The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1897-07-21

ish."
In the case also of one Hayes, cited
also by counsel, the supreme court of
Missouri has this to say of the use of
stool pigeons: Human nature is frail
enough at best, and requires no encour-
agement in wrong doing. If we cannot
assist another and prevent him from vi
Iolating the laws of the land, we at least
should abstain from any active efforts
in the way of leading him into tempta-
ton. Desire to commit crime, and OPP
portunities for the commission thereof,
would seem sufficiently general and nu-
merous and no special efforts would
seem necessary in the way of encourage
ment or assistance in that direction"
These are words of mercy as well as
Of justice, attributes that have not been
6istin gushing features in this case
Upon the conclusion Of Mr.. Mills ar
gument Judge Smith, while overruling
the motion, warned District Attorney
McComas against conducting the prose-
cution along the line pursued, and hold
ing the contention of defending counsel
to be valid. Inasmuch however, as the
greater offense-that of actually sending
into the jail-included the lesser-that
jail-the court held that the question
was one for the jury on the minor point,
and could be dealt with when the jury
was instructed.
THE DEFENSE OPENS
The jury was then recalled and the
defense proceeded to open its case. The
first witness put forward was H. H.
Yonkin, township constable and previous
ly a deputy sheriff. He testified to be-
ing familiar with the county Jail. He
stated that he knew the lattice work OF
the middle tank, and although he had
never measured the aperture, he didn't
think a pistol such as the one submitted
could be passed through.
David Martin, deputy constable and
previously deputy sheriff, also stated
that the lattice work of the middle tank
was such as not to permit the gun (sub-
mitted) being passed through.
you never tried to pass a pistol
| through, did you?" enquired Mr.. McCo-
mas.
| No, cir"
Mr.. McComas took a card that had
been prepared by the defense as repre-
senting the holes in the lattice work. and
with some difficulty but considera BILE
triumph passed the pistol through. The
lattice work is made Of STEEL however,
and by stipulation the witness was de-
puted to go to the Jail and experiment
at the point where Kramer is said to
have been caught in the act of passing
the pistol.
Upon TIE witness Martin returning
into court he stated that he had been
a n ha mic tol
tice work. He had to do so very gingerly
however. first putting through the bar
rel and trigger guard, and then bending
the weapon down to permit of the pas
| sage of the hammer.
| Claude z. Hill, prisoner In the iail
was the next witness, and testified to
being in the Jail on the 18th or 18th inst.
and to seeing Harris and Jenkins in the
jail somewhere about S o'clock. Harris
came first and went away and returned
with jenkins, Kramer and Mr.. Kennedy.
1t was on visiting day and the day be-
fore Upper was brought to trial.
What are you in for?" inquired Mr..
McConas. on cross examination.
II don't know that that has anything
to do With the case" was the response.
HE needn't answer that question"
interposed the court.
Mr.. McComas tried to prove 1t to wit
ness, but the court interposed and held
that Mr.. McComas could only ask those
questions prescribed by statute.
NO "STOOL-PIGEON" IN IT
Sheriff John Burr next took the stand,
being made witness for the defense.
do you remember conversation you
had with Jaiier Kennedy previous to the
commission Of this alleged crime, when
NJ, Kennedy told you he had knowledge