The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-05-14
EFFORTS TO SAVE WORDEN.
Final Appeal Made TO Governor Budd
Yesterday.
1t is Claimed That WOrden Was Not
Morally Responsible for
His Act.

wrecker Salter D. Worden was made
by Attorney j. E. Strong and Judge f.
r. Bush of Woodland and A. F'uru-
seth, Secretary of the Seamen's Union
of San Francisco, representing the Ia
Dor organizations, before Governor
Budd yesterday.
Worden, it will be remembered, was
convicted of murder in the first degree
in having caused the death of Engineer
Clark by wrecking the train he was
plotting out of Sacramento during
the great strike in July, 1894. a rail
was removed from the track on a tres
tie a short distance west of Washing
ton, Yolo County, resulting in the de-
railment of the train, and the killing of
Engineer Clark and two United States
soldiers.
Attorney Strong who had conducted
the defense before the trial court at
Woodland, began his plea by making
an apology. He had during the trial,
he submitted, been hampered. He was
a member of a militia company, and as
such had been ordered to Dunsmuir.
General A. L. Hart had been retained
to defend Worden, but owing to a mis-
understanding with the Executive
withdrew before the case came on
for trial. 1t was after this that Wor-
den applied to the speaker, requesting
his services. Strong at first refused,
but afterwards reconsidered his &C
ton and undertook the defense.
Mr.. Strong stated that he had given
Worden positive instructions to make
no statement of any kind. informing
him that to do so would merely be ac-
cummulating evidence against him
self. This the latter had promised to do
Shortly before the trial, however,
Knox, the President of the A r. u,
intimated that Worden had made some
kind of a statement. This the latter
denied, and it was not until the alleged
statement was introduced as evidence
by the prosecution that the attorney
for the defense knew it was in exist
ence. He submitted that he had gone
into the case totally without pfepara-
ton, and that he had been grossly de-
ceived regarding what witnesses sub
penaed by the defense would testify to.
A certain Gallagher, who resided in
Washington, Yolo County, had volun-
teered to bring witnesses who would
prove an alibi for the accused but
when those witnesses We're marshaled
in court they knew nothing about the
matter and did not even know Wor-
den.
Worden's brother, Rev. W. s. Wor-
den, Mr.. Strong said, had advised in
the case, and while he believed Wor-
den to be of unsOund mind, had no
facts such as would be allowed in evil
dence. Since the trial and conviction
of Worden, however, facts had been
gathered from the vicinity of his for
mer home in New York State and de-
positions had been received from many
prominent men in that community
tending to prove that Worden was,
at least, morally irresponsible for his
actions.
Attorney Strong read a deposition
from Circuit Judge Northrop of New
York, to the effect that Worden had.
in 1890 been tried before him for the
crime of forgery and convicted But
one thing remained for the Judge to do.
and the prisoner was sentenced to
serve term in the penitentiary The
deposition related that the sentence
was imposed with reluctance and that
serious doubts We're entertained by
denis mind, or his ability to determine
between right and wrong. The depo-
stion referred to Worden's family,
stating that all it's members bore ex-
cellent characters except Salter. who
when quite young fell into foolish and
vicious courses, and went from bad to
worse.
Governor Budd wanted to know if
q ht -fe+. t.,
trial Judge in the forgery case as to the
sanity of the prisoner, why he was SEN
fenced to serve a term in prison.
Judge Bush referred to the deposit
ton and explained that Worden had
entered plea of guilty, and further.
that he had been committed in order
that a cure might be effected
The Governor raised the point that
the statements made in the dispositions
We're not substantiated by facts. and
that bare statements without evidence
OF their correctness could hardly prove
admissible.
Attorney Strong submitted that the
dispositions had not been drawn by an
attorney cOnversant with the facts in
the case. and that the witnesses had not
been, accordingly. closely questioned.
The Governor took issue with that
statement saying that the dispositions
had all been secured by F. T. Wilcox.
Worden's brother-in-law. who was an
eminent attorney. as well as a relative
of the applicant for Communication.
The deposition of Mr.. Wilsox was next
taken up. 1t set forth that the personal
actions of Worden, extending over a
period of many years, led the deponent
to believe him to be of unsound mind 1t
also set forth that insanity had been
hereditary in the latter's family, and
that an uncle. an aunt and a great aunt
of the applicant had been of unsound
mind, one Of the trio having died while
an inmate of an insane asylum of Michi-
gan. Worden. the deposition set forth
often imagined himself to be a large rail
road contractor, and also imagined him
self to be possessed of unbounded
wealth This hallucination often go,
him into trouble, as he would unhesi-
tatingly sign checks upon banks for
large amounts. His relatives were kept
busy strengthening out the tangIes into
which he got himself, and the general
opinion of all who knew him. including
eminent physicians, was that he was
mentally unbalanced.
Several other dispositions We're also
produced and submitted, and the Gov
ernor asked if the attorneys considered