The record-union., 1894-08-01


track. When he had gone about two
/ thirds OF mile he saw four men armed
with guns. When witness got a little
farther he saw steam rising, and on turn
| ing bend saw the wreck. Went on to
within 500 yards of the scene, when he
was halted by guards and turned back.
1 When he had returned to where the road
crosses the track witness and his COM
! panions sat down. The Lieutenant sent
word for them to leave. and also asked
witness to turn back anyone he might
meet. He walked up the lane to the
/ county road. Met party OF two in a
cart. They were coming from the direc-
them not to go toward the wreck, and
they drove toward Sacramento.
did you know either of those men?"
Il know one of them by sight,
Have you seen him since?"
"1 es, l see him now in the back part
of the COURTROOM"
The witness here pointed to a man
standing near the door, aud who, on
! being asked his name, gave it as Irving.
The witness continued: Got in with a
butcher to ride. Stopped at the Half
Way House. irving was there, but left
soon atterward."
On crosS-eXamination witness stated
that he had been employed as a switch
man at Sacramento. The usual series of
questions was then propounded to deter
mine TO whom the witness had revealed
his knowledge of the case, and the man
1 ner IN which he was conveyed to Wood
/ land. These questions have been asked
so repeatedly that when one Of them is
introduced everybody knows the regular
/ sequence in which the others will follow.
The witness arrived in this State on
June 10Th. He came in passenger train
/ to Ogden, and then be had but 81 30 left
| q a ~ afna be # ba hxzf aifrht
! train.
Did you have any promise of reward
| in this case?
mo, sir.'
Ibid you not say to ]. II. Thorp on
! last Thursday that you expected to get at
! least $500. If you testified in certain
way in this case ?''
I'm way l did. / was in a crowd.
They were joshing me, and | said in a
Joking way that l might get some money.
L was never In earnest about it."
The witness was asked about converse
uons with persons named Gregory,
/ Evans and Mr.. Taylor in which he was
reported to have said he was going to re-
! celve 5000 for his evidence, and also that
he was to get pass to Chicago after the
! trial was over. These statements, the
wltnoss asserted, were all made in joke,
and were not intended to be taken seri-
ously
"Do you still estimate that you are
going to get 500 tor your testimony?"
Il wouldn't swear to it. l am not look
ing for it. L don't need it,"
'Do you know w. n. Evans, stoker of
the ire company of this place and Mrs.
Taylor, wife of the engineer?''
II have seen them"
Ibid you talk to them about the re-
ward?''
Il did, in the way L have told you.,
"Did you tell Thorp that you could
identity the man you saw pulling up the
spikes, and that you were going to get
| $500 for it?''
mo, sir, did not"
will you swear positively that you
did not?''
Yes, sir, 1 will''
The noon hour here arrived, and as At
| torney Hart stated that the conclusion of
his cross would occupy a
great deal OF time, recess was taken till
l:30.
AFTERNOON SESSION.
On the opening OF court tor the after
noon session Carroll Cook arose and said:
IF the court please, before the cross
examination proceeds further L desire on
behalf of the District Attorney and
prosecution in this case to state that the
crosS-examination of this witness has
brought TO light facts not before known
to the prosecution. From his answers it
is plain that his testimony was given in
view Of anticipated benefits. Speaking
for myself and others with me asso-
ciated, we, although seeking to obtain a
conviction in this case. do not wish to
have the action of the court based on any
testimony we consider uncertain in any
way. All that the witness has stated may
be the entire truth, but he has anticipated
reward. That hope clouds his testi-
mony to degree that makes US request
at this time to withdraw the witness and
strike out his testimony. Although no.
| body has promised him anything, yet he
has said he expected to get it. We would
say to the court and TO counsel, that
| though the witness has been in Wood
land since June 23d, yet he has returned
to Sacramento every evening, and until
last night we had with him our first in
terview. He came to my room and made
Il statement. and upon that statement we
based our examination"
Mr.. Bruner said: II don't think any
man lives who hates any testimony that
savors of reward more than l. [ was
Mortified when this witness stated this
morning that he expected to get reward
for his testimony. If he were the only
witness OF the prosecution / would be
glad to have him Withdrawn. [ fully
agree with the ruling asked for by Mr.
Cook"
District Attorney Head joined in the
request of his associates. The proSecu-
ton hoped for a conviction, but if it
could not secure a conviction on honest
| testimony it did not want one.
Mr.. Hart objected to the withdrawal of
the witness. Under other circum-
stances" he said, ''the defense would
cheerfully accede to the request. Under
present conditions, however, if the mo-
tion were TO be made in this case it ought
to be made in regard TO the testimony of
several OF the witnesses who have been
on The stand heretofore. When we find
that the witness has been touched by the
faint OF corruption, it becomes our duty
to investigate ii the defendants have
been made the unfair victims of the
prosecution. We therefore ask that the
motion asked for be denied.'
Judge Fisher stated that the motion
would be granted, and the order was
made, despite vigorous protest from the
attorneys for the defense. At the request
of the defense. however, the witness was
placed IN charge of an officer, to be SUBJ
| iected to further examination hereafter.
V. ). McClatchy of Sacramento was
next called. During the strike he had
several conversations with Knox. Had
talk with him in which purposes of the
strike were discussed. Knox told wit
ness that they would permit the removal
/ OF train consisting only OF an engine
with mali and express car, but would
not allow the removal Of any other train
! till the railroad company would accede
/ TO their demands.
! On cross-eXamination witness was
/ asked if Knox had said until the trouble
was settled, instead of ''accede to their
demands" but witness was certain that
/ the import OF Knox's conversation was
as he had given it.
/ Witness was acquainted with a num-
! Der of the shop men, but could not tell
/ whether they were American Railway
| Union men. There were probably 1000