The record-union., 1897-05-31
MONTIBTH'S Wild HARANGUB
Did Not Help WOrden'S Case by His
Methods.
Governor Budd Showed That He Was
Thoroughly Informed on
the Facts.

Governor Budd's office was thrown
open shortly after 10 o'clock yesterday
morning, and the crowd OF men VINO
had assembled in the anteroom, nockeu
into the inner sanctum to hear Attor-
ney c. w. Montieth of San Rafael ad-
vance further reasons to the Chle1 EX-
ecutiVe why the sentence OF Salton l..
Worden, to be hanged next Friday Tor
the murder of Engineer Clark and four
soldiers, who went down through
railroad trestle a short distance east OF
Washington, Yolo County, on the Ilth
day of July, 1894, ought to be COM
muted.
Harry Knox, who during the great
strike, was President of the local A.
r. T., and George j. Crossley OF San
Francisco, District Organizer of the
order, together with a number of A. r.
Z. men from this city, San Francisco
and Oakland, crowded into the parlor
and stood for four long hours while At
torney Montieth advanced arguments
and attempted to answer questions
fired at him by Governor Budd.
To begin with, Mr.. Montieth took the
stand that Worden was entirely inno-
cent of the crime of which he had been
convicted
Governor Budd took issue with him
on his first statement and called at
tention to the fact that Worden had,
at his trial, admitted guilt, and had
signed confession which had been ad-
mitted in evidence, and which through
out the progress of the trial he had not
even denied.
This statement by the Governor gave
Montieth an opening, and he stated
that not only the confession referred
to, but many other statements pub
Hshed by the press, had been wrung
from Worden While he was soaked
with whiskey, furnished by Southern
Pacific detectives who had access to
him at all times.
The Governor submitted that Wor-
den's own brother, who was highly
intelligent man, had not even init
mated that he believed in the prisoners
innocence and that had there been a
doubt about the matter he would GER
tainly have done so.
Montieth said he was in a position to
judge of the guilt or innocence of Wor-
den with much more accuracy than his
own brother, he having been closely
connected with the conspiracy cases
for five months. He claimed that Wor-
den had never had fair presentation
OF his case, and that at the conspiracy
trial an absolute alibi had been estab-
1ished in relation to him, though too
late to be of use. He offered a letter
purporting to have been written July
l., 1874, by a man named Charles
O'Brien, stating that he, and not Wor-
den, had wrecked the train, and was
responsible for the death of the engin-
eer. OBrien, he said. was not, it had
been subsequently ascertained, mem
Der of the A. r. T., though he had
called on Secretary Gregg, in this city,
the day following the wreck and rep
resented that he was a member in good
standing and that he had done the
work and asked for money with which
to leave the State He received no
money, and shortly after appeared at
the A. r. L. headquarters at Oakland,
where he made similar statement
and a similar request.
The Governor intimated that O'Brien
had merely tried to work the A. r.
l., and stated that if such evidence as
the letter in question was admissible,
every prisoner in the State penitenti-
aries would shortly be at liberty. He
absolutely refused to consider it,
Attorney Monteith spent a great deal
of time in casting insinuations, sneers
and vituperations at the officials and
employees of the Southern Pacific Com
pany. and charged that Worden's at
torney. Strong, had been employed at
the suggestion of Carroll Cook, who
conducted the prosecution. He init
mated that Mr.. Strong was a tool of
the railroad company, and that the
charge made by Judge Grant to the
jury was unfair throughout
About the only arguments presented
by the attorney-if they were argu-
ments-were slurs and assertions cast
at the railroad company, and all others
who were connected with the Wordcn
case, even Worden himself, who was
branded as an unmitigated liar. and
not to be believed even when telling
the truth would have saved his neck
He attacked the evidence of young
Sherburn, who at the trial testified that
he had driven the rig secured by Wor-
den, on Knox's order, across the bridge
into Yolo County, just before the wreck
occurred, as being unworthy of pe-
lief But he received a setback by
the Governor. who said that throwing
out the testimony of young Sherburn.
there was enough evidence to convict
Worden of the crime ten times over
Monteith replied that if young She~-
burns testimony was true, then Hatch
and Appleton were equally guilty, hut
he received another knockdown by the
Governor. who said he considered it no
argument that. because Hatch and APP
pleton had escaped. Worden should net
be punished.
The Governor told the attorney to
present his affidavits touching on new
points If he had them, and he would
consider them, but warned him that
within twenty-four hours decision
would be reached by him. regardless of
what might or might not be done He
had, he said, given plenty Of time for
all interested parties to prepare and
present any facts they might have,
but did not propose to extend it fur