The herald., 1894-12-07
WORDEN'S PARTNER IN CRIME
Closing Scenes in the Hatch
Trial.
The Courtroom Crowded With Eager
Spectators.
General Hart's Eioqrsnt Argument for
the Defense = Mr.. Cooks Reply.
The Case Nearly Ready
for the jury.

By the Associated Press.
WOODLAND, Dec. 6.-At no time dur
ing the Worden Iial were there such
crowds as are in attendance upon tn,
closing scences of the Hatch trial. Peo
pie 60 early in order to get seats, and
those who are late never get any nearer
than the corridors.
AT $50 O'Clock this morning Genera
Hart resumed his argument. He ws
once more in good voice. His excoria-
'ion OF the detectives, Judge Armstrong
Supervisor Casselman and others wal
even more merciless than ever. Tn,
latter he described as q railroad emissary
who stands with his ear to the keyhole
to hear those who are testifying. HI
made livid word-painting OF hired at
torneys, persistent detectives and per
jured witnesses, backed by all that
wealth and influence can command
bounding guiltless man to the gal
lows. and then contrasted 1t with the
picture OF q de.pairing wife. an sffec-
tonate sister and devoted parents,
hopeful but almost helpless on accoun
OF the etings Of poverty. Dav after day
they have anxiously watched the faces
oi the jnrors for some indication OF the
thoughts passing in their minds. Night
after night they have lifted their
prayers to heaven that loved member
OF their family may be sent out Of the
courtroom at the close of this trial
without o stain upon his character.
General Hart closed at noon, having
occupied nearly eight hours in the de-.
livery OF his argument.
At l 80 o'clock Mr.. Cook began his
argument for the prosecution. He be.
gan by saying that the duty he felt
called upon to perform lie the most pain
ful sppertaining to the profession OF the
law, 1t involves responsibilities that
rs an individual he might we'll wish to
avoid, but as an officer of the law he
had taken an oath not to shirk his duty.
Mr.. Cooks opening was very impressive
and was listened to in breathless silence.
81 am not here" said he, ITO employ
any Of the tricks OF oratory or arts Of
eloquencs to persuade YOU to do any
thing that the evidence does not compel
you do under your oath as jury. 1t is
no part of the prosecution to appeal to
passion and prejudice or to be Influenced
by malice. 1t 10 as much the duty
of the prosecuting officer to
protect the defendant as it is to protect
the interests of the people. One-!ourth
of the cases tried by me during four
years service as assistant district attor-
ney were dismissed on my own motion
because OF doubt as to guilt. For ~
hours / have listened to the argument Of
the defense, hoping that some doubt
would be raised in my mind. tried to
digest myself Of the feeling of an attor-
ney and cit as q Juror. | have heard
nothing that shakes my confidence OF
the guilt of the accused. great deal Of
the argument for the defense has been
in the nature OF violent assault upon
everybody connected with the proeecu-
tion save myself Mr.. Hart knows I
would not lend myself to malicious pros
ecution.. He knows cannot be hired by
any corporation or any man on earth to
peraecute an innocent man, but when |
am employed will do my duty regard
less OF consequences, but wholly un n
fluencsd by malice or improper n O.
tives."
Mr.. Cook deplored the frequency ar d
bitterness Of the illusions OF counsel for
the defense to the special counsel en-
pioved, and in reply he ably quoted the
language Of Daniel Webster in his reply
to similar assault upon him when he
was prosecuting McNabb for the murder
of old man White in Massachusetts.
He urged the Jury to acquit Hatch If,
upon the conclusion OF the argument,
there existed doubt for which a reason
could be given. He did not want any
man convicted unless the evidence fully
established his guilt.
"a murder" he said. (which results
from the commission of felony, al
though the murder may not be premsd-
itated, is nevertheless murder in the
fret degree.
"It is a dastardly and atrocious crime
for men to obstruct or weaken truck in
manner that must inevitably result in
wreck and the loss of life. Samuel
Clark and the four soldiers killed on the
l1th OF July were hurled to destruction
without warning. and the men rsspon-
sible for the wreck are guilty OF an at.
rocious crime"
Mr.. Cook then directed his attention
to General Harris allegation that q great
corporation, and not the people, ia be-
hind this prosecution.
''Its trains,' said he, "have been
stopped its property has been de-
stroyed it's employees have been muir
dered F.; the lives of its passengers had
been jeopsrdized. The people demanded
that the railroad should take an inter-
est in the case. 1t is its duty to protect
it's passengers. without the evidence
OF the rsilroad officials and employees
there could be no prosecution in this
case"
Mr.. Cook next dwelt upon the in
justice OF attempting to inhame public
opinion and arouse public prejudice, by
alleging that the defendant is poor.
whilo the prosecuting witnesses are the
slaves of a wealthy corporation. Quot
ing General Hart's declaration, ''l use
these bitter terms because feel bitter. "
Mr.. Cook said: mo attorney in justified
in using such an expression; no attorney
ought to harbor any bitterness in this
trial."
Mr.. Cook then began rapid review
of the testimony. At 4:30 o'clock a
recess was taken till 7 O'Clock. Mr.. Cook
will not conclude before tomorrow.
The trial Of Appelman is SET for Fri
day. Hart and Gaddis have been re-
tanned ior the defense.