The daily Argus., 1876-08-12
THE ATKINSON TR
ERS!
CONTINUATION OF THE EvI-
DENCE--"GEN" MARION OGDEN
HELD IN 81, 500 BONDS!
He says he will meet his Prosecutors
ION the Champion Hills and
Don't You Forget it--By Cdr


a complete synopsis of the testimony be-
fore Justices Hunter and Macarthur, in
Atkinson. up to Wednesday night, at the
examination of Gen" Marion Ogden and
James McNamee, for the wrecking ofthe
c. r. |. & 7. 3. L. passenger train at
that place on the night of July 18th.
On Thursday morning the cross exam
ination of the Gen, continued, but moth
ing new was elected, except that he was,
by his own testimony, thief, gambler and
dead beat; that he had worked on the rail
road and had often repaired switches, and
knew exactly how they were constructed.
He was followed by Zach Hull who cor
roborated the testimony of Hobart Drake
in every essential point, and was in fact
very good witness for the prosecution.
VIM. Odgen, younger brother of the
"Gen." was then called, He had been in
the crowd that was drinking beer back of
J. NJ. Browns Office but he did not hear
the Gen" say to Hobe Drake, Don't
squeal. Boss, but if the truth is known, [ M
the man who done it''-but he acknowl-
egded that this remark might have been
made and he not hear it, as he was sitting
about 10 feet from the two, and all had
been drinking beer freely. He said he
had stolen keg of wine from the depot
there; had been arrested for stealing a
revolver, and also for forging a note,
Luther Hull testified as to being in the
crowd drinking on the night of the acci-
dent, but his testimony was unlmportant
David and James Wisely testified to
hearing a noise on the railroad track on
the night of the accident, but they did
not hear the train run off. They live a
short distance east Of Ogden's house and
near the railroad,
Noyes Alger, brother -in-law of Bailey
Ogden, testified that Hobart Drake had
made the remark to Joseph Gray and
Isaac Burnett that "he had been trying
for a year to get the Ogdens into a scrape. !"
Messrs. Gray and Burnett were called
and they both testified that Drake had
never made a remark like that to them,
but that he had said that he was coming
to Rock Island and would tell Charley
Stowell, the detective, the whole truth in
regard to the matter.
j. NJ. Brown testified to seeing Hobart
Drake and Bailey Ogden in Ed. Everett s
drug store on the day of the arrest, and
said they we're talking there. Hobart
Drake had said that Bailey had advised
him to skip while in conversation in
that store on that day, but Bailey denied
the statement.
Herbert Boomer testified as to having a
tramp in his employ whom Marion Ogden
cY11r taI oE haN, h l.
the train. He said he did not believe the
man done it, and thought he was very
faithful workman and good fellow"
Tim Sammons, clerk in Ed. Everett S
drug store, testified as to Bailey Ogden
and Hobart Drake being IN the store on
the day of the arrest, in conversation In
reply to question from Mr. Stipp.
attorney for the defence, he said he did
not believe in any church, but supposed
there was God, and that if he lied he
would have to be accountable after death.
Albert Clifton testified to seeing Marion
Ogden at the scene of the wreck and on
the next night offered to bet that he would
be arrested for the offense.
This finished the evidence in the case.
but james McNamee then arose and said
that he wished to make statement, and
proceeded to say that he had been around
drinking with the boys" on the night OF
the accident and that when the crowd dis
persed Ogden and himself were together.
as he had been invited to stay all night
with Ogden. They were near the railroad
and near Ogden's house. Ogden then
said he could not accommodate him as he
slept on a lounge, and there was not room
for two persons Then be said, do you
hear that clicking down there on the rail.
road? Il said yes but, gentlemen,
did not hear anything, but simply said yes
for no reason at ali. He then left
Ogden and did not see him again until the
next morning, when he said to him, Gen
eral, | heard her go off just as | got to
Jack English's barn." He said that
whenever ne met Ogden he Ogden
always post him mot to forget that click
ing we heard that night, for il | go to the
penitentiary yon go with me-and don't
you forgetl by G-dm
The testimony was all in by 2 o'clock
yesterday afternoon and then P, r. Nc
Elherne Esq, opened the case for the peo-
Iple and made very strong argument,
continuing until 5 O'Clock. Then Mr..
Shpp, attorney for Ogden, spoke until 6, 80
when the court adjourned for supper. At
80 he commenced speaking again and
closed at $50. Then Maj. j. NJ, Boards
ley made rousing address closing about
IL, 30.
Marion Ogden was held in 81, 800 bonds
for his appearance at Cambridge at the
next term Of circuit court.
He was brought to this city last night
in charge of Deputy Sheriff Silvis and
Constable Milar When he found that he
had not been acquitted he was perfectly
wild and used very abusive language to-
ward the officers and court, and while be-
ing brought to this city he shook his
shackled hands in the face of those present
and said, I'll meet you on the Grampion
Hills-and don't ycu forget it-by Cd"
an expression, by the way. he is in the
habit Of making, and when he means to be
even with somebody whom he thinks
has done him an injury.
lie was taken back to- Atkinson this
morning, where he will try to procure
bail. Ii he does not succeed he will be
confined in Jail at Cambridge.
The penalty provided by law for the
crime with which this man is charged, is
altogether inadequate. A man may be
hung in this state for arson-the firing of
an occupied building; but for attempting
to throw train from its track, even when
it results in injury less than death to per-
sons, the penalty is only three to ten years
imprlsonmsut-and surely this is worse
crime than arson. Some new legislation is
needed 'in this state TO more severely
punish those who wreck trains and send
Innocent persons to premature graves by a
violent death