The morning call., 1895-01-05

to issue warrant without the concurrence
of the District Attorney. I will make no
exception in this case.
"Bnt l can show you authorities"
TT makes DO difference"
Mr.. Knight stated that his position as
District Attorney was only temporary,
and he would not like 30 take an action
that might embarraSs his successor, who,
he bought. would be appointed next week.
"Very well, them" Montieth replied,
s'we will appeal to the Circuit Court for a
writ of mandate TO compel you 10 issue
the warrant
AS the complaint had been legally filed
and was in the Commissioners possess
sion. Mouteith and his client withdrew,
boiling over with Indignation at what they
called the unlawful conduct of the District
Attorney.
1t was on the 9th of December that
Frank Nj. Stone admitted under oath that
he had pass issued TO him by G. ?.
Huntington in violation of the interstate
commerce act. Two strikers were being
tried at that moment for violating the
same law, vet when Stone gave evidence
that Hun abingdon had violated it, and pro-
duced his pass, the United States Attor-
ney, who was present, apparently gave the
matter no consideration. Attorney Mon
teith, who was defending the two strikers,
saw at once the importance of Stones
whether Mr.. Huntington could violate
with impunity law which multitude Of
workingmen had been indicted tor break
ing.
Mr.. Monteith obtained a verbatim re-
port of Stones evidence and repaired the
complaint which was filed yesterday.
The report, which was otta1ned from Mr.
Bennett. the court stenographer, is as fol-
lows:
Mr. Knight to Witness Stone-You are an
attorney at-law? A.-Yes, sir.
Q.-Residing at San Francisco? A.-Yes, sir.
Own you state where you were on the
30ih day of June lastP Al was In San Fran
train fol- the north.
Q.-What was your point OF destination?
Al think / intended to leave he road at Ash.
land. was accompanied by Judge j. b. Muir
ply OF Del Eorte, going on camping trip. We
were TO leave the railroad at Ashland, Or, and
take the stage for Crescent City.
MIR. Monteith TO Witness Stone-What is your
business here? A.-Practicing law.
Q.-Anything else? Amy other business?
Q.-YeS. A.-No, sir
Q.-Are you connected in any way with the
opeTatin department OF the Southern Pacific?
Al am not In any way.
Q.-With the traffic department? A.-NO,
sir; In no way. IN any shape or manner. | am
In position today and would be glad to take
any case that was brought to my office that
thought was right against that company.
Q.-1 am asking about the mechanical de-
O.-Are you connected with the legal depart
ment in any way? Ain no way. shape or
manner.
Q.-Have you not tried In the last year or
TWO TO obtain a situation In connection with
the legal department of the Southern Pacific +?
A.-No, sir.
Q-Have you not travelled on passes? Al
have.
Q-Were you not travelling on pass then I?
Al was; with c. P. Huntingt0n's personal
pass.
Q.-Have you not been in the habit of having
a book OF passes in your Office and giving them
out to people? A.-No. sir.
Q.-During the campaign two years ago did
you not, while you were acting as manager for
Mr. de Young's campaign, have 10 your office
a book OF free tickets or passes that you gave
away? Al had blank passes.
Q.-You issued them? Al had on occa-
siOns.
Q.-You got them from the railroad COM
Q-At that time you had some connection
with the railroad company? A.-None on
earth.
O-How did you happen to handle these
passes? Through my personal friendship
extending back to my partnership with A. A.
Sargent, with c. P. Huntington.
MIR. MonIeith-Are you seqnainted with a
gentleman named Martin Kelly? Al am.
Q.-With a gentleman of the name of Phil
Crimmins? Al have met each of them L
think twice in my life-n0t exceeding three
times.
Q.-Not exceeding three times? Al don't
think so, don't recall having met them more
than three times.
Mr.. Knight-Are these gentlemen charged
with being In this conspiracy?
MI. Monteith-I will state what expect to
show.
The eourt-No. Proceed.
Mr. Monteith-I refer to the gentlemen who
about two years ago
The court-6e said he knew them.
Al think met them two or three times.
Mr.. Monteitn-You knew of their connection