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Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, August 24, 1880, Image 1

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SACRAMENTO DAILY RECORD-UNION.
DAILY __lO \ SERIES -YOLi XLIX— 91 *0.
DAILY RECORD SERIES -VOL.* VI- NO. 4173.
THE DAILY RECORD-UNION.
Entered at toe Post Office at Sacramento as second •_» matter
' PUBLISHED BY THE
Sacramento Publishing Company.
-FM. H. MIX--., General _______
fubll ration Office, Third St., bet. J and R.
. " .*? TUB DAILY KE_Ol_D.__f_ X
Is published every day of the week, Bu_daj_ excepted.
For one year .............$lO 00
tor ilx month*. J ™
Fortbxeo month* « 5 00
Ten copies one year, to one address 80 00
Subecri-eri served by Carriers at ' T_rarr-Fni
_____ ocr week. In all Interior cities and towns the
paper can be had of the principal Periodical Dealen.
_____ and Agent-. -
Advertising Bates In Dally Becord-Unlon.
One Square, 1 time .." ...tl 00
One Square, -times. 1 76
One Square. 3 times.. .....•• 3 90
Each additional time. 60
lWeek. Weeks. 1 Month
Half Square, Ist page $3 50 . $3 50 $5 00
Half Square, 2d page 3 50 6 00 8 00
Half Square, 3d page 3 00 4 50 6 00
Half Square, 4th page 3 00 300- 4 it)
One Square, Ist page. 3 50 -600' 7 00
One Square, 3d page 5 00 00 11 OJ
One Square, 3d page 4 00 6 00 8 00
One Square, 4th page 3 00 4 00 6 CO
Star Notices, to follow reading matter, twenty
oents a line for each Insertion.
Advertisement of Situations Wanted, Housesto Let.
Society Meetings, etc., of five lines oa less, will he
Inserted in the Daily Reco&d-Uk iox as follows :
Onetime « 25 cent-
Three times 50 cent*
One week...,. 75centi
Seven w_ri_9 to constitute a line. „
THE WEEKLY IVIOV
[Published In semi- weekly parts], -
la Issued on Wednesday and Saturday of each week.
oouipti-ing Eight Pages in each issue, or Siitf en Pages
each we k, and Is the cheapest ami most deeirablo
H.ma, News and Literary Journal published on th*>
Padfl-ooast. v. ; -_ - -„. „
_«__, One Year fl 00
Semi-Weekly Union Advertising Bates.
Half _■■■_, 1 time .1 00
Each additional time 50
One Square, 1 time 2 00
Each additional time 1 0-
WAFTED, LOST AND FOUND.
" Advertisements of five lines in this department are
Inserted for 25 cents for one time ; three times for 50
oents or 75 oents per week. .-' ■
LOST— A PAIR OF 00LD-£S-A^3l-
Bowed SPECTACLES, between ISIP T__S.
Twentieth and H, and Seventeenth and (J streets
and were inclosed in a Morocco Case. They were
•a present to the owner, and valued highly for that
reason. The finder will be suitably rewarded by
leaving them at this office. an23-3t
WANTED-AN EXPERIENCED GROCERY
Clerk, German or Eastern man preferred.
Apply at S. GOLDMAN'S, corner Second and J
streets. . au23-2t
WANTED— A FARM.— TO PURCHASE OR
lease a ranch of from 200 to 1,000 acres.
Address " H." this office. au!7 2w
EMPLOYMENT OFFICE.
WANTED— KINDS HELP, MALE AND
Fomale. Particular attention paid to Furnish-
ing Hotels, Private Families and Fanners with Help,
Free ol Charge to employers. HOUSTON & CO,,
one door south of Fourth and X streets, Sacra-
mento city. . . . . : j :' r _ aul3-lptl
TO LET OR -FOB SALE/"
Advertisement* of fire lines In this department are
laserted for 25 cents for one time ; three times for 50
cents or 75 cents per week. . ..::;...-
OTEL.— WANTED TO RENT A FURNISHES
wayside or country hotel for a term of years.
Address, with price of rental ar d particulars, CARL
STROBEL, Co omission Agent, No. 321 J street,
Sacramento. ■-. - - au23-lw
TO LET— A NICE FRONT ROOM, FURNISHED
or unfurnished. Apply at No. 521 X str.et
au*23 3t* C. ISER.
FOR KENT.— TWO, OR THREE THOUSAND
acres of pasture land on the Sacramento river,
8 miles above the city. Apply to W. L. PRITCH-
ARD, Twentieth and X streets. aul*-2w*
FURNISHED ROOMS.— CLUNIE'S NEW BUILD-
ing, northeast corner Eighth and X streets.
Accommodations unsurpassed ; high ceilings ; good
ventilation ; new furniture and carpets make the
most desirable rooms in the city. Single or in suits,
by the day, week or month. The house to be kept
■trictlv first-class. Term . moderate. jyll-lptf
A FINE GRAIN AND STOCK
RANCH FOR SALE,
AT A BARGAIN.- SITUATED FOCM-MMMt
teen miles west of the town of Willows, WW
in the county of Coki.a, at the terminus of tin "*"
railroad Nine Hundred Acres of line Grain Land,
and 621 Acres of Grazing and Timber Land. Two
Small Frame Dwellings ; two Good Barns; a good
Well of Water at each-iouse ; plenty of good running
water for stock. Terms cheap for cash. Title per-
fect. For further particulars, apply to JOHN
PATTON, Willows; or at the ranch of NAT. S.
CLA RK & HI-US. au!3lplm
ATTENTION, BRICK MAKERS 1
WE WILL SELL, CHE AND ON FAVOR-
able terms, our BRICK YARD and GRAVEL
PIT property in this town. We sell one-half million
bricks annually, and ?SOO worth of gravel. It being
the only brick y _.I in town or near here, renders it
a constant, good-paying property. Address by letter
or in person to 'F. S. FREEMAN _ CO.,
aui) lw *** Woodland, Cal.
