The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-03
I APPELLANTS DEFENSE.
Offered to Prove Conspiracy by
the Railroad
TO WRECK A CERTAIN TRAIN.
Witness, However, Was Excused
Because lie Could Not Con-
meet His Testimony.

WOODLAND, Jan. 2.-Atter an adjourn
ment of three days the Appelman trial was
resumed this morning. The testimony
was mainly divided in the establishment
of a good character for the defendant and
the impeachment of Witness Chopper.
General Hart started out with new
theory but was checked by the court. Mr..
Wicks, the railroad agent at Willows, was
put on the stand and offered to prove that
he received orders in the month of
July to tear up the track and
wreck certain train. Hart contended that
this would tend to show that the railroad
company had conspired to wreck the train
on the 18th of July
The prosecution objected on the ground
ofirreievancy and immateriality. The court
would not allow the testimony unless the
defense would agree to connect the instruc-
tons sent to Willows with the wrecking
of the train on the 18th OF July.
General Hart admitted that he could not
make the connection, and the witness was
excused.
NJ. T. Williams is railroad engineer
who has not been at work since the strike.
He contradicted the witnesses of the prose-
around with Worden ON the Sd of July.
He said be was with Appelman at Gait on
that day and returned in the evening at
$50 O'Clock on handcar. He also testi-
fed that he saw the defendant about
o'clock in the afternoon on the 18th of
July, on the corner OF Front and streets,
in Sacramento. Appelman was dressed in
dark clothes and dark hat, and was very
clean aud neat. showing no evidence of
travel stains. Witness said that Detective
Lee of Sacramento had asked him If he
could not swear that the time he saw
Appelman was after o'clock.
James Simms, an X-switchman, testified
that he saw the defendant at 4 or 80
o'clock in the afternoon. at the corner OF
Second and j streets, and had converse
ton with him about Worden being ar
rested. On cross-examinalion with ess
said he was not a striker nor member OF
the A, r. .. He quit the employ of the
company about week before the strike
commenced. He struck the yardmaster
and resigned in anticipation of being dis
charged. He was arrested for obstructing
trains aud was for several weeks a prisoner
in San Francisco, but is now out on bail.
He admitted that during the strike he did
all he could to keep trains from running.
Ex-Supervisor Snyder testified that Wit
ness Choppers reputation for truth and
veracity is bad.
On cross-examination he stated that he
did not believe that Cropper would go into
court and deliberately swear to lie.
A j. Richards keeps lunch-counter In
Sacramento. He sleeps al the Arcade
House. He testified that on the morning
of July II he did not get up until between
II and / O'Clock. He dressed and started
down 10 breakfast. On his way he met
Appelman al the corner Of Second and K
streets. He asked ADpelman if he had
heard about the wrecking of the train, and
defendant replied that he had.
j. A. Moffatt. Charles Soule, r. A.
Fiske, c. A. Pickett and N. B. Kripp testi-
fed to the good character of the defend
ant and bad reputation of Chopper.
The mother and father of defendant,
who reside in Iowa, were on the stand,
but their testimony did not throw any
light on the matter. 1t only concerned the
defendants age and the time he left home.
The defense will close tomorrow at noon.