The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-07-22


difference in the report if train had
been passing at that time at the rate OF
is miles an hour. 1t might, however,
have interfered with the hearing. he
had been looking in the direction OF
where he had seen the flash before the
gun WAS fired. He had fairly good
view OF the place. He said ii the orch
ard was between where he stood and
where the gun was fired ne had seen the
fash, although he did not claim that
he could see through the orchard.
He had, though, seen the first
flash. After he had met Taylor
and Officer Woodward on the track
the latter had gone after his horse,
while he and MIR. Taylor went up the
track. 1t WAS about six minutes from
the time of the fash before the ofncer
went toward his horse. He and Iayi
went up the track about 60O yards, per.
haps. They had not seen anybody, put
had heard someone laugh. Ii neo
sounded like q woman's voice. From
the time that Officer Woodward lett
there until he had called that he mad
gotten man, it had been about eight
minutes. After Patterson was sent TO
the Jail, Woodward took some OF the men
OF the road, while the witness had taken
on hand car. He hal eeen man and
woman going down the road. Did not
know whether they had done the laugh
ing. Previous to the arrival OF the tram
he had seen many teams passing along
the road. He had talked more or less
with every man in the posse as regards
his testimony. They had discussed the
matter frequently, but had not made 1t
any particular topic OF conversation.
When the gun was picked up 1t had
fresh powder marks. He could tell that
it had been fred that night. He was
sure that it had been discharged but
once there. Gould not say how many
times it had been discharged before. but
he was positive that only one barrel
had.
When he had found the cartridge in
Patterson's pocket he asked him what
he was doing there with cartridges In
bis pocket and no shotgun. He replied
that he was just shutting around there.
"Lost in the shuttle" suggested Dir.
Trask. "Well," said Mr.. Appel. "the
counsel may get lost in the shuttle yet
before they get out Of this" This WAS
followed by little exchange of courte-
sizes common to attorneys, in which both
sides claimed they were entirely salts
fed with the way things were going.
After come further questioning the wit
nee9 was excused.
lfs George Taylor was next called
and examined by Mr.. Traek. He teati-
fed that on the night OF the shooting
he was deputy marshal in the South
ern Pacific Yards. Mr.. Patterson had
been turned over to him to take to the
| Jail. The attorney asked him what had
taken place while taking him to the jail.
The witness replied that Patterson had
tried to escape. This called forth vigor-
Gus objections from both Mr. Ling and
Mr.. Appel. The objection was sus-
tanned on the ground that the witness
YVES forming conclusions.
MIR. Trask then asked the witness to
tell all that had taken place. Mr.. Pat
terson had struggled to get out, and in
the struggle he and the witness had
fallen out of the carriage together. He
"s-o1 s liza e.. - j. "a tso4s .
no wrong and did not like the idea OF
being taken to Jail.
The witness had not searched the
buggy. He was then examined as to
where he had been before the Santa
Barbara train had arrived, and regard
ing the situation OF the land in the
vicinity of the alleged shooting.
John Stephenson, police officer, WAS
next called. He stated that when he
had first seen Patterson was on the
night Of the shooting. Patterson was in
charge of two men. When he saw them,
Patterson was on the ground and one
man had hold of him, while the third
man held the horae. The witness was
told that Patterson was the man who
had shot at the engineer of the Santa
Barbara train, and to handcuff him. He
had examined the buggy and found
boxes of cartridges and reloading tools,
ETC., which were all introduced as evil
denee.
While bringing Patterson down to the
jail he had conversation with him.
He asked Patterson why he had shot at
the engineer, and he had replied that he
had not done go. The witness replied
that he did, and he had then said it had
been his partner. His partner had told
him that he would shoot the headlight
out of the engine and give the boys a
scare. Later on Patterson remarked be
his folks, and still later declared that he
did not care to go to jail, but guessed he
would have to.
The witness was then turned over for
croas-exsmination. but as it was 10
O'Clock the court declared a recess until
p. n.
When the examination was resumed
in the afternoon, Frank Flint, who, at
the time of the shooting, was acting
United States marshal, was called to the
stand, Officer Stephenson being excused.
lie testified in detail as to the CONVEX
sation he had with Patterson on the
night of his arrest. Patterson had told
him that blacksmith named Caldwell
WAS with him ON the night of the shoot
ing. When he and Caldwell reached the
north awitch, after having been on a
hunt in the vicinity of Burbank, Cald-
we'll got out of the buggy and said he
would 60 over and put some signal tor
pedoes on the track just to give the
boys scare"
Officer Stephenson was then recalled
by the defense and took up his testi-
mony where he left off in the forenoon.
He said that Patterson told him that he
(Patterson) would not give his partner
away.
Deputy Sheriff William Cline testified
to being present when Patterson WAS
taken to the county Jail. He helped
search Patterson at the jail and found
several cartridgss-12 gauge-in AN out.
side coat pocket. There were also some