The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-11
COOKS BIG TALK.
Not Intended to Shut Off
Hart.
THAT WAS ITS EFFECT.
Whatever the Intent of the City
Lawyer.
WORDEN ENTERS A PROTEST.
Does Not Relish the Exposure From
the East of His True
Character.
WoRDEN ENTERS A PROTEST.

WOODLAND Aug. 10. - Carroll Cook
talked from O'clock this morning until
half past this afternoon. He was argu-
Ing against the motion of the defense to
throw out the cases against Knox, Mullin,
Compton, Worden and Hatch. While his
argument was as it always is, clear and
logical, and bristling with facts, the length
Of time consumed by the prosecution in
arguing this motion and that of the Will
lows dispatch has caused a certain tired
feeling to seize upon the auditors, although
Judge Fisher has shown the patience of
Job under an inllction of wind jamming
such as his Honor will remember to the
last day of his life. So long did MIR. Cook
occupy the attention of the court to-day
that a suspicion gained ground that the
numerous counsel for the prosecution had
put up job to shut off the argument of
the defense. Carroll Cook denies this i'm
peaCbment, but whether Ii was so intended
or not the effect is the same.
General Harris argument was begun a
little before 5 and had hardly proceeded
half an hour before Judge Fisher an
nounced the hour of adjournment. Now,
the Judge is punctual in the matter of ad-
journments and has perhaps also got his
own idea as to what he will do, but if he
has he is not telling any one. The i'm
preston prevails that his Honor will hold
Worden and Hatch and discharge Knox,
Compton and Mulln, but there is no par
ticular reason why this idea should obtain
except from the evidence put in by the
prosecution. That the prosecution is weak
In many points there is no manner of
doubt, even as regards Worden and Hatch
Worden was furious to-day over the
publication Of his record in the East. He
wrote a libelous statement for the re-
porters concerning Judge Armstrong, in
which he admits that his name is not
SAN, and offers 10 wager 500 that no
one can produce The transcript of his trial
for crime. He Interrupted counsel con-
tinually to-day, and is proving himself
worthy Of his Syracuse title Of WINDY"
Worden.
In opening his argument Cook said:
'"The effrontery Of this motion to dismiss
Is on 'par with the conduct Of the de-
Tense from the beginning. The defendants
seem to have lost sight of the tact that
they are on trial for murder, and the
more like the arena where buffoonery is
permitted than a court of justice. 1t Is
about time that the facts eliclted should
have been arranged and brought together
and defendants brought face to face with
them. l am not prosecutor and, being
generally ON the defense, am not actuated
by the feelings that may be supposed to
sway prosecutor. This is a prelim nary
examination; noe a trial. You do not deter
mine the guilt or innocence of these peo-
pie, but if there is probale cause to hold
them. The question here is, sis it prob
able that these men were connected with
this crime? 1t is for the jury to determine
their innocence or guilt. Now what are
we here for? 1t is the province of this in
vestigation to establish that crime was
committed and to discover if it was prob
able these men were connected with ii"
Mr.. Cook then very clearly described
the condition OF things at the wreck.
which he cOntended indubitably showed
that the train was derailed. There was a
determination to murder, as shown by the
fact that the bents had been weakened
where the weight of the train would strike.
In addition the evidence shows that there
were explosions heard at the track CORE
spending to the injury done to tbs trestle.
Sherburn, Graham, Carnegie and Him
berger all heard two explosions, and The
evidence shows that the damage done to
the trestle could have been done in that
way. Reviewing further the evidence,
Mr.. Cook asked if this could all have hap
pened by other than criminal agency.
The second question:" went on Mr..
Cook, sis Who did it p There are two
kinds of evidence. direct and circumstan-
tial. Circumstantial evidence has often
been treated as more certain than direct.
for. as has been said, circumstances can
not lie.' Mr.. Cook then defined circum-
stantial evidence as understood in this
State, quoting from Justice Sanderson and
others to show its reliability. He asked
where should the criminals be looked for
Political history shows there was a strike.
"We look to see what other depreda-
tions we're committed" said Cook, land
find that unlawful acts had been COM
mitted. The strikers were under the lead
of com mittee whose dispatches indicate
that they control 1000 or 5000 men. Have
they done any other unlawful acts? Yes.
at the track We find men armed with
guns. They were not tramps. TramDs
do not carry guns. We have proved by a
witness that the guns were stolen by
strikers. Hence by tracing these connec-
tions back we trace them to II. A. Knox.
Who was associated with him? The evil
dence shows that among them were armed
men. We trace the possession of guns
directly to Knox. We gosamong the men
and find one lGud-mouthed individual, Wor-
den. who acts as the tool of Knox and his
associates of the medat committee.
lie IS found killing engines. He is ordered
under arrest by the United States Mar
shall on account Of being so loud-mouthed.
Yet we fnd him, this daredevil, in the
secret councils of the mediation commit
tee. We 90 into his previous record. We
find that on the morning of July II he had
just returned from an excursion after
cattle and engines. He is closeted from
z until 8 with Knox. He is next seen
going TO the stable with an order from
Knox. He reported TO his master the re-
suit of one unlawful expedition and OBJ
tains from him orders for another. This
man Worden says be is going to Brighton.
but turns and goes to the fremont Hotel.
He meets Appleman, who asks him. DO
you want horses?' What does he want
with horses? He drives through the mill
tary lines and over the bridge. Tools are
taken from the Toulouse. What for?
To make the wagon heavier? No. The
tools are afterward found near the wreck.
They afterward go 10 the scene of the
wreck. When they leave they call out.
hurry up, Doe The circumstances all