The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-28
HE WAS PEACEFUL
Opinions of Appelman's
Character
GIVEN BY MANY PEOPLE.
General Hart Will Try to Prove
an Alibi.
GIVEN BY MANY PEOPLE.
TESTIMONY OF SALoON-KEEpERs
Defendant Was Seen in Sacramento
at Different Hours of
the Day.

WOODLAND, Dec. 27.-In the Appelman
trial, resumed to-day, District Attorney
Head and Judge Armstrong did not par
ticipate. The District Attorney is still
unable TO leave his room. Judge Arm
strong denies that he has withdrawn from
the case. r. Clark assisted Mr.. Cook in
the prosecution.
General Hart made the opening state
ment for the defense. He alleged that he
would be able to prove that the defendant
bad always borne a good reputation for
peace and quiet, that his character was
good and that he had always been peacea-
bic and lava biding citizen; that many of
the witnesses for the prosecution had
sworn falsely. and that their reputation
for integrity and veracity was bad. He
further alleged that he would be able to
prove that the defendant was seen in Sac
ramento on July II, between the hours OF
10 and IL A. NJ, on Second street, that he
was seen a little later in DIllman's saloon,
that shortly before noon be went to the
restaurant managed by the ladies of the
a. II. q. and assisted them until about
o'clock; that he was seen in Washington
In the afternoon at an hour that would
have rendered it impossible for him to
have been in the vicinity of the wreck
when it occurred or to have taken the ride
up the Elkhorn road.
Judge Divine of Sacramento was called
AS the first witness to prove that great eX-
element existed in Sacramento on the 18th
Of July. and the witness made the state
ment that he had to go away, because it
was getting too hot He referred to the
state of feeling that existed and did not in
tend to convey he idea that he had any
thing to do with the wreck.
William Todhunter was the next witness.
He testified that the defendant was in his
stable in Washington between the hours
of and o'clock in the afternoon of July
IL. he further testified hat detendan s
reputation for peace and quiet was good
and that the reputation for truth and YER
acity of Witness Chopper. who testified
that he handed ADpelman gun over the
bar of Duffy's saloon. was bad
James Duffy. a Washington saloon
keeper. also testified to Appelman's good
reputation.
George TOdhunter corroborated the other
witnesses as to the good reputation of the
defendant for peace and quiet and the bad
reputation of Cropper for truth and YER
acity.
Patrick Marley of Washington testified
to the good reputation of Appelman.
II. T. Wood of Sacramento testified that
he saw defendant in Sacramento about s
o'clock on the morning of July IL, and had
a conversation with him in regard to buy
ing horse.
General Hart announced that no more
witnesses could be here before 1 o'clock
and the court ordered recess until that
time.
At the afternoon session Henry Lem
berger was the first witness. He had re-
sided in Washington twenty-five years and
had known Appelman for five years. His
reputation for peace and quiet was good.
]. n. Gill, Washington saloon-keeper.
corroborated Lein berger. Both witnesses
admitted that they had never heard Appel
mans reputation discussed. The prosecu-
ton moved to strike out the testimony of
Gill Oh the ground Of incompeteney, and
the court took the motion under advise
meDt.
Charles Smith also testified to Appel
mans reputation for peace and quiet.
j. 81. GLAND, who clerks 10 Sacramento
grocery-store, was next called Appelman
came into the grocery about II o'clock on
the morning of July II and bought some
bread and bacon. On cross-examinatioD
he said he was only at the store between
and and II and II O'Clock, and he was
not sure which time he saw Appelman.
II. E. Greer, driver for Kent Bros.
livery stable. testified that defendant rode
a sorrel horse into the livery stable on the
18th of July about 10 O'Clock. On cross
examination witness said be wrote out a
statement without solicitation and took it
TO General Harris Office. When asked wby
he had waited so long General Hart inter
fered and complained that the witness was
being treated unfairly. He said witness
could not volunteer his statement at the
preliminary examination because it was
held in one evening and there was but one
volume of the testimony. The prosecution
asserted that there were several volumes.
and In the midst of heated wrangIe the
court took a hand, sustaining the prosecu-
ton, and cut off further dispute with the
remark that the point was immaterial any.
way.
Charles z Rider. proprietor of restau-
rant on wheels, testified that he saw de-
fendant in Sacramento on July IL between
noon and half past and again between 8
and c'clcck in the evening. He had
known defendant for six years, and his
reputation for peace and quiet is good.
The case goes on at $3.50 O'clock In the
inn