New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-17
TO SCARE THE BURLINGTON
TESTIMONY IN THE DYNAMITE CASES,
ALEXANDER SMITH, THE FIREMAN WHO MADE
CONFESSION, TEsTfFYiNG AS TO THE OBJECT o.
THE EXPLOSIONS.
far TELEGRAPH TO THH rRTBrSE-l

THE EXPLOSIONS.
far TELEGRAPH TO THg rRfBrsEI
Chicago July 1s-It Is probable that tho Burlng.
ton dynamite conspIrators will have TO lace many
more prosecutions before they are hnaiy nd Oh ths
consequences of their crime A conVc"oh pnoet
Section 53j3 OF the United States Statutes, which Is
the basis for the present proceedings before OomMs
sloner Hoyne practically means thirty days ia JAIL
as even were the highest fine imposed the prisoner
could schedule out under tho state law. section
6h40 Of tho United States law, however, provides
that conviction for conspiracy to commit any crime
against the United statOs may DO punished by TWO
years In the pentcntiary. Speaking OF the apparent
lghtness OF the penalty on the pending chsFge'
Frank Collier attorney for the Burlington Company,
said
"These men will be prosecuted for every ofcncs
they have committed, both under the United states
and the State law. They be prosecuted under
Section 541O and under the state conspiracy law and
also under the State dynamite law. which IS severe.
The penalty is from FIVE to twenty five years in tbs
penitonbiary. This charge made first because
on a State charge could not subpoena witnesses
from other States, while could bring them into tile
United States Court. Once having appeared II viii
be easy to get them into a State court without a
subpoena We shall prosecute the consplratoTs
under the Dynamite act. which provides punish
mont of from two TO twenty-five years in the peni-
entiary.'
"Wouh any one knowing Of this conspiracy, yet
taking no active part in It, be culpsblo under thu
act?n
"Most certainly
"Then will you not arrest Hoge for his knowledge
Of the afaIr!'
The attorney answered the question By saying thas
he was unable to look into the future.
Had Judge Grcsham's courtroom been twice az
large it would have been too small TO accommodate
the crowd which pushed, elhowed and struggled to
get in. Probably most Of the people had come In
the hopes OF witnessing repetition OF the SENSATIONAL
developments Of Saturday, but they were dsