eault upon one A. W. Hall, there would
be no fault. He averred that such q
complaint would not hold good as basis
for an indictment or information.
Deputy District Attorney Rush said
that it might not be effective in an in :
dictment or an information, but this
was hearing to zee whether IAN" Of
feDse has been committed-not "the"
offence charged in the complaint.
Attorney Appel, in f1owery pitch of
eloquence, advocated the sustaining of
the demurrer, but the court overruled
it, and the examination was begun.
Engineer Martin, one of the men upon
whom the assault was alleged to have
been committed, was she first witness
called by the prosecution. He testified
TO having known the defendant Patter-
son seven years. On the evening of
July 18th. he stated, he WAS engineer of
the Santa Barbara train, No. 27. On
that night, when the train was near the
north switch, shot was discharged,
the bullets taking effect directly in front
of him, in the engines cab. The train
was running about 10 miles an
hour. the usual speed having been les
sened at that point. Martin saw the
fiash OF the gun, little in the rear OF
him, on the righthsnd side Of the on
CINE and track. The shot struck the
side window directly in front OF him,
eight or 10 inches from his body, just
above his hips. He found buckehot
window frame. He identified the shots,
thought the shots were fred at dis
lance of 20 or 80 feet.
An exciting episode took place when
the attorneys for the defense asked that
the bullets be marked as an exhibit.
District Attorney Davis made some
remark about the introduction OF the
bullets as gu exhibit at this point, when
Attorney Appel referred to an alleged
attempt on the part of the prosecution
to suppress the evidence.
Mr.. Davis became freDzied with anger,
and arising, faced Appel. He denied
empbatically that there had been any
attempt to suppress evidence, and
seemed anxious to emphasize his asser-
tion by force. Appel. too, waved wroth
and claimed that Davis had insulted
him.
A fisticuh seemed imminent, when
Attorney Trask for the prosecution arose
between the angered lawyers and said
such proceedings were disgrace to the
court. This had a tendency to pour oil
on the trou BLEED waters, and the angered
gentlemen resumed their seats.
Deputy District Attorney Rush arose
and suggested that if the attorneys on
both sides would be more careful in in
terrrpting each other, there would be
no trouble, and referred to the defend
ants attorneys as having tried to be
funny.
Mr.. Ling answered him by saying that
he was decidedly tired OF being lectured
by the district attorneys Office, and he
didn't propose to listen to it any longer.
Mr.. Martin WAS then excused by the
prosecution and I. H. White, a draughts-
man, WAS called to show the distances and
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