OMNIBUS.
FOR SALE-ONE MEDIUM-SIZE OMNIBUS,
** nearly new ; has been run but three months.
Will be sold for nearly one-half of original cost.
Apply to or address, MARIN COUNTY JOURNAL,
San Kaf-el, Cal. : iy__-lm
300 CHOICE RAMS /^^3*
FOR SALE yjxim^-
THOROUGHBREDS AND GRADES.
Apply to
i. I. Slliri'Ei:, STOCKTOX.
*v_2 2m
FOR SALE
. ___. GRADED RAIIS.-SPANISH mm
J0" •* MERINO- from original i™- /ggSGff 8
I ".nation, at Rancho I>.-1 Fa*. (Noma •7***«
Ranch) [an. If] JOHN MACKEY _______
FRUITS, SEEDS AND PRODUCE.
W. R. STRONG & CO.,
Wholesale Commission Merchants
AND DEALERS IN' ALL KISI'S OF
I A 111 KM I LRU.. AXD DBIED I 111 ITS,
NUTS, nONEV, SEEDS,
And Ventral nerchandlse.
AS A.i orders promptly attended to. Address,
W. R. STRONG & CO..
aua-'.plm Nos. 8, 8 and 10 J street. Sacramento,
._. T. BBEWEB A CO.,
Commission Merchants and Wholesale
DEALERS IK
OREE FRUIT, DRIED FRUIT, PRODUCE
Vegetables, Honey, Seeds, Alfalfa Seed, Etc ,
Mot. SO and St J Rtreet, Sacrament*.
au-Hptl
B. _,_:-■_.
-inrrHOLESALK COMMISSION MERCHAN.
f\ and dealer in Foreign and Domestic Fruits
Cigars and Tobacco, Pipes and Smokers' Articles.
Cutlery and Notion., Nuts, Candies, etc.. No. 54 J
Street. Sacramento. jyll-lplm
; DFNTISTRY." "
~~~~ 11. U. PlE__-0...
T-VF.NTIST, 415 .1 STREET, BETWEEN A*Mm
If Fourth and Fifth, Sacramento. Arti-s^___
flr-iai Teeth Mprted on Gold, Vulcanite and at bases
Nitrous Oxi_Tor Laughing Gas administered for the
painless extraction of -th. auU-lm .
~~ DB. W. U. DARE.
DENTIST.-OFFICE,NO.6OS 1 STREET, J)W__
between Sixth and Seventh, over Kal.9-.-_ 1
rep-fin & Bradley's Millinery Store. aui 1 ; ,i!
DBS. BKEWEB A SO. TH Y* O KTII,
-f-vENTISTS, SOUTHWEST CORNER <'**'«■»
- If Seventh and J street.., in Bryte's new
building, up stairs. --Teeth extracted without pain
by the use of Improved Liquid Nitrous Oxide Gas.
[a_l6-lplml "
WATCHES, CLOCKS, JEWELRY
WILLI AM B. Mil.l-KB
(Late with FlobergV
•MJO. 190 J STREET, NEAR SEVENTH, mo
j^t Watchmaker and Jeweler. Importer fc*7*a
and Dealer In Watches, Si. verware. Jewelry, JC-_*
etc. Repairing a specialty, under Robert Bdi
Marsh. All country orders promptly attended to.
_______]
3. B. _-_____.
{Late with Wachhorst, and successor to Floberg.)
■WTTTATCI-MAKER AND JEWELER, m^
■ \ti No. 60 J street, between Second and Yfrfr. -
Third. Dealer in Watches, Clocks, yfe-' *
ware, Jewelry, etc. Repairing in all its«f»u!B
branches a speeialtv. under MR. FLOBERG.
[auS-lplm]
HALE & CO., CEITERIOI- STOBE. r
.'---...'-- "i "W(i|fiMW>l_WallV|i|liCl ffPHJ-Wllt-M-Jiiltl^'Li >__ WißJiH* -_
ATTEMPTED BULLDOZING.
Sacramento, August 14, 1880.
..-.- MESSRS. O. A. HALE & CO., San Jose.— Gentlemen : As I see you are largely
interested in the welfare of your business in this city, you will not be in the way of
fixing the prices of COATS' SPOOL THREAD to 60 cents per dozen in this city. When
all other merchants agree, I believe it to be nothing but right and just to sell Thread
not for less than cost price. I received the following for publication, in case anyone
persisting to sell COATS' THREAD for 50 cents a dozen : lllllllil
[COPY.]
" Office of Kittle & Co., Etc., Etc., )
San Francisco, August 13, 1880. i
"MR. A. COOLOT, Sacramento Dear Sir: No merchant can sell Genuine J. & P.
COATS' SPOOL COTTON at Fifty Cents per dozen, withont losing money or cheating
his customers in other goods. Yours, truly, ■ KITTLE & CO.,
;-.< "Agents for J. & P. Coats on the Pacific coast."
You are respectfully requested to consider this matter, and inform me and your
house in Sacramento of your approval, so as to prevent the publication of the foregoing
notice. With great considerations, yours truly, *:,..- A. COOLOT, ,
.ffrrr _ (A.L.C.)
... P. S. — All the merchants here are unanimous to sell it for 50 cents a dozen if you
won't agree to sell it for 60 cents, so you see you will not gain anything by. doing so.
This implies only in the city of Sacramento. ' ?■-**• ~A
_E_E_^.X__ES -Se CO.'S __^_E_3_?___i"__T_
. . .. San Jose (Cal.), August 18, 18S0.
