The record-union., 1894-01-30
GILMAN RELATES His OWN STORY,
And 1t Materially Differs From That
of Mrs. Truitt.
Fatrick Barry Creates Another sensa-
ton in Court by Calling Mrs.
Gilman a Liar.


Yesterday afternoon the hearing of the
$4,000 damage case of C. II. Gilman
against the proprietors of the Bee was re-
sumed in Judge Catlin's court.
The defense had closed their case on
Friday, and the first testimony intro
duced yesterday was by the prosecution
IN rebuttal.
Mrs. Gilman was called to the stand,
and by means of a diagram explained to
the court the location of the several rooms
in the Gilman residence. The diagram
showed that it would be an easy matter
Tor a person to enter the house and the
room known as Cordie's room. 1t was
also possible for person to step from the
servants room upon the porch, and thus
reach the same room. [Cordie's room is
the one in which it is claimed Mrs. Truitt
one day received her friend Madison,
when Gilman ordered the latter out OF the
house.
Mrs. Gilman was asked if Mrs. Truitt
ever told her that she had known Madl-
son for several years and in different
parts of this State and Oregon.
The defense objected TO the question
and the objection was sustained.
Judge Hou said they desired to prove
by Mrs. Gilman that Mrs. Truitt had
said she had known Madison Tor several
years, and that he came to Sacramento
because she Mrs. Truittl was here.
Mrs. Gilman, in reply to question,
testified that on her return from the
springs Patrick Barry. the hostler, told
her that Mrs. Truitt had come to her
house with blackmail intentions.
This was objected to by the defense on
the ground that it was not the proper
way in which to impeach Barry, as the
question was not asked i'll the same Ian
guage as put to Barry.
The question was then made TO con-
form to that asked of Barry, and Mrs.
Gilman testified that Barry did say to her
that Mrs. Truitt was bad woman; that
she had put up job on Gilman, and had
barn.
At this juncture Barry, who was in the
audience. exclaimed audibly that the
witness was a liar, as several persons
stated who heard him.
Grove l.. Johnson called the attention
Of the court to the matter, and Judge Cat
lin ordered Barry to be seated and to
keep his mouth shut.
Mr.. Johnson said it was clearly an ag-
gravated case of contempt of court, and
asked that Barry be punished for it.
At the request of Mr.. Jones, however,
the matter was postponed until the close
OF the case.
On cross-eXamination Mrs. Gilman
said she went down stairs one night to
get paper, and found Mrs. Truitt and
Madison in the sitting-rOom.
At one time Mrs. Truitt told the wit
ness that she expected to marry Madison
and make Sacramento her home. She
represented herself to witness as Miss"
Truitt never spoke OF having been mar
ried, nor of having a child. She did say
she was helping to support young
sister in an orphan asylum, and the wit
ness, believing her to be an honest young
woman, felt and expressed much SYM
pathy for her.
b. h. Covell, the carpenter, was called
to testify regarding the location OF the
rooms in the Gilman residence. He said
he had known the house for ten or Welve
years, and could not discover that any
changes had been made therein. The
partition at one end Of the front hall he
said had always been there, also the por-
there's over another doorway.
The object of the testimony was, ap-
parently, 10 show that it would have
been impossible for witness Barry to
have seen Gilman in a certain part of the
hallway from the point said to have been
occupied by him.
Mr.. Johnson said the prosecution de-
sired Judge Catlin to visit the house and
acquaint himself with the plan Of the
house.
e. c. Mead, a house decorator, testified
to having renovated the upper floor of
the house. He corroborated the testi-
mony of Mrs. Gilman and Mr.. Covell re-
garding the position of a certain ward
robe and the portieres referred TO.
5. S. Beede, brOther-in-laW Of Gilman,
testified that lie had been familiar with
the latter's house for ten years, and that
no partitions therein had been changed.
c. II. Gilman, the plaintiff, was then
called to the stand. He was examined
by Mr.. Johnson. He testified that no
partitions had been put in the house dur
ing the ten years of his occupancy. The
portieres had been across the hallway
for several years.
In August, 1892 his wife and family
went away to the springs. During their
absence he occupied the same room as
usual. He denied positively having ever
made any assault on Mrs. Truitt, the
house servant. On the night of August
lIth, when witness went home he found
her sewing in the dining-room. She was
preparing TO go to San francisco the fol-
lowing morning. lie went upstairs to
bed. Some time afterward he was awak-
ened by someone knocking on his door.
He asked, 'Is that you, stellar" Her
voice was mutfied, as if there was some
thing the matter with her mouth. She
made him understand that she had dislo-
Gated her Jaw, ana Witness Went OUT anu
called DR.. Fay.
The latter came and set the jaw, having
first called the witness to assist him.
After the doctor went away the witness
returned to his own room, and Mrs.
TRUTHS story Of his having entered her
room and assaulted her was lie.
In accordance with his instructions,
Mrs. Truitt knocked on his door as she
passed out in the morning, and he got up
and locked the front door after her.
That was on Friday, and on the follow
ing Sunday she returned to the house
and informed the witness that she came
up from the Bay on Saturday night, but
was tired and stopped with friend. She
asked him to let her have his horse and
buggy for drive, but he told her the
horse had one shoe OF and she could
not have it,
On the following ..Thursday the witness
went home in the afternoon to take a
bath and a nap, not feeling very well.
He thought he heard mans voice up
stairs. and sent Barry, the hostler, up to
see who it was. The latter returned and
said that Stella was in Cordie's room with
man. The witness went to the foot OF
the stairs, called the woman and asked