The morning call., 1894-08-09


this. General Hart claimed that the dis
patches were simply admitted to save time,
and no one had stipulated about their gen.
uinenesS. The reporter was asked to pro-
duce his record. 1t read that the dispatches
were admitted in evidence. ALVIN Bruner
contended that they were IN evidence.
General Hart maintained that it was a
trick. that his understanding was to
admit them in order TO save time, and that
they were admitted for Identification.
Il have made no concession" said the
attorney for the defense. that these dis
patches were signed by any of those de-
PENDANTS" Both sides argued the case at
length, Carroll Cook and A. Bruner main
tanning that once being in evidence their
genuineness was admitted.
Judge Fisher said bis understanding was
General Hart stated that the dispatches
were admitted for Identification, and that
it would be necessary to prove them.
Get your experts, gentlemen" cried Judge
Fisher, land prove those dispatches"
That ended the natter for the morning.
Most of the afternoon was consumed in
expert testimony as to the authorship of
the various kilograms Offered. There
Union. c. w. Bush, cashier of the Bank
OF YolO, acted as expert He testified that
the great majority of the dispatches were
IN Knox's handwriting. The now famous
Willows telegram was the subject of some
annoyance to the expert. An example
was given to him of a dispatch supposed
TO be written by F. 7. Maddely. The ex-
pert said that he thought that both the
eXamplar and the Willows telegram were
il the same handwriting. The same
party wrote BOTH" he said. He denied
that the dispatch was in Knox's hand
writing. Carroll Cook offered the lexam-
pIar and the dispatch in evidence.
General Hart objected on the ground
that MaddeIy is not a defendant in the
case, and Judge Fisher sustained the OBJ
lection.
Carroll Cook retorted that F. Y. Mad
dely was acting secretary of the American
Railway Union at the time, and they could
show he had often sent kilograms for
Knox. He said the prosecution was pre-
pared TO argue the case on the spot
For the first time since the trial begun
Judge Armstrong appeared in the case in
court for the prosecution. Up to this time
Armstrong has been preparing witnesses
and other work of the kind, and his aD-
pesrsnce as an active partici pant in the
court proceedings created some excite
ment. Alvin Bruner was on hand with an
arnlful of lawbooks and Judge Arm strong
stated that the prosecution would argue
the case to the end.
Attorney Gaddis said the defense was
prepared 10 let the dispatches go in subject
To objection aud argue the point at the end
of the case.
IF it goes in at ALL" said Judge Fisher,
sit will go in as evidence now. [ don't
want an argument at the end of the case.
I'd rather not have an argument now. but
If it must be argued go on"
General Hart, who had been out, re-
turned at this moment, and his advent was
the signal for rush for the courtroom. 1t
had already gone forth that there was a
forensic row on hand and the court was
packed to its utmost capacity.
IF there is any one here pregnant with
an argument" cried General Hart, 'let
him proceed and deliver"
After few minutes 6ranging between
the attorneys and the court as to whether
the arguments should go on. Judge Fisher
said, Let's 90 oD, gentlemen"
The defense waived their opinions and
Judge Armstrong made lengthy argu-
ment for the prosecution. Judge Fisher
called in Judge Murphy to sit with him.
In the course of his argument Judge
Armstrong said that it was not only the
defendants who were on trial but the per-
petuity of republican institutions. He
maintained that the A. r. .. was an un-
lawful assembly organized for unlawful
purposes, and that under the law of con-
spiracy when a crime was committed all
were equally guilty. He read much law
in the case and said Maddely was the act
ing secretary of the a. r. .. He took the
law of conspiracy as the basis for his ar
gument.
In reply General Hart said that not a
case quoted bore on the question at ISSUE
"If be had told me that if three or four
men conspire together for an unia wful act
each is guilty of the common desire,
would have told him agree with him."
said the general. There is not lawyer
in the country would deny that. but the
difficulty IN this case under which the
minds Of the prosecution have become so
clouded lies in the application Of this gen.
eral principle to this particular case"
The general scored what he termed ''a
case lawyer" asserting that there was no
argument in the statement of elementary
principles which any schoolboy under
stands. IF it could be shown" said he,
that there was any conspiracy between
any of these defendants and the men who
deralled the train each would be guilty.
This is true in law or morals. But where
Is the evidence in this case to show that
any defendant in this case. including even
Mr.. Worden, was associated with those
men? Who were the men that crossed
the river thirty minutes after the derailing
of No. 4? Who were the men that drove
back the A. r. .. man from Dunsmuir?
Have they been connected with this case ?"
General Hart went on to say the railroad
company was really fighting the case
because their men would not submit to
them. sis it true" he said, shat now in
the United States the organization of labor
is unlawful? Is it to be determined by
this court that a conspiracy exists because
the poor people combine to better them
selves? Your Honor, there is a revolution
and no man spoke in more prophetic
words than Mulln when he said There
is revolution but it is political revo-
luton that is 20 take the Federal Govern
ment from under corporate rule. 1t is
political revolution which the prosecution
shall soon feel. 1t is revolution that will
destroy the powers OF this corporation.
spoke OF revolution"