The herald., 1896-02-22
LONGS SHORT CONFESSION

The Jury Considerably Told They Might Go
to Sleep During Its Recital
The trial of Horace Long, charged with
perjury in connection with the Mace Mayes
case, was resumed yesterday in depart
ment one before Judge Smith and jury.
"Con" Mallory, the experienced attache of
the district attorneys office, had an excit-
ing time hunting up the delinquent witness
Ysrido Ruiz, for whom a bench warrant
was issued on Thursday afternoon. NAL
lory took train for Acton on Thursday
evening, and then took a twenty-six mile
drive to Elizabeth lake, the supposed abid-
ing place of Ruis, where he found his man
lying sleeping the sleep of the just in hay
loft. A rapid drive back to Acton, in time
TO catch the morning train, and quickly
dispatched breakfast filled in every minute
of the time until court opened.
Judge Smith gave evidence of becoming
wroth and demanded of Assistant District
Attorney Williams that Ruiz purge him.
self of contempt before taking the witness
stand. 1t being explained that the witness
nom appearance was owing simply to a
misunderstanding between him and the
law officers, the court unbent its furrowed
brow, and Ruiz gave his testimony. In
large measure it was a recapitulation of
what he testified to in the Mace Mayes
case.
Opposing counsel became involved in a
wrangle as to the admissibility of Longs
confession or statement, and the defend
ent went on the witness stand for the pur-
pose of enabling the court to pass upon the
matter before permitting it to 60 to the
jury.
November he had made statement that
was not voluntary upon his part. One of
the trustees had told him he had better
squeal when the officers came to interview
him in the morning. Mr.. Mallory told
him, he stated, that he was sorry for him
but that they had the ''cinch" on him and
il would be better for him to make clean
breast of the whole affair. "He told my
sister, too" said witness, 'that he was not
after Vanderkar, and that I'd get out all
right. | was led to believe that after the
close of the Mace Mayes case would be
set free.
Assistant District Attorney Williams OBJ
jected to the jury hearing matters of this
kind.
''None of this testimony is to be re-
ceived," said Judge Smith, and then ad-
dressing himself to the jury he added.
s'and you. gentlemen, may go to sleep if
you like
Mr.. Williams didn't believe in the SOM
nolence of the jury and asked that it be
excused. The jurors thereupon filed out
OF the court, while young Long proceeded
to explain how and why he developed such
fluent ability as liar.
II said what did because understood
that the district attorney wanted me to help
in sending up Dick Vanderkar."
"You were willing then to swear to what
was not true in order to get free?" queried
the court.
"Yes, SIR"
"And if you had not been arrested YOU
would never have divulged the fact that
you had Ied?"
mo, sir.''
A few similar interrogatories by the court
suf11ced to show that the defendant had not
been troubled particularly regarding the
exsctitude of the truth, if by elongating il
9 little he could serve his own purpose. At
the close of this examination the further
hearing OF the case went over until Mon
day morning.