The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-05-14

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for.
The Governor drew attention to the
fact that an insane man ought not to be
confined in a prison, and to this the
attorneys had no answer.
When asked by the Governor why
Worden had not taken the stand in his
own defense, Attorney Strong said he
was afraid to allow him to do So He
further contended that no intent had
been shown to exist on the part OF the
applicant to commit murder, and that
the intention was clearly only to stop
the train.
The Governor suggested that red
flag would have been just as effective
and less dangerous than the method
pursued. An appeal to him upon
legal question, he said, would be a
travesty on justice. 1t was true that
he had power to turn every CRIMINAL
except 'secOnd-termers," out of prison,
but he had no intention of doing so, un-
less good cause were shown for the act
The only questions he would consider
were was Worden of unsound mind, or
is there a doubt of his guilt. Neither,
he said, had, up to that time been
shown.
Attorney Strong submitted that Wor-
den was drunk, and had been urged on
by that miserable crowd of A. X. I. 5,
of which Knox was the leader. He had
been led to believe that upon his re-
turn to Sacramento he would be patted
on the back and be called a great man.
Governor Budd said that never in the
history of the State had such influence
been brought to bear upon the chief eX-
ecutive as that to secure Wordens
Communication of sentence. Congress
man Hiscock had sent his appeal, and
even President Mckinley, who was
friend of Worden's mother, had also re-
quested clemency. His was peculiar
position, but unless it We're possible to
insure him that Worden was insane, ne
should not interpose in the carrying out
of the sentence on June 18th.
Andrew ]. Furuseth, Secretary OF the
Pacific Coast Seamen's Union, pre-
scented a petition signed by 16OOO mem
bers of labor organizations, asking thal
/ the sentence be committed to NE lie
explained that at least 1O,OOO OF the
signers of the petition were doupt1uI
as to Worden's guilt, and, such being
the case, they requested the co1nInu-
tation. He said the strike OF 1894 was
none of the making OF the California
labor organizations, and the only in
terest felt was such as man holds Tor
his fellow-man.
Governor Budd inquired what the
labor organizations Of the State had to
do with ditching trains and killing the
persons thereon.
Furuseth said: Nothing whatever"
If he said, he believed, as did Attorney
Strong that Worden had committed the
act, he would not ask for executive
clemency The idea prevailed among
labor organizatO that Worden did
not deliberately ditch the train. He
thought if one particle of doubt exist
ed as to Wordens guilt executive elem
ency ought to be extended.
The Governor asked why, If there
was a doubt Of Worden's guilt, his
brother or brother-in-law had not adj
vanced it.
Furuseth submitted that life could
not be given back, and that liberty
could. He said labor unions were not
in sympathy with violence. They be-
lieved in peace.
The Governor said that ditching a
train was the most heinous of crimes.
1t and similar acts by bodies of men
would do much to keep out capital, and
destroy all sympathy the people might
have had with the perpetrators. Wor-
den had declined to go on the stand in
his own defense, even in the face of an
alleged statement made by him that he
had been connected with the gang who
ditched the train. The statement was
really a confession of guilt, and Wor-
den had not even made a denial as TO
it's authenticity He considered that it
would be a serious thing to set Wor-
den at liberty.
At this point the Governor read from
the transcript of the evidence taken at
the trial, relating to Detective Still
wells evidence, relative to the confess
sion written and signed by Worden.
He submitted that there could not pos
sibly remain doubt as to the guilt Of
Worden.
Furuseth said if a man was mean
enough TO commit such an act and then
try to sell for consideration of $500
the men who were with him, he was
too mean to die and the sentence ought
to be committed.
The Governor emphasized the fact
that the evidence showed Worden had
attempted to dicker with the prosecu-
ton for money consideration to sell
the men whom he said were guilty with
himself
Furuseth said he could say nothing
more-he could only hope
If replied the Governor, in studying
the evidence, he could find one grain Of
doubt as to the guilt of Worden, he
would not hesitate in granting the
communication, but it seemed that Wor-
den was not only guilty. but that he
had tried to turn States evidence with
the hope that he would be rewarded
with a few paltry dollars.
At this point Attorney Strong said
when the letter alleged to have been
written by Worden, in which he offered
to turn States evidence, was read. the
latter nodded his head and said:
That's right; that's right"
Judge Bush spoke for two hours in
his attempt to prove to the Governor
that the courts had erred, and that the
charge ought to have been wrecking
train, instead of murder.
The Governor said, however. that his
mind was irrevocably made up regard
ing legal questions, and he declined to
consider them.
Bush next submitted that no cues
ton of murder in the second degree
was ever submitted to the Jury. but
the Governor replied that the situation
did not seem to demand it, If Worden
was not guilty of murder. then par
don ought to have been applied for in
stead OF a communication He did not
intend to establish a second degree
schedule in the matter of train ditch