The herald., 1894-07-21

which he explained by a map. The
witness, upon cross-examinGtion, testi-
fed that he made the map from figures
given him, and not altogether from per-
sonal observation. Attorney Appel so
closely questioned the witness that he
would not swear the map was correct,
but stated that he left out several
clusters OF trees. whistle post, fences,
cars, etc.
The attorneys for the defense moved
to dispense with the map on the ground
of its incorrectness, but the court re-
served decision until the prosecution
could have opportunity to prove its COM
potency and correctness.
An adjournment was then taken until
2 o'clock.
Engineer Martin WAS recalled by the
prosecution. He testified as to the dis
tanceH from where the shot was fired
and where glass was found on the track
which was knocked from the cab by the
shot. He said he did not stop his train
until it had crossed the river. He saw
no one shoot, but saw that the shot was
fired from the shadow OF o cluster OF
trees.
Upon cross.examination the witness
stated that the crew ON the train that
night was Conductor Hartell, Fireman
Hall, Brakeman W. A. Brown and Bag
gageman Fowler. He testified that he
was not keeping cases" on the number
of whistling posts, when asked by Attor-
ney Ling. The attorney protested to
the court against the interruption of a
hired lawyer" meaning Trask, who rep
resented the Southern Pacific railway.
There Was quite o spat between Ling
and Trask over the manner of question
ing the witnesses. but after matters
quieted down Attorney Ling attempted
to prove by Martin that he was sitting
in such position in the cab that he
could not see the flash OF the gun. Mar
tin said it was impossible to tell the
number of persons with whom he had
converted concerning the shooting. He
could not testify as to whether a man
named Archibald WAS the one who fired
at him that night. He hadn't seen
Archibald for over year; had formerly
known him at Santa Barbara.
Conductor j.. e. Hartell testified that
he had known the defendant Patterson
for several years. Witness was on the
train that night. He was standing on
the front platform OF the front coach,
which was next to the engine. He saw
the flash of the gun and the man who
evidently fired the shot. The train con-
tinued until it reached the river, where
it stopped, and he notified Police Officer
Woodward that the train had been FREQ
upon. He did not know where the shot
struck until his train got into the
yards. He swore that the train was not
~ l.
Judge Seaman granted a motion OF
Attorney Ling for the defense striking
out evidence showing the difficulty ex-
isting between the A. r. q. and the
Southern Pacific Railway company.
On cross examination Conductor Har.
tell said he mad no feeling regarding the
strike, but had feeling against some of
the A. r. u. because they called him
'scab." He had no ill feeling against
the defendant Patterson. He was pos
tive he saw the flash, the man and the
gun.
Officer Woodw ard, who arrested Pat
terson near the ecene of the shooting,
was called to the stand by the people
and questioned by Attorney Trask. He
tagged the train go as to allow the sol-
diers to get aboard to Escort the train
into the city. Conductor Hartell told
him that the train had been fred upon,
so he mounted hin horse and went to
the scene half a mile north. He met
Patterson in buggy in tho act of driv-
ing through the trees and placed him
under arrest. He took him
back toward town, meeting Dep
uty United States Marshal
Benedict, who placed two deputies in
charge OF the prisoner and took him to
the Jail. Cartridges were found in Pat
tereon's pocket. On going back to the
scene Officer Woodward found ehot-
gun which was produced in evidence.
He swore that he saw no one else at tho
scene but saw man and woman on tho
road.
At this juncture, it being 5 O'Clock,
Judge Seaman announced an adjourn
menS until $50 O'Clock this morning,
when numerous other witnesses will be
heard and the examination probably
finished.