MR A. COOLOT, Sacramento, Cal. — Sir : Yours of the 14th instant at hand, and
"with great consideration,"' contents noted. THIS IS NOT THE FIRST TIME
ATTEMPTS HAVE BEEN MADE TO DICTATE TO US terms upon which we
should do business, and . THREATS SIMILAR TO YOURS have been made, but
without avail. It seems strange to us, Sir, that you, a Cigar and Tobacco Vendor,
should be so interested in the prices- of Dry Goods, unless , you are in collusion with
Dry Goods Firms of your persuasion. YOU ARE MISTAKEN IN YOUR MEN.
We shall not enter any combination ; you can't bluff or frighten this firm into doing that
which they consider detrimental to the public welfare. We must distinctly state we
shall in any and all cases manage our affairs as we deem right and proper, whether it
suits you and your firms or not. Should we need assistance in arranging our prices at
any time, we have your address. y' . : . '''..-,---' .v* v
'."_" Yours, with due respect, O. A. HALE & CO., ''.iff".
per Cobb.
A VOICE IROM THE SACRAMENT O HOUSE
"-: It would be a work of superoragation for us to "rise and explain. " The gentle-
man's letter is a true index of what he and the combination would effect, had they the
power, and this move of the Clique is a perfect Clock Face, with dexters indicating
what the price of Dry Goods would be had they the control of the inside running. . It
is apparent, from the reluctancy they manifest in relinquishing their hold on the one
item (Spool Cotton), how firmly they would rivet the chains and perpetuate a bondage,
no matter how withering in its effects, if by so doing the said combination can corral a
few extra coins ; but it is the determination of HALE BROS, to cut right at the root
of this evil. We have done it in other cities, and let the Clique plot as they will, and
hold their secret sessions as they may, yet will we checkmate them. This coalition of
the trade is nothing new, excepting the person persona. We have been assailed and
persecuted in every town where our RADICAL FLAG has been unfurled. We have
been solicited to join combinations. We have been cajoled and threatened by turns-
sweet molasses and the fiercest invective have been used alternately ; but rather than
partake of their sugar-coated pills, be cowed by their threats, or coerced by any tactics
of such Cliques, the HALE FLAG shall sink with the shot-torn wreck, but never be
unfurled as the Combination Colors. But, gentlemen of the combination, we wish you
to distinctly understand us. We are not to be extinguished ; we have never yet said
" Fail" in any of our enterprises — it argues well then that our business must be built
on the principle of " Right," and we hold this principle as the mainspring of all our
endeavors. There is another view we may take of this matter :We consider we are
free agents, and as such we opine we can give our goods away if we choose, and we say
right here that our combined capital is such that we can well afford to give, if ; the
object of our charity is worthy, or if we feel like it— but our system of working is, that
it distributes the good broadcast, by placing our chattels on such a low scale that all who
will may. profit. Will the reader kindly follow us a little further? Whether the organ
(which Phrenologists designate "Causality!") has been fully developed in the writer
of the threatening letter, we leave the public to decide. We think his appreciation of
Cause and Effect must be somewhat limited ; in one breath, he proposes through the
Agent to tell the people of Sacramento that "no merchant can sell genuine J. & P
COATS' SPOOL COTTON, at 50 cents per dozen, without losing money or cheating
his customer in other goods." Now, mark the last clause ! Almost in the same breath,
he (Mr. Coolot) says: " All the merchants here are unanimous to sell it for 50 cents a
dozen, if you won't agree to sell it for 60 cents, so you see you will not gain anything
by doing so." Shades of Lindley Murray! We trust there are no Spiritualistic
Mediums mean enough to disturb your rest. But what will the public think of the
principle this last clause in their letter embodies : First — They tell you that we are
losing money by selling certain goods at 50 cents per dozen, or cheating the customer
in other goods ; bnt if we, HALE BROS, k CO., do not accede to the combination
request, that they (the Combination) will place themselves on the same footing, to wit,
"lose money or cheat the customer." Here our pity and charity would fain throw the
mantle of Mercy over the propagation of such a doctrine ; but, in self-preservation, and
as a duty we owe to the public, we hereby expose the rottenness of such a propaganda.
Just one word more and we have done. Why don't the Combination assail us on the
price of other goods ? They know that we are leading them all along tho line. Why
not admit the fact, and complete the suicide ? The public know it anyhow, and from
the vast and increased patronage we are receiving they appreciate it, and seem ' de-
termined to assist the house that has worked such a radical change in the prices of Dry
Goods. We are somewhat surprised at the course our esteemed friend, Mr. Coolot, has
thought fit to take ; but we presume, and are willing to think : that he has simply been
used as a Figure-head by the intrigues of the Combination ; for we cannot possibly
think that a gentleman of Mr. C'oolot's experience, and who has waxed fat upon the
people of Sacramento for the past twenty. four years, should wish to stint his patrons
to four or five spools of Cotton for 25 cents, when our bouse is willing to give them
six. We may conclude this by assuring our friend, Mr. Coolot, that if he, or any mem-
ber of the Combination will lead off in price any article : of Dry Goods, that we will
most assuredly follow — providing we are not already ahead. We are informed, Mr.
Coolot, that you are rich ; if so, believe us, sir, that the waving plume bends more
gracefully, and the jeweled hand sparkles brighter, when beckoning an oppressed
people to Progress and to Power : and it is the privilege and province of those to whom
Providence has been bountiful, to sit in the '"Gates of the City," and dispens<> some
what of what God hath blessed them. (Signed),
M. Hale,
Gt* N. Hale,
J. M. Hale,
O. J±a Hale,
_E. W. Hale,
P. C. Hale,
Representatives of Five Houses on the Pacific slope.
- - - - . .«- I.T-.t -l&taMw.; »__»______________
SACRAMENTO, TUESDAY .MORNING, AUGUST 24=* 1880.
MECHANICS' STOEE.
WE DESIRE TO INTRODUCE TO THE NOTICE OFTHE PUBLIC
OUR —
W"Furnishing Goods
._*-'±>aS-PwA...B , __''M'_E'_SrT_
We have now, with our increased room, facilities for carrying a much
..-""--"■ '■■■..'■■. '■"■''''
larger stock and a mors varied assortment than heretofore. We were de-
termined to make this department so complete, that it should be second to
none on the coast.
