The herald., 1894-07-06

was called to the witness etand and was
asked if he had brought with him the
kilograms which had been called for.
He replied that he had not, and Mr..
Call wanted to know why. Mr.. Boards
ley quietly replied that he was awaiting
the decision of the court in regard to
whether he should or should not do so.
Judge Ross stated that nothing had
been submitted for his decision.
Mr.. Call then asked that Mr.. Boards
ley be directed to produce certain tele.
CRANE, snd Mr.. Byron Waters objected
to such an order being made, quoting
authorities relating to his understanding
of the law. He objected to the produc-
ton of the kilograms on the ground that
nothing was specified in the affidavit
against Conductor Heartt that hs had
| sent any kilograms.
Judge Ross said that the government
witnesses had given testimony tending
to show that Conductor Heartt had re-
fused to resign his position before he re-
signed, and he had testified that he re-
signed before refusing. The telegrams
were to be introduced to throw some
light on the conflicting testimony.
Mr.. Call stated that that was exactly
the purpose for which the kilograms
were asked. The government expected
to show that at the time he was acting
under the injunction OF the court Mr..
Heartt WAS receiving telegrams and
sending them in pursuance of q design
to tie up the movement of United States
mails.
Mr.. Waters still objected. saying that
while the government said that the tele.
grams might be material it had not
shown 1t. They could not fish for evil
dence.
The court said that when the kilograms
were produced their relevancy could be
passed upon, and the subpenas were
sufficient. He directed Mr.. Beardsley
to produce the kilograms.
Mr.. Beardsley asked that he be served
with written order. The court hesi-
tated @ moment, but granted the re-
quest. Mr.. Bsardsey said it would take
him some time to find the kilograms,
and he WAS excused. with the order to
get the kilograms and bring them into
court.
R. r. Haines, manager OF the Postal
Telegraph company was called, and in
response to inquiries stated that he had
no kilograms from or to the defendant
on the dates mentioned in the subpoena.
tanning what was said to be o telegram,
but, Mr.. Lanme. who represented him.
objected to his being questioned about
it rs he had not been suhp9aaed to pro-
duce it. After some discuesion Judge
Rosa decided that the fishing excursion
OF government counsel would not be per-
mitted, and Mr.. Haines left the stand.
The defense then introduced some tes-
timony relative to the manner in which
Mr.. Heartt acted last Sunday morning.
J. B. Bradley testified that he was at
La Grande depot Sunday morning last,
and heard the conversation between Mr.,
McGovern and Mr. Heartt. Hesrtt
called McGovern and told him he wanted
to see Beamer. McGovern went away
and came back. saying that if Haartt
wanted to see Beamer he could come to
him. Mr.. Heartt then said to Meow
ern: swell, Pll tell you then that re-
sign from my position in the company.
and will not 60 out"
Nelson B. Church. hoatler for the
Santa Fe, testified that he also was
present. II was Mr.. Heartt's turn, end
they called Mr.. Lsvnard. But Mr..
Levnard said it was Heartt's turn.
Heartt got his orders and came along
the train in his uniform. When Mr.
McGoVern came up TO hlm, he 6ald no
resigned his place and would not take
out the train.
@. f. Spencer testified to the same
effect, saying that he heard Mr.. Heartt
tell Mr.. McGovern that he wanted to
see Mr.. Beamer. McGovern went away
and came back saying Beamer would
eco him in the Office. Heartt said that
McGovern would DO as we'll, and he
wanted to tell him right there that he
resigned from the Southern California
company and would not take the train
out.
Adjournment was taken at this time
until O'Clock, to give Mr.. Beardsley
time to produce the kilograms.
When the afternoon session OF the
United States court opened, Attorney
Wilde, representing the Postal Tele-
graph company, asked that all kilograms
sent previous to the issue of the injunc-
tnn. ha not Dreaer tad in avidanca nnleaa