The morning call., 1894-08-04

AiNlu DIunSI JCChOQ q bhdb
Mulln was trying to bulldoze.
General Hart found his feet in an in
stant. How could this defendant bull
doze when he is in charge Of the Sheriff,
and Read is protected by the Marshal, De-
teclive hickey of the Southern Pacific and
the District Attorney of YolO? He was
ordered 10 stand aside for fear of contain
mating the patriots of the prosecution"
cried he. I'VE won't permit that kind OF
language"
Alvin Bruner explained that he had told
Read to keep away from Mullln for fear
his conversation might be turned against
him. He said the defense was intimidat-
ing witnesses, and they were compelled TO
protect him.
This drew a seathnG review Of the
methods of the prosecution by Hart. He
pointed out that the witness was in duIess,
that he had been arrested in Redding and
had never had a moments liberty.
Guarded by Hickey, United States Deputy
Marshal Galland, who did not know his
duties and the attorneys, Read was sub
ieet to the same Influences the prosecution
professed 10 fear. Truth needs no pro-
teclion," cried Hart. The Gar of Russia
could do no worse than this. If this is
American liberty God grant that we may
have il changed and have a different kind
of liberty"
He scored the Southern. Pacific Railroad
in burning words for the coercion aud
seizure of witnesses. ut is the first time
l have ever seen witnesses guarded" cried
Hart, kept in dark rooms, and prevented
even from cODversing with their friends.
Tba Cf ba SOutharu Pacific Kali
road Company must be kept out of this
courtroom. If it is not this defense will
not be SILENT but will utter It's protest TO
the world. This man cannot even speak.
Brought here by United States Marshal
acting as the ready slave of corporation,
this man sits here with parched lips,
afraid TO cross the room to get drink OF
water. Is that American? A man In an
American courtroom dare not speak for
fear he should receive the anathemas
OF corporationl Is that American?
By what authority is this man brought
here by a United States Marshal? By
what authority does Judge Armstrong
send him to a room and hold him there
until the other attorneys could be found?
Is this man testifylng from fear. like that
boy who was afraid to do otherwise lest
he should be shot? A boy weeping on the
stand, a witness corrupted according 10
his own statement and this abject slave
guarded by soldiers and United States
officers! This is the spectacle presented
by this prosecution. To this | desire to
enter my emphatic protest. If allegiance
to the United States is slavery to a cor
poration then l am not a patriot. l pro-
test against the bringing here of witnesses
to whom l am not allowed to speak. That
boy who wept on the stand ate his meals
every day with Detective Hickey of the
Southern Pacific at his side. II had wanted
see MIN how could | have seen him?
This shackle must be broken. If this
man leaves this courtroom to-day / want
him to 60 free. To the very end l shall
protest against imprisoned evidence. That
is a new phrase to me, but 1t expresses
exactly what the prosecution is doing here.
Mr.. Mulhn was this mans friend, got him
his position, and when he saw him come
10 testify against him went 10 speak to
him, and this man was hustled away for
fear he should. This man, with the in
gratitude that characterizes the abject
slave, came to stab his friend in the back
and refused to speak to him. Are my
clients to be prosecuted on such evidence?
No, sir. l shall protest at al times
against it.
Carroll Cook answered that the witness
was not in duress and had preferred to re-
main in the custody of the United States
After recess Carroll Cook continued his
argument Alvin Bruner followed and
dwelt on his statement that witnesses for
the prosecution had been intimidated.
Hall IL,
tense deprecated the course of the prose-
cution in employing United States Deputy
Marshals to aid them. He made a long
speech and toward the end remarked that
a witness for the prosecution knew that
a certain witness had testified TO what he
knew to be an untruth. Gaddis did not
get any further than that Cook sprung
to his feet with blood in his eye and nallor
in his cheeks.
'If that remark" he cried, while the
audience held its breath. "had been made
by man of standing in this community I
would resent 1t"
"WhAt do you mean, sir P' retorted
Gaddis. 81 repeat that the counsel knew
that the witness was testifying to an IN
truth"
Cook leaned forward livid with rage.
II will not Ds insulted by a mere boy. l
won't stand it,"
Mayor Steinman got before Gaddis aud
raised his hands high in the air. The
audience rose as a mass. General Hart
sprang from secluded corner and reached
his seat. The Judge raped for order.
For minute everything was confusion
and then General Hart began to laugh and
explained to Cook that he had misunder-
stood the reference of Gaddis. The attor-
ney had spoken of the witness LesheT.
Cook regained con troll of himself and with
candor at once apologized to the court TO r
losing bis temper Good humor was re-
stored and Gaddis went on with the cross.
examination of Witness Read. Nothing
new was elected, except hat be was much
afraid Of something, but he could not tell
what Then General Hart asked ques-
ton that made every one listen attentively.
''Did you ever try 10 derafl a train at
WillOws?"
''No, sir"
Nor ever receive a dispatch to do it?"
mo, sir, didn't"
"Has any one promised you that you
will not be prosecuted as rebel if you
testified ?"
"No, sir. they haven't"
"You are a patriot then. You have come
to sacrifice yourself on the altar of your
country ?'
''If Won call il that. | am." rLaughter.1