We shall enumerate a few items, which we claim can be purchased at
our house to advantage: FIRST— . .-.'?• '-"-'"
WHITE SHIRTS!
S3* We obtain these goods direct from Troy, and as we purchase in large
quantities, we obtain our WHITE SHIRTS at the same prices as those paid
by the San Francisco wholesale houses. We believe we are the only house
in this city having this advantage at purchasing; for even if others order
East, they can neither find a first-class house to fill their orders, nor can
they obtain as low prices, unless they order in large quantities. The same
can be said of our stock of
'*m*W*'U 11
Linen Collars,
Cheviot,
Fancy Dress
AND
CALICO SHIRTS!
Sir OUR NECKWEAR DEPARTMENT
Has been amply stocked with stylish TIES, BOWS and SCARFS of every
conceivable shade, texture and design, so as to meet the demand of
the most fastidious or fashionable.
' NEXT I_ ORDER COMES
Our Underwear Department !
tS We obtain the principal supply direct from the New York Commis-
sion Merchants, Hence, we claim the same advantages as in our WHITE
SHIRTS and COLLARS. We manufacture considerable of the goads sold in
this department on the premises. We now employ in our Factory about 30
—running the Sewing Machines by a Rider Engine, thereby reducing
the cost of production.
- ... WE MAN I' FACT IBE .
OVERALLS, JUMPERS, OVERSHIRTS,
BLOUSES,
Boys' Pants, Underwear, trappers, Cloaks, Etc.
WE .WAKE A SPECIALTY OF
-__r__£^<____l. jf* " __F^__ *T_CT_ I *T__^___ %____ *P_-_*
_________ -Q^. Jmmm\\mm9 ~**^^ m m \ mmm W "^^S|
Flannel Underwear!
Besides the articles enumerated, we would mention that we invite an inspec-
tion of the following divisions of the Furnishing Goods Department
Suspenders, G-loves,
Handkerchiefs, Hosiery,
Notions, Etc. full
ONE PRICE! ONE PRIOE!
- Orders Filled Frompfiy. Trice List and Samples Sent FRBE. Address :
WEINSTOCK&LUBIN,
fe J i ß^**ijff|B,*M*wroi________^^ f iffly mi. tr iMCifriirffc iwi. jMtmjiim 1 . \
.■■■"■■'•". , -..--. :■-■-.- . -'■ ' ■ '-■ '
PROPRIETORS MECHANICS' STORE,
Nos. 400, 402, 404, 406, 408 X street, Sacramento.
Until September Ist we shall continue to close our
Stores ■at 7 o'clock iP. M., Saturdays] |and Pay-Days at
the Railroad Shops excepted.
mmmss^^Sfmsms^^i^^^Js^imsm^iS^^^^^&xi - .-iS_B_lfe_si___SS
FIGHTING FOR LIFE.
THE GOVERNOR HOLDS A COURT AND
xf HAS AM ARGUMENT ' BEFORE ; HIM.
The argument in the case of Sprague, con
victed 'of : the murder of T. Wallace More,
on application for Sprague's pardon,'; com
menced before Governor Perkins at 1:20 v. M.
yesterday. .. There was ' an" : attendance fully
equal %to ' the capacity *of the Governor's
chambers. , r ( For " the petitioner '.. appeared
Creed Haymond, Vf. A. Cheney, J. H. ___■
Kune and District Attorney Brooks, of "Ven
tura. • For the People appeared Attorney-
General Hart, George A. Blanchard, W. T.
Williams, T. B. Bishop and J. T. Richards.
In addition wera present several prominent
lawyers and detective officers, -'. journalists,
citizens of Sacramento and from abroad, and
others.
The Governor stated the application, the
notice given by each side of the desire to be
heard, and his willinraess to hear them.
CREED HAYMOW),
Having the affirmative, opened the case, and,
from tbe time he began, such a rapid and
brilliant exhibition of fencing between counsel
took place as has seldom been witnessed,
Counsel on both sides seemed to be inspired
with the most intense nervous interest and an
energy arising almost to passion at times,
soon creating an atmosphere of painful inter
est, the magnetism of which was felt by all
present, and awakened a degree of atten
tion that was a strain upon every mind,
and brought every intelligence into the most
active exercise of its reasoning powers.. All
felt that a life was at stake,' that it was an
unusual I and j novel, and in one sense, awful
proceeding. -_ It was the first Governor's
Court of which any of those present had ever
had experience, and probably no Executive
ever had before it such a peculiar proceeding.
Governor Perkins was . evidently painfully
impressed with the situation and the
novel position he found himself in, sitting
in a : judicial capacity, and forced
by counsel to make a semi-review of proceed
ings had in solemn courts of trial and appeal.
The Governor manifested throughout a
thorough appreciation of the great respon
sibility resting " upon him and the deep
solemnity of the proceeding, and by his man
ner of presiding gave evidence of his de
si'e for a perfectly . impartial hear
ing and a conscientious discharge of
duty by all the parties before him.
The argument continued v.-ith the greatest
vigor four hours and a half without any pause
or intermission, and every attorney in the
case took a hand in it. In great part it was
a constant cross-fire of question, answer, as
sertion, denial, invective and challenge, in
volving fact, personal veracity, statements of
law, evidence, precedent, good faith, etc. Of
such an argument, impregnated by so much
of the fever of excitement and the earnest
ness of deep feeling, but a faint idea could be
given by either synoptical or full report. S To
the presentation and characterization of the
more material points, therefore, this report
has been confined, as the best method of in
forming the general reader.
