The herald., 1895-03-10

Mr.. Denis said that he is and was
United States District Attorney at the
motion before District Judge Ross to al
low Colonel Duncan to practice in the
Federal courts. This was during the
great railroad strike. Judge Ross asked
if the candidate was the same person
whom the morning papers reported as hav-
ing made incendiary speeches the night
before. The court then made the state
ment in general way that he would not
admit to practice in the Unitd States
courts persons who were not in favor of
the enforcement of law and order. He
then took the matter of the application
to practice under advisement, but, sew
eral weeks afterward, while it was still
pending for action, Colonel Duncan with
drew it. The colonel had practiced in
the Federal courts before this incident, in
his own cases and in his own behalf, but
not for others.
stand for the purpose of identifying an
article published in the Times of October
"a, 1891. He admitted it as his own pro-
ductlon, excepting the title, In the Realm
of Prophecy. In reply to question as
to his being man'of great wealth he re-
piled that he was not, but he admitted
that what with realty and other posses
sions he believed himself to be worth be-
tween $40, 900 and $50, 900.
Mr.. Gage-Colonel, you made considera-
BILE money during the last election, did you
not?
Colonel Blanton-I decline to answer
the question.
Mr.. Gage-Was large part of the wealth
which you possess made up of money you
won in a bet from Baldwin?
The question was objected to by Judge
Brunson.
Mr.Gage-As the witness was so anxious
to bet any amount yesterday thought he
30 oh IN ~, \,
ton
Colonel Duncan--I did not finish my
sentence then. l offered to bet an apple
Mr.. Gage-But you said: "Any amount. "
Colonel Duncan-Well, l meant any
amount of apples.
was then read to the jury, and as
usual Colonel Duncan spared the reader
neither comma, colon, quotation mark
nor anything else. He strenuously in
sisted that his screed be read in toto, and
he gained his point, the defense grace
fully yielding to the desire of the colonel
to hear his article read in the melodious
tones of Mr.. Foleys voice.
The order of Judge Ross taking Dun
cam application to be admitted to prac-
tice in the Federal Courts under advise
ment was filed as an exhibit for the de-
tense. Another article from the Times
entitled Pregnant Prophecies, also from
the able pen Of the colonel was now in
troduced. The defense was willing to file
it as an exhibit without reading, but the
plaintiff would not have it that way, and
as a compromise it was agreed that he
should read it himself to the jury. Colonel
Duncan jumped at the offer with great
alacrity and read his essay with the unc-
ton of muezzin calling the faithful to
prayer from the top of his minaret. 1t
was proud moment He had twelve gen.
tlemen corralled that could not get away,
and he let them have his. Pregnant
Prophecies in full.
Dr.. HI. Gates, ex-Coroner, was asked by
Mr.. Gage how many dead bodies he had
found in the fifth story of the Stimson
block, after the tidal wave had swept
over Los Angeles, as prophesied in the
Peoples Union.
The Court-You needn't answer that
question, Doctor.
Mr.. Gage-Then the Court holds that
it is unnecessary for us to prove that there
was no tidal wave last summer?
Colonel Duncan refused to read his aft
davit of impeachment OF Judge Ross, sent
by him to Washington, because his
voice, he said, was his own and he sob
iected to circus
Mr. Foley then put in three-quarters of
an hour reading the voluminous arraign-
ment.
After this task was completed the Ex-
press called Judge Ansc,i Brunson, coun-
sci for plaintiff as its witness. in reply