The record-union., 1894-05-21


General" Smith, the principal witness
Tor the prosecution. Hea referred to the
army leader as the greatest mountebank
on earth, whose testimony was false from
beginning to end, and was proven so by
his comrades on the stand. He said ne
could not help but think that the Justice
would discharge the defendant. Tor from
the evidence adduced Justice Gwynn
could come to no other conclusion than
that Fleckenstein was in the act OF pre-
serving his own life when he fired the
fatal shot.
JONES' ARRAIGNMENT OF THE PERSE-
CUToRs OF FLECKENsTEIN.
c. T. Jones, who also represented
Fleckenstein, followed. His argument
was very forcible one and was listened
10 with deep interest, and it was evident
that most persons present believed with
him that FIeckenstein not only did right
when he shot Paisley. but that he should
have shot others OF the mob who were as
saulting him.
Mr.. Jones first complimented the court
on the impartial manner in which the
case had been conducted, criticised the
District Attorney for asking that tleck-
enstein be held for murder after admit
ting that technically it was case of man
slaughter, and then briefly reviewed the
history OF the various so-called Industrial
Armies and the riots and bloodshed that
had resulted in other parts OF the coun-
try. Coming down to the facts in the
Rocklin case, he said:
Believing that your honor intended to
do your whole duty, and dared to do it,
we have presented all the facts in this
case, having nothing to conceal. We
have brought up our witnesses and we
have brought up the defendant and placed
him there on the stand, to undergo the
ordeal of a eross-eXamination at the
hands OF as able a District Attorney as
there is in this State, and | ask you III all
candor, [ ask you as man, | ask you as
a magistrate, if you do not believe-and
l appeal TO all that head him il they do
not believe that 10 Fleckenstein, when
he was upon the stand, told the truth. the
whole truth and nothing but the truth iii
this case?
There is no question but what there
was a complaint sworn to and a warrant
issued and placed in the hands of MIR.
FleckensteIn for service; there is no ques-
ton but what that was legal document;
there is no question but what he was an
officer: there is no question but what he
legally made the arrest. Recollect that
the law is entirely different when a man
is acting under a warrant, as an officer,
than when he is simply acting as cltl-
zen. He has a duty that he is bound to
perform toward the public. 1t is his duty,
warrant, to keep him. 1t is his duty not
to permit anybody to take that man away
from him; and il men nave embled
together and agreed to resist the officer
and to take that prisoner and to commit a
disturbance of the peace, they are guilty
of riot, as defined by the code; and il in
the suppression of that riot they are
killed, the officer is justified.
Take the Industrial Army Witnesses
once in a while in their testimony the
truth cropped out-and | think you Will
come to the conclusion that this is about
the state OF facts: The officer got upon the
cab of the engine and read his warrant to
Williams, the engineer. Williams agreed
to 90 with him. They got upon the
ground. Then somebody said: Take
him away from him." Now, if there
were twenty Industrials swore they did
not hear that, there were lndustrials who
swore that such an expression was made
use Of There are men who say they did
hear it, and the testimony of responsible
men is that when they heard that Fleck
enstein drew his pistol and said: "Y ou'd
better try it % or You'd better attempt
itn'
Did he have right to do it? Why,
acting as Constable in the face of a mob
like that is no paltry position to occupy.
The man takes his life in his hands and
should have the bravery or fearlessness
to perform his duty as an officer | tell
you that the man that holds the position
of peace officer has the lives and property
of the community in his hands, and we
depend upon him to do his duty fear
lessly-to see that the law shall be exc
cuted. 1t is an important position TO
occupy, and | always feel sympathy for
the brave officer that dares, in the face of
a mob or in the face of bravadoes who at
tempt to intercept him in the perform
Af Il I,ttU to hay l0e To
stand mp and say: Il know my duty and
l dare to perform it !"
Now he walked along with this man,
and it is in teStimony-it cannot be dis
puted-that he turned around, as the
lob came behind him, and said, stand
back, gentlemen! stand backi If you
leave me alone there will be no harm
doner' or words to that effect. Did he
step outside the line of his duty in doing
that-walking along with this man with
a bowling mob of three or four hundred
men behind him? And it is in testimony
from witnesses that cannot be disputed
that the word was given, 'Get your
gnnsi
One of the Industrial men testifies that
he ran along the cars and told the men
that the engineer was arrested, and he
tells you that he laughed 10 think that
there was a man that dared 10 do his
duty. He thought that it was ridiculous
that man, in the face of that mob, would
attempt to arrest one of them. de also
testified that they had sworn to stand by
and protect each other. What did they
rush up to the officer for? There is no
use in saying that they did not intend to
do violence to the officer.
There is no use in saying that they did
not intend 10 rescue the prisoner. They
attempt to excuse themselves by saying
they only intended to take his pistol
away. lie drew his pistol, as he had
right to. He heard them say, Take him
awayn' and he must have heard them
say, Bring your gunsp Why did they
want to bring their guns? Do you believe
the ladies who testified they heard the
exclamation, Bring your gunsW are
lying in this case? Do you believe the
respectable men who have testified in
this case are falsifying when they say
they heard the cry, Bring your guns?'
Take him away! We are towards if we
permit this man to take hini!"
Now, place yourself in that position.
The law OF self-defense, the law of justi-
fable homicide, is and ALWAYS has been
this: The law makes a coward of no
man. God placed the right in every man
To protect his life and limb. God instilled
the obligation, and so does the law, inlo
the mind and heart of every officer who
intends TO do his duty, that before he ac-
cept the Office of Constable or Sheriff he
would take his life in his own hands, if
necessary, IN the execution of his duty as
an officer; that he would execute the pro-
cess and allow no mob to take his pris-
oner from him, or to disarin him. What
right had they 10 attempt to take this
pistol from tleckenstein? He had not
used it; he had not attempted to use it;
he had not maltreated the prisoner He
goes on. ard they kept coming closer and
closer, ana yelling and talking in that
way. Did you ever see mob under
such circumstances Did you ever see
riot? Every act, every exclamation of
such crowd, or mob, under those cir
cumstances, means death TO the man they
are after. or inlnry narhars for life Elacl:-