Mr. Haymond, in opening, called the Gov
ernor to bear him witness that he had not
made any personal appeal to | him, or ap
proached him with argument or persuasion, to
pardon Sprague. - He believed with Judge
Temple that the Executive in cases like this
sits as a "Chancellor. Much had been pub
lished by the press about the case, but very
little of it was for the defendant. All the
efforts iof ' counsel for defendant had
been to secure him a new trial. If he was
entitled to it, and the time for it had gone by,
then he ought to be pardoned. ' But to cut all
questions of doubt out of the case, believing
m be did in the man's innocence, he bad
A PROPOSITION
To make, which he submitted in writing- as
follows :
The Attorney-General, in an interview between
a reporter of the Record- _ sion and himself, having
expressed his belief that the attorneys for the de
fendant had avoided a new trial because they be
lieved it would ' result In a conviction, now comes
the attorney for the defendant, and plighting his
faith as an attorney that he used all means within
his power to proem a new trial in the full belief
that it would result in the acquittal of the defend
ant, as a earnest of that faith makes to the people of
tbe State these propositions :
1. The Attorney-General and defendant's attorney
will agree that the Supreme Court shall recall the
remittitur issued in the Sprague case. (This being
in accordance with what the Attorney in
the Supreme Court stated had been done in the Nor
cross case).
2. That a bill of exceptions on the merits shall be
settled by any Judge of the Supreme Court whom
the Attorney-General may select.
3. That the case be heard on its merits by the Su
preme Court, and if that Court by its judgment de
termines that Sprague bad in the Court below a fair
trial, and affirm- the judgment, then the defendant
will waive all claim to Executive clemency and suffer
execution. "
4. That if the Supreme Court determines that the
defendant did not have a trial in accordance with
law and reverses the judgment, the defendant will
agree to a change of venue and the case may be
tried in any county in this State which the Attor
ney-General may select, and before any Judge whom
the Governor may designate.
If the foregoing propositions are rejected, then
the defendant will agree that the reporter's notes of
the trial and the rulings of the Judge and instruc
tions may be submitted to any Justice of the Su
preme Court or any impartial lawyer in the State,
to be selected by the Governor, and that if such
Justice or lawyer does not determine that under the
decisions of our Supreme Court and the law the
judgment must be vacated and was unauthorized,
then the defendant will waive all claim to Executive
clemency; otherwise to have a pardon or a new tna'.
- THB REPLY.
Attorney-General Hart instantly arose and
with much feeling expressed his great surpti-se
at the proposition. He was astonished that
any counsel should seek to place the law
officer of the State in such a position— one
calculated to embarass him in the public eye
and prejudice him in the public mind. Coun
sel understood the law well, and ought not to
have made such a proposition. Mr. Hay
mond well knew an Attorney-General could
not even seem to consent to such a remark
able and unheard-of offer."-' He could not con
sent to the withdrawal of the remittitur, and
Mr. Haymond well knew it. The Attorney-
General is powerless to do anything of the
kind, and even if he should, it would have no
earthly effect except to make him the laugh
ing stock of the whole land. If his consent
could do it, he might consent to Sprague hav
ing a new trial.
Mr. Haymond — We will accept the con
sent. - ; fizfr-ii~-''i. i -.-'■ S; "
Mr. Hart— The counsel well knew that no
such consent could be given under the oath
and bond of the officer and under the Con
stitution and the laws. The Supreme Court had
in the presence of Mr. Haymond and himself
plainly told them that the Attorney-General
had no power .to consent to the withdrawal
of the remittitur. That is a question solely
within judicial authority in all criminal cases.'
The proposition placed the Attorney-General
in a false position, and every lawyer above
the grade of a pettifogger knew it. - Suppose,
however, that the Attorney-General had such
power, what would be the — why a plea
m bar of a former conviction ? Every school
i boy knows a man cannot be twice placed in
jeopardy, and no one can by - consent in a
criminal caso remove the bar of a former con
viction ; therefore such a consent, if effective,
would be so to work nothing but the dis
charge of the prisoner, and thus I what the
Executive is asked to do would be transferred
to the shoulders of . the Attorney-General.
The proposition was not such a one as should
have been at all a proposition to do any
thing the .Constitution, the laws and good
morals inhibit.
He was present to ascertain if i in the judg
ment of the Governor the defendant is on the
evidence guilty or innocent of , the crime with
which he is charged. 'If counsel could fairly
and reasonably show Sprague innocent, he
would instantly join in the application for his
pardon. ' But this attempt to create popular
sentiment against the judicial arm of the Gov
ernment he must and would denounce, a sen
timent which should not .be allowed ,to try
criminals. In some quarters and by some
papers his sincerity had been * questioned in
this case. He cared not; he knew his duty,
and his conscience should not reproach him
with neglect of or a retreat from that duty.
His duty was to the people, and he proposed
to do it, I fearless of the consequences. . He
read an opinion of U. S. ". Attorney-Gen
eral Wirt to show that ;in \ a case of piracy,
where the parties had waived : a right they
clearly had, and that : went to the jurisdic
tion,': and ; the case was ' tried \ and -a - con
viction y had, and affirmation <on appeal,
that : it si was .-" not ': the ; province -of _ the
President to interfere and stay the execution
of the law. .The pardoning power ! does not
imply the power in the Executive or the Attor
ney-General to grant by any I proceeding, of
consent or otherwise, a new trial or a reinves
tigation of the facts. ■ The means of obtain
ing
A NEW. TRIAL
- - .--■■'-.--'-■-.- ■ . - _ "--.- -'-.-_'>■.-■,'.-'.*■■
Are '"; prescribed \ clearly;-. by the r law, "■ arid
through certain methods only can it be ' ob
tained. ;-. He begged counsel to ; cite ; any ; law
orjauthority, any reason or argument, for do
ing what was asked of- him. They could not
be given, and counsel ; well ' knew it. The
________*_. _s*e_!__-_. - :V- _-."- .-.v...- :_*-. --.---._ v.- --
I proposition had been made, he inclined to be
lieve, purposely to place him I in a false posi
tion. .He declined to entertain it. -
Mr. Haymond protested that he bad not
attacked the motives of Mr. Hart, : nor
was he to be drawn from his view of the case
by any such . charges. : He owned no news
papers, and so could not have attacked Mr.
