The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-16

pages of typewritten foolscap. In this
connection Attorney Monteith for the
strikers remarked that it had taken thirty
six days for the prosecution to put in the
case, while the defense had only occupied
twenty-six days.
THAT is quite true, Mr.. Monteith," said
Judge Morrow, with smile, "but you fail
10 mention that a considerable portion of
those thirty-Six days was taken up by your
cross-examination.
Your Honor is right" said Monteith,
"but we were compelled to fight every inch
of the ground"
There was a larger attendance at the trial
yesterday than during any day since the
proceedings began. 1t had leaked out that
Assistant United States District Attorney
Samuel Knight was to be put on the stand
by the defense and a lively tilt was ex-
pected between him and Mr.. Monteith
Knight was called, but District Attorney
Foote would not let him answer many of
the questions put to him.
How long did your term of Assistant
United States District Attorney last?'' be-
gan Monteith. From early in 1898 to
early in 1894, " was the answer.
Monteith-Where were you from May %
TO, say, July l.
Knight-As far as can remember, in
my office.
Monteith-what was done when Judge
Irving Carpenter, W. H. Herrin and one
other Southern Pacific official were present
in your office?
Foote-I object. Anything and every
thing done for the United States in the
District Attorneys office is confidential
Monteith-All we want to show is that
there was conference.
Judge Morrow-In the case of Sparf, now
under sentence for murder, an attempt was
made to get similar testimony. | sus-
tanned an objection and counsel excepted.
The Supreme Court thought so little OF the
matter that it did not even notice it. The
objection is sustained.
Monteith-I merely wish to show that
such conferences were held and that their
object was to send the United States Mar
shall to Sacramento.
Foote-I object! object
Monteith-Do you remember the confer
ences held in the Palace Hotel, Mr..
Knight?
Foote-I object. Your Honor has already
ruled on this point.
Monteith--l refer to the conference in
the Palace Hotel telegraph office, when A.
Y. Towne, J. A. Fillmore, Charles A. Gar
present?
Knight don't remember any such con-
ference.
Foote-I object to the witness answering.
Knight-As Mr.. Foote objects / will not
answer any more questions.
Monteith-Did you have any conferences
with any one?
Foote-As Assistant United States Dis
trict Attorney he cannot be ex-
amined upon any OF these subjects. / was
advised that Mr.. Knight was to be put on
the stand and the defense is simply at
tempting TO make him our witness. l OBJ
iect to Mr. Monteith's line of examination.
Monteith-One of our contentious is that
Mr.. Knight should not have appeared here
as prosecuting attorney because he knew
he was to be called as a witness.
Foote--I suppose you want TO disqualify
Mr.. Knight from making the opening argu-
ment in this case.
Monteith-We will waive any objections
10 his right to argue.
Foote0Did YOU or did you not as United
States District Attorney have any confer
ences with the officers of the Southern Pa
cifc?
Knight-Fdid not.
Monteith-Did you not issue subpoena
for A. n. Towne2
Foote-I object.
Judge Morrow-The ruling OF the court
is that you cannot follow that line OF ques-
tons, Mr.. Monteith.
Monteith-I simply wanted to show his
connection with the Woodland cases, your
honor.
Foote objected, and then Monteith asked
knight what he knew about the, Yolo
troubles. Foote was slow in introducing
an objection, and knight turning to him
asked, lis there an objection?' at which
the strikers in court laughed. Knight was
then excused, and John Lucy, George L.
Knox and Mrs. NJ. J. Knox were, exam
ined, after which the defense rested. The
prosecution also rested, and the court set
next Monday week for the hearing OF argu-
ment. Assistant United States District
Attorney Knight will occupy two hours IN
his opening speech, Monteith will occupy
FIVE hours aud Foote will take three hours