The San Francisco call., 1895-11-14
He Wanted to Know If the Wit
ness Prather Had Heard
Other Evidence.
WILL ARGUE FOR FOUR DAYS
Brady Thinks 1t Has Been Proven That
He Could Not Have Been at
the Robbery.

MARYSVILLE, CAL, Nov. 13.-The evi-
dence in the Brady trial is all in and the
arguments will begin tomorrow. But few
witnesses testified for the defense.
Deputy County Clerk Eastman testified
that he had measured the height of de-
fendant and gave it as feet 9s4 inches.
Cyrus n. Reeves, a Salvation Army
man, who worked at the Mechanics house
when the robbery occurred, testified that
he was sure defendant had left on Thurs
day. 1t was l o'clock in the afternoon.
Defendant had occupied room II Tuesday
and Wednesday
On cross-examination witness said he
was at the Salvation Army meetings be-
tween and o'clock at night. He would
not swear that defendant did not occupy
room II Thursday night, for he did not
assign all the guests to rooms. He said
the rent for a room was paid to the man
who let the room.
t. Ii. Prather followed Reeves. Prather
was guest at the Mechanics House the
week of the robbery. He testified that
defendant left the hotel Thursday at 3
O'Clock in the afternoon. Witness knew it
was 3 O'Clock because he looked at the
clock at the time that defendant left. His
reason for looking at the clock was that
defendant had said to him: 81 have to get
to Sacramento by dark
On cross-examination the witness did
not change his story, but could not under
stand the questions put to him by Mr..
McDaniels. After the cross-examination
had closed Juror Sawtell wanted TO ask
question or two and a sensation was
sprung.
"Have you not been in the courtroom
most of the time during this trial. Mr..
Prather?' asked the juror. The specta-
tors were excited
Mr.. Prather said he had been in the
courtroom during the jury-getting, but
han not been during the taking of testi-
mony, except for minute during the
time the previous witness was ON the
stand, and then Re heard none of the
testimony, for the Sheriff orde, him out
Immediately.
Then District Attorney McDaniels put
the question and met with the same reply.
Attorney Cartin stated that he did not
want the thing to rest where it was, for if
there was any doubt in the jurors mind
he wanted it Strengthened out. The court
said he knew witness and said that his
attention had been attracted to the man
dur ing the jury getting because of his
um-chewing habit mentioned by the
Juror and because of his appearance.
The court did not think the juror had
been in the room since the jury had been
secured. The attorney for the prosecution
agreed with the defense and the Juror said
he was perhaps mistaken and the matter
was dismissed.
P. j. Flannery, a shoe man, was called
to testify as to the size of Mr.. Carlin's
shoe, witness having said that Mr.. Car
Inns shoe was about the width OF the shoes
that made the tracks on the railroad
Witness said Carlin wore an eight, and the
width was average.
Then the Under-Sheriff was called to
the stand and testified that in conversa-
ton between defendant and Mr.. Sewer in
the Jail Brady had claimed emphatically
that he stayed at the Mechanics House
only one night ana left Thursday.
J. B. Barrie was then called to testify as
to whether defendant was right or left
handed. Witness said Brady was right
handed.
The overans which were found in the
bundle which defendant carried at the
time of his arrest were then introduced
and marked as an exhibit.
In the afternoon the defense closed by
calling DR.. Danforth, local physician, to
prove that after death man always be-
came longer, even if rigor mortis had set in
The case then closed for both sides and an
adjournment was taken until tomorrow
morning when the argument will be COM
menced.
1t is expected that the argument will
consume four days. Attorney Hitchcock
of Red Bluff will open for the prosecution.
Brady is hopeful of an aequittal. He
thinks it has been proven that he could
not have been at the robbery.