Hart, but the latter now consented to sign a
stipulation for a new trial. •-■-,
I Mr. Hart— Show me any authority for it.
' Haymond — I take your consent.
j — Did not the Supreme Court say to
us such a thing could not be ?
Haymond Yes.
■ . Hart— Did you ever know of a convict who
wouldn't consent to have a judgment set
aside ?
, Haymond — No. - .^;;._
Bishop— Did you ever know an Attorney-
General to do it ?
Haymond— No. I can show : plenty .of
cases here and in other States that the People
can consent to a new trial.* I know some
law, I think, but have no desire to show it
off. : All I ask is, let the Supreme Court de
termine if there can be consent given to the
withdrawal of a remittitur. That is all we
ask now.
Governor Perkins— Didn't the Supreme
Court decide it had no power to withdraw
the remittitur ? ' .W--^f__-!--iß&_Ei3£3i-S
Haymond — Yes ; ; but consent was not
mentioned. All he asked was to let the
point go to the Supreme Court, and if it held
adverse. to him he'd pledge himself not to
again apply to the Executive for clemency,
and he'd bind his client likewise.
THE GOVERNOR'S VIEWS. ;
.'.. Governor Perkins here said that his view
was that a party may be examined, bound
over, tried, convicted, and go up on appeal
and a new trial be ordered, and in all the
proceedings every Conrt and officer would
nave individual responsibilities, not divisible.
"When the case comes to the Executive on a
petition for a pardon the Executive j has an
individual responsibility. He can't evade it
nor divide it with the Attorney-General or
any one else. In a proper case the Executive
should interfere, and it perjures itself if it
does not, when convinced a man has not had
a fair trial, or has been the victim of preju
dice or bias, or if new evidence comes to
light which if known and produced at the
trial would have changed the complexion of.
the case and work the man's acquittal, or if
any of the witnesses on whose testimony his
conviction depended are impeached by new
testimony. He had a deep and serious con
viction of the responsibility on him. It all
rested on him, an.l he could net if he would
divide it with any one. He wished counsel
to avoid technicalities ; they had desired to
be heard, and he wanted them to abide by
the evidence and show up, if it be so, any de
velopments that did not go to the jury that
if presented originally would probably have
prevented a conviction.
Mr. Hart said if such evidence could be
brought forward he would admit that Sprague
ought not to be executed.
THE CASE OPENING.
Mr. Haymond then addressed himself to
the question of the scope of the pardoning
power, claiming for it the widest field, and
citing the freedom with which it was exer
cised in England prior to the time when new
trials begun to be granted. He then began
to read from a letter written by Judge Uines
recently to Miss Hattie Sprague, in which
the writer states his belief of the innocence of
Sprague, and says that the people of Ventura
have changed position on the cas. because of
the recantation of Jones, the explosion of
Brown's testimony in the Curlee case, the be
lief that Hickerson was purchased, that hired
emissaries of the More brothers worked up
the case against Sprague by fraud and cor
ruption. During the reading of the letter a
hot debate occurred between Messrs. Hay
mond, Williams and , Brooks as to Judge
Hines, his pi- i'i a -t to the case, the facts as
to the real sentiments of the people of Ven
tura county, and the question of the bias of
Judge Fawcett, who tried Sprague, and
whom Mr. Haymond charged with
being bitterly hostile to the prisoner.
It was by the act of Judge Fawcett that the
case of Sprague was never heard before the
Supreme Court «n its merits, and that right
was as precious as the trial by juiy, and of
that right he had been deprived by the unac
countable ' rascality of Judge Fawcett. If
be was deprived of that substantial right,
then the Executive ought to interfere as
much as if deprived of a jury trial. He
proposed to introduce testimony of witnesses,
not in the Sprague trial, but in the trials of
other defendants now discharged and free.
EVIDENCE.
He offered in evidence records of the case
and on appeal in the Sprague cases.
Governor Perkins (aid he had before him
a transcript of the case as certified to by the
acting District Attorney, as required by law
to be sent up to the Governor in capital cases.
Mr. Haymond said that it was not a cor
rect one, and thereupon a lengthened discus
sion ensued, in which Mr. Haymond said he
proposed directly to attack the certified
transcript and to contradict the certificate of
Judge 1 awcett. He wanted to use the re
porter's notes of the trial in the hearing, and
thereupon a discussion arose as to the qualifi
cations and whereabouts of that reporter,
and Mr. Williams openly attacked the notes
as incorrect and not reliable. ■
Mr. Haymond pointed out instances which
he declared showed the falsity and prejudice
of Judge Fawcett's statements of the evi
dence, as for instance, concerning the testi
mony of Juan Olivas, Judge Fawcett's docu
ment says " Juan Olivas was then examined,
but cot ling new was elicited," when in fact
Olivas' examination was, !as the reporter's
notes disclose, long and important.
Mr. Williams— don't propose to allow
Judge Fawcett, now dead, to be attacked and
libeled by a reporter's notes." :
Mr. Haymond l don't propose to hear
such threats.
Mr. Williams ßut I propose to make them.
Judge Fawcett told me more than once that
the reporter's notes were incorrect. The
Judge took his own notes. .:"*
Mr. Haymond — Why, here Fawcett in
place- leaves out the whole of the cross-exam
ination, and then again puts in all the cross,
and omits bodily the examination in chief.
Mr. Hart did not object to the reporter's
notes going in, but did object to their being used
to impeach the certified transcript of Judge
Fawcett, which the law required . him to
make and came under all the solemnity of
the judicial oath.
, Tne Governor said he'd often thought that
if he had been a Judge he'd hear all the case,
make up his mind as to the right, and then
tell one of the lawyers to hunt up the law to
fit that judgment, satisfied that it must exist.
A wordy debate ensued between counsel as
to the testimony in the Curlee trial (con
sidered on appeal), and whether that case in
volved the points in the Sprague case. Mr.
Haymond put in the evidence in that case,
and claimed that the identical point passed
on by the Supreme Court in that case was
vital in the Sprague case, and would, if
passed upon, have secured for him an order
for a new trial. He read a letter from Sher
idan, one of the jurors, and the most intelli
gent of them. He is now a journalist in San
Eiaucisco. The letter recites that without
Jones' testimony he (Mr. Sheridan) would
not have found Sprague guilty, and that with
his evidence destroyed there was cot evidence
to hold Sprague.
PETITIONS. .
He also presented a petition ■ signed by
2,000 citizens of Sacramento county, and one
signed "by about everybody in Ventura
county," asking Executive interference in
behalf of Sprague, such as the Governor upon
examination should deem proper, etc. 'j_Sy^
Governor Perkins said he had been in
formed that the Ventura petition was signed
chiefly by squatters, and those in close sym
pathy with them. As to the Sacramento pe
tition, he respected that people, but thought
he ought to give it little, if any weight, in
contrast to that of Ventura, where_ the peo
ple are presumed to know something about
the case. Another debate here took place,
this time as to the petitions \ and by J whom
they were signed, and finally the Governor
asked Mr. Haymond if .he was trying a case
nnder oath would he be influenced by public
expression, and Mr. Haymond replied: No,
air. . Then said the Governor, is not my posi
tion the same ? - Mr. Haymond thought not,
as the pardoning power is broader than the
judicial, and the petitions of the people were
proper to be considered by the , Executive.
He then began to read the Ventura petition,
stating the standing, occupation • and official i
position of each signer, during which Messrs. |
Brook, Williams, Haymond . and Hart fre
quently debated matters connected with the
signers, their relation to tbe case and to parties,
etc., which debate consumed considerable time.
The ' petition '; was signed - by business Tien,
farmers, officers, Judges, some of the jurors
in the case, and among others, by Mrs.Hick
erson, the wife of the dying man who made
oath that Sprague confessed his crime to him.
On that fact Mr. Haymond dwelt at length,
and said Mrs. Hi ikerson knew better than aaiy
one e1.3 whether Sprague ought to be on-'
vicled '" on her ! husband's - testimony. "-J. The
question also of the form of the petition was
discussed <". at length. -.. 'It ■* appeared ; that
it v ; did . not ; "*- ask ■*-- for _ the -v.- pardon * . of
the uofendant, "-but ; for ■ Executive •; inter-
DAILY BE-OE__r_TOV ..FRIES,
• voir he All -M MHi:*i ■>.
f ._._<_■. : > Mr. : Williams concluded that
■ the people would not have signed for a
pardon, while Mr. Brooks said if the question
of pardon or death of Sprague ' on the gal
lows had been presented to the petitioner.) .
SOO out of S'__ would have signed the petition
in his belief. . Mr. ■ Haymond asked if the
integrity of the petition was attacked, or the
method of its circulation, and Mr. Williams
replied that tbe integrity of the signers was
not attacked, that they were honorable peo
ple, and he did not question the methods em
ployed by Mr. Brooks in soliciting for the
signatures. He believed he bad acted openly
and fairly in the matter, but he differed from
Mr. Brooks as to the purpose of the signers.
He did not believe the signers intended to
ask for .';/
':": %ri S_____l*_.S PARDON. .
Most of them expected | commutation, and
many had told him they would not sign for a
full pardon. | Mr. Brooks said he was posi
tive as to his understanding of the sentiment .
of the people of Ventura county as already
expressed. Out of some 5,000 total popula
tion in the county he had on the petition
over SOO voters. He had found but 81 men
who declined to sign it.
Daring the debate incident to the consider
ation of the petitions and the letter of Judge '
Hines, the question of the opinion of Detec
tive Hall, who worked up the case against
Sprague, was brought up, \ and while Mr. '.
Haymond averred that he was willing to
leave the whole question to Hall : " Shall
Sprague be hanged or set free," Mr. Hart and
Mr. Williams as strenuously held that Mr.
Hall supported their view of the case. ■*"• Mr.
Hall was present during part of this debate.
, THE CURLEE CASE.
The debate then floated back to the Curlee
case, and Mr. Haymond warmly insi ited that
the testin. ony in that case was stronger than
in the Spr.gue caa*. and yet Curie* had been
granted a new trial and the prosecution dis
missed against him . because, as the record
showy, there was not' sufficient evidence ob
tainable to convict him, and the prosecution
stated in the record that it could not supply
the place made vacant by the smashed-out
testimony that was crushed by the decision
of ' the Supreme Court. He insisted
also that the testimony in the Churchill case
was twofold as strong as that in the Sprague
case. He attacked the testimony of the wit
ness Brown, read from the decision of the
Supreme Court regarding it, and claimed
that that showed it to be utterly worthless.
and that now no man in all Ventura gave it
the slightest credence. He attacked also the
testimony of Jones, and gave the history of ■
his recanting. He declared that if Sprague
is executed he shall make it his business to
hunt up Jones and have him prosecuted to
tha bitter end for the murder of More. He
reviewed the testimony of Olivas and
Ramirez, charging that their testimony,
as to the presence of ' Churchill
at the killing of More was absolutely false.
The Grand Jury ignored the charge of per
jury against Jones and thus decided that his
testimony in the Churchill case was true
wherein he recanted. _ All the other defend
ants have been set at liberty, but the prosecu- '
tion insist upon Sprague being hanged, when
the same testimony which would not hold the
alleged conspirators should, ■if Sprague is '
guilty, have convicted them. Sprague's peo
ple are poor and have no money. Conns. 1
serve them without recompense, and have
paid out vastly more than they bave received.
But the prosecution had hounded every one at
all connected with the defense. Those who
seek for blood had even attacked tbe fair fame
of Sprague's daughter. Nobler evidences of ■
devotion he had never seen than that dis
played by those two girls for their unfortunate
father. By members of his family Sprague
--___._ __*_ " ' _ .:
V y ... y HAD PROVES AN ALIBI.
But the testimony of members of his fani:'
had of course been under a cloud, as is «_
--ways the case under such circumstances. He
entered upon an analysis of the .wntiments of
the people on the Sespe and in Santa Barbara
connty, declaring that if Sprague is set free
there is no danger of riot in the one place, or
if executed, of bloodshed in the other. He
declare 1 the people of Ventura to be "The
People " in this case, and that counsel for de
fense really appeared for " The People," tho
people who make Governors and Judges, and
from whom all power is derived. He had
never asked for Sprague to be pardoned, had
not got up the petitions ; they were the work
of others. All he had asked, as he begged at
the door of tbe Judiciary, was for a chance to
show the man's innocence and bring the real
criminals to light Respite Sprague for two
years and be believed they would come very
near to showing up the true assassins.
J Williams — You have had three years.
Haymond Yes, and what have we not
accomplished with wealth and power against
us. Six of the seven defendants discharged
and the sentiment of the people changed to one
oi friendship for Sprague. The Constitution
guarantees Sprague a trial according to due
process of law. It has not been according to
due process. There is error in the record and
sufficient to give Sprague a new trial. Mr.
Haymond again referred to the petitions, and
Governor Perkins told him he had affidavit
declaring many signatures were had by un
due influence. Mr. Brooks warmly denied
the charge, and asked to have an inspection
of the affidavits and letters and the Governor
passed them to him. Mr. Hart asked if
many did not sign the petitions on the ground
that Sprague was justified in killing More,
and Mr. Brooks replied, '.'No." -Mr. Hart
said he had found many in Ventura holding
to that theory. Mr. Williams said he didn't
believe ten of the petitioners favored a par
don. Mr. Brooks replied that all who favored
commuting the sentence had so written oppo
site their names.
REVIEWING THE CASE.'
Mr. Haymond, at the conclusion of a
lengthy debate over the petitions, took up the
published decision cf the Supreme Court in
the Curlee case and read it and analyzed tte
opinion of the Court, and pointed out what
be claimed to be the similarity of the points
reserved in that case and in the case of
Sprague, and held that the Sup eue_ Court
would have made the same ruling in the
latter case. He read also from an opinion of
Judge Temple, who sentenced Sprague, claim
ing that Judge had found error in Judge
Fawcett's record, and that Judge Temple's
holding was the first gleam of justice he bad
got in the case, and that it proved the bill of
exceptions bad been purposely killed off by
the certificate of Judge Fawcett, who fa'sely
certified that the bill was made up of all the
notes of the reporter, and of side bar re
marks, and was not a correct bill. . He called
C. N. Post, who was sworn by the Governor
and testified that he aided Mr, Haymond in
making the bill of exceptions. They sent to
Ventura for the transcript oi testimony, and
had only from Friday noon till Sunday morn
ing in which to do the whole work. They
went through the 1,200 or 1,300 pages and
struck out the testimony not needed to go up
to elucidate the exceptions, and then sent
the package back to the Clerk of Ventura to
be filed in time. Since then witness had
gone over the papers again, and had them now
before him. He found over 400 erasures
which he and Mr. Haymond had made in
making up the bill, and recognized most if
not all of them. ' In that condition the bill
had been sent back to the Clerk of Ventura.
Mr. Williams The Clerk denies it, and I
believe will testify that it was not bo received.
Mr. Haymond — he lies, and whoever
stands behind him in it lies. I know what I
say. I know I made the erasures. I know,
it is almost the uniform way of preparing
bills. Mr. Hart knows it, too ; he had a like
case.
j Mr. Hart Yes, before Judge Key ser. .He
refused to settle a bill so prepared and I
forced him to do it. -,
• Mr. Bishop said it was not the practice in
San Francisco. . ' ' ■'■' '.-'■"
- Mr. Haymond replied that he had prac
ticed long before Mr. Bishop, and | knew it to
be the correct and bettei practice. By that
practice all the testimony is before the Judge
and he can see what is stricken out and what
its irrelevancy was.
~ JUDGE FAWCETT ATTACKED.
Mr. Haymond then entered into an ex
planation of how it was his time ran out be
fore the bill was settled, and how Judge Faw
cett took advantage of it and barred his pro
gress iby it "He declared Judge ' Fawcett's
certificate false, and uufouiy false, and con
demned that Judge in unmeasured terms, de
claring that he was prejudiced, biased, falsi
fied the record," rules against j defendant un
justly, and in other ways injured his case be
fore the jury, going at length and in detail
into a history of the making up of the bill of
exception-*, and pronouncing the acts of Judge \
Fawcett to be criminal and darker and deeper
than the dastardly midnight assassination of
More on the Sespe, and that, because of the
crime of the j perjured J Judge, ': Sprague ia
about to be hanged, being by his fold acts de
prived of rights which would have ' worked
his clearance. He took up the record and
pointed i out that j Judge Fawcett ;■; had, by
i marks \ of erasures and side , notes, gone on
I settling the bill of exceptions ; until jhe came
i down to where it was recited tha*. tins day
I the Judge palled out his watch, ar.d | turned
' to the jury and said,, ''lt's ah tut time lor an
I exception.* from the defir.se. a* - we -I even t
| had ou,i for Sff.-cn mil u» •*■" !*>»> I*** : * vt -'
j [co.NT_-.1_.:; "« t> * *l
I - l ....... .-■■:• ••,:. ... ._. :

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