The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-02-21
RECRIMIN ATIONS
we're IN ORDER.
AN INsINUATION BROUGHT FORTH
AN ASSERTION AND CHAOS
FOLLOWED,
IN THE o.. S. DISTRICT COURT.
KNIGHT AND MoNTEITH AT LOGON
HEADS OVER THE LUNAcY
QUESTION.

The trial of Cassidy and Mayne. two of
the Oakland strikers, forsook the lines of
dull assertion and denial yesterday and
took on an exciting phase. United States
Marshal Baldwin arrested a man as an ac-
complete of S. B. Worden, now under SEN
tence OF death for the killing of Engineer
clark near Sacramento, and afterward dis
covered he was holding Southern Pacific
employe and witness for the Govern
ment
Later on the attorney for the prosecution
lnslnuated that United States Marshal
Baldwin acted like lunatic during the
troublous times in Sacramento and the
District Attorney responded by asserting
that the strikers representative ought to
be good judge of lunatics, as he had once
been before the Insanity Commissioners
nlmself. Peace was restored after time,
but bitter heart-burnings were engendered
that Will result in many a tilt between the
opposing counsel before the trial is over
When the United States District Court
convened Thomas Kelly was called as
witness. When Marshal Baldwin heard
tne name he gave start and hurried into
his Office He came back with a warrant,
ana no, on the first opportunity served it upon
T Teliy mof saying, You are my prisoner"
wanted, but the Marshal only smiled.
George w: Monteith, the attorney for the
strikers, also smiled and at once made a
motion to the effect that Kelly be released
on his own recognizance. This met with
vigorous opposition from United States
District Attorney Knight. He described
Kelly as dangerous man, the companion
OF Worden, now under sentence of death
Tor the killing of Engineer Clark, in fact
one OF the leaders in the recent troubles.
On this showing Judge Morrow held the
prisoner in $1,000 bail. AT this stage of the
proceedings the strikers took a hand and
proved that the man In custody was not
the Kelly wanted by Marshal Baldwin, but
is what they call ''scab'' and an emplove
OF the railroad company. On this showing
Kelly was released, much to his salts.
faction.
t. Compton, one of the strikers who was
tried and acquitted in Woodland, was
called as witness. A question in regard
to the actions of United States District
Attorney Knight during the strike brought
forth an objection from that gentleman.
Monteith then stated that he proposed to
show that knight had conspired with the
State and Federal authorities to prosecute
the strikers. If given the opportunity he
would show that the District ATTORNEY had
lnstlgated the Woodland trials
Monteith next called Compton from the
Vests testimony given yesterday be
stricken from the records. This was done,
because it had been shown that while a
government witness and drawing the regu-
lar fee as such West had been employed in
Montelth' s office segregating the testimony
given for the defense. However" con-
tinued Mr.. Monteith, ~ will consent to the
testimony remaining as a part of the record
II the prosecution viii permit me to show
that it employed Southern Pacific de-
tectives to get up testimony"
AT this point the court interfered and
said it would be entirely improper to at
tempt to prove any such thing. "The
cross-examination of West
was correct and l will deny the motion to
strike out"
Judge Foote, who is assisting the prose-
cution objected to the assertion made by
Monteith that Southern Pacific detectives
had been used, and the attorney for the
strikers fastened to say that he did not
refer to Judge Foote but to the District
Attorney. knight denied the impeach-
ment, and said the only statements ever
in his Office were memoranda
taken from two or three witnesses lust be-
fore going into court.
The controversy ended there for the
time being, and Compton again took the
stand. Monteith asked him what the
mental condition of S. B. Worden was
when he saw him in Woodland. An OBJ
lection was sustained by Judge Morrow.
Montelth-When you and Worden were
occupying the same cell in Woodland Jail |
didn't Worden act like a crazy man?
Objection sustained.
Montelth-What was the mental condi-
ton OF United States Marshal Barry Bald |
WIN when you saw him in Sacramento?
An objection was again raised and Mon |
telth said he wanted to show that the Mar
shall was most excited and not altogether
for his actions
United States District ATTORNEY KNIGHT
| should think there is no person more
qualified to determine the mental condition
Of another than Mr.. Monteith himself. |
his sanity has already been passed upon |
oy board of lunacy commissioners.
false
Knight-Perhaps 1 did not state all the |
facts. The Commissioners discharged YOU |
because they considered you not dangerous. |
Monteith-The whole thing is fabrica- |
tlon and you know it.
The attorney for the strikers was white |
With rage and he advanced in threaten
ng manner toward the District ATTORNEY.
Ex-j Judge Foote barred the way however,
md it only took Marshal Baldwin few |
seconds to get between the belligerents and /
both were forced to take seats. Foote then
IN their behalf apologized to the court and
'iisie S'cly liiliiS CouHcCtcu viii Tie
Unfortunate episode be stricken from the
.ecords. He also paid a compliment to
Mr.. Monteith' S ability, and asked that the
ury be instructed to cast all recollection
If the unfortunate occurrence from their
minds. His Honor gave the necessary in
tructions and white-winged peace again
ettled over the courtroom. The exami-
lation of Compton will be resumed to-
morrow.
Athletic League Election.