The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-08-17

refused to testify. saying, in answer to a
question by MIR. Jackson, 81 do not want
to criminate myself" This was an i'm
portant point for the prosecution.
Deputy Sheriff Herkert was the next
witness. His testimony was substantially
the same as that of Marshal HAYES, except
that he said that Currans told him that
Isaac was the man who shot at him Her.
kert:) that Edward Westphal was not
| there,
Currans recalled: Saw Westphal mould
bullets; do not recognize the bottle of pow
| der. 1t was about the farm | saw him
make the bullets.
Albert Bridgford, sworn: Know Isaac
Westphal; have known him II years; was
present on the night of the robbery; heard
lsaac's voice plainly say to Herkert, Here
am Cd d-n you" heard Herkert
say, who are you?' | recognized the
voice as Isaac Westphal; can swear posi-.
| lively it was lsaacs voice.
| Cross examined: | came to Adam
lWestphals the night of the occurrence:
did not see the men enter the house: heard
| the footsteps: got to the house as quickly
| as possible; when the first shot was fired
was half way to the fence. | swear that
| it was his voice at least it sounded like
his; have known him II years; think he
can take care of himself.
Reexamined by Mr.. jackson. Do not
| think Isaac bears good name; think he
| would not hesitate TO undertake a Job OF
this kind y
Constable Ankrum was the next wiz.
ness sworn. Ills evidence was the same
as the account which appeared in THE
ARGUS.
Franklin Wheaton, sworn: Reside here;
am clerk in Thomas drug store: do not
recognize any OF the defendants: the label
| on the bottle of chloroform is the same as
that we use.
Alexander Valentine, recalled for The
defense: Had made no preparation as to
who would use the chloroform until we
got to the gate, when it was agreed that
Jack Currans should use the chlo.oform.
On Sunday, August 9th, plan was formed
TO burn the house; there was no man
formed the night of the business. That
night Currans said we will chloroform the
| old folks, take the money and burn the
house. The only plan was that made by
| Currans who wanted to burn the house
| and the old folks in it. Edward West
phal was the first party who conceived
this plan; | refused to go into the plot;
l think the intention was to get the old
folks out of The way; Westfau said "he
must have that money"
Rec examined by Mr.. jackson: The plan
was to chloroiorm the old folks, rob them,
| and then burn the house and the old peo-
pie with it. Edward Westphal told me
this was the way to do it. He edward
WestphaD would stay home and swear
| that we slept in the barn all night. | told
| him | would not consent to burning the
house. This plan was made on Sunday.
Aug. 9th, by Edward Westphal, at his
house. Currans was the one who was to
chIoroform the old folks and burn the
house-that is he said he knew how to use
it. | did not agree to burn the house.
This closed the evidence for the prose
cution. The defence produced no wit.
LesSes.
Mr.. Jackson for the prosecution then
entered into short review of the evidence ::
he thought Valentine should be held with
the rest; that although the evidence was
valuable he should not go entirely free, at
least not for the present. He thought the
court should be leuiend with Valentine,
however, but urged heavy bail for the
others. not excessive bail, but such as
would render them safe before the law.
MIR. Smith, tor the defense, stated that
he had no point to offer at this time; that
what they proposed to prove would be de-
veloped at another tiu1e. He then went
into review OF the law on bail for similar
cases and urged the court not to impose
excessive bail, that every one was sup
posed to be innocent until proven guilty.
aud finished by urging the court to fix the
bail in conformity to the circumstances of
his clients.
At the conclusion of the remarks of Mr..
Smith, the bail was announced. by Justice
| Hayden. to be $1,000 each for Edward and
Isaac Westphal and jackson Currans, and
5000 for Valentine. The prisoners were
then handed over to the officers, and the
court adjourned
! The prisoners received the decision of
| the court with Indifference, except Valen-
| tine, who looked somewhat disappointed.
| Edward and Isaac Westphal looked
| anxious, while Currans maintained a stolid
| appearance. although much weaker looking
| then on yesterday.
The plan of the defense, so far as could
be learned, will be to Obtain, if possible. a
change Of venue. Wm. NJ Smith, ESQ,
attorney for the Westphal's, stated to THE
ARGUS reporter that he had no fea- of the
result; that developments would occur at
the regular trial which would materially
change the phase of the case.
Tie prisoners are hard-looking cases
and seemed to be totally unconcerned
about their fate, except Valentine, who does
look ike totally depraved man.