The record-union., 1896-02-20

in believing that conviction could be
had before a jury or a regular trial.
Harmens, he said, Is not a criminal.
A train had been robbed and the pjun
der secretea. Admitting that he hal
found some money in that neighborhood
and had spent it for his own use, suIl
it does not show that he IS a criminal
If he found some money in Yolo County
and spent it in San Francisco. that does
not prove that he had in Sacramento
money that he knew to belong to Wells,
Fargo & Co.
Counsel did not believe a jury would
accept as free and voluntary a state
ment that had been made under the cir
cumstances attending that claimed TO
have been made by the accused, who
had been
INIQUITOUSLY KIDNAPPED
In San Francisco and brought here to
be arrested, instead OF having been
taken at once before a magistrate Mr..
Sprague referred in scathing terms to
the appearance and conduct of Bandit
Brady while on the witness stand,
whose smiling aIlusions to the details
many persons in the courtroom.
Counsel concluded his argument with
an appeal to the court for the dismissal
of his client
LAW OF THE CASE.
District Attorney Ryan replied brief
ly, explaining the law under which the
charge against Harmens was brought.
Section S5 of the Penal Code, he said,
made the charge one of grand larceny.
When property unlawfully acquired is
taken from one county into another,
then either county has jurisdiction.
The defendant found this money and
knew to whom it belonged. He secreted
il, brought it into this county and ap-
propriated it to his own use, contrary
to the provisions of the law. He asked
that Harmens be held TO answer.
BRADY wEEPS.
Mr.. Jones made the concluding argu-
ment. Referring to Mr.. Sprague's
statement that Harmens had COM
mitted no crime counsel said it was just
as bad for a man who finds and keeps
money that he knew to have been stolen
as to go to anothers safe and take it.
Referring to some remarks of Mr..
oPIdS u0 DIdug , lcSlt-
mony, Mr.. Jones said the latter train
robber though he was, had come here
from the prison to tell the truth.
Brady, he said, had nothing to hope for
in this world. He had been sentenced
to life imprisonment for deeds he had
done, and with nothing but darkness
and despair in store for him, had come
here to tell all he knew about the money
and to make some amends for his acts
by telling the whole truth.
During Mr.. Jones remarks tears were
seen to course down the cheeks of
Brady, who sat behind the District At
torney. He was evidently deeply af-
fected.
HARMENS HELD.
The arguments having been con-
cluded, Justice Henry said:
In this case it is my duty to con-
slider whether there is probable cause
to believe that a crime has been COM
mitted, and whether the defendant is
guilty thereof. A good deal has been
said about what might happen if this
case went to a jury. I do not consider
that has anything to do with this case.
1t is very often uncertain what a jury
might do. 1t is matter that rests with
me and my conscience as to what de-
cision 1 make here. / have a great
deal of respect for twelve good citizens
who take their oath to try a case. /
have respect for twelve citizens trying
any case, and sometimes in some cases
I would dislike very much to be re-
Sponsible for their verdicts.
1T appearing to the satisfaction of
the court that the offense charged, that
of grand larceny, has been committed,
and that the defendant is guilty thereof,
therefore I order that he be held to an
swer to the Superior Court, and that he
may be admitted to bail in the sum of
So 600, and he is committed to the GUS
tody of the Sheriff of Sacramento Coun-
ty until he gives such bail or be other
wise legally discharged"
1t is expected that friends of Har-
mems in San Francisco will come for
ward with the necessary bond and that
in few days he will again be in the
metropolis, but shorn of his recent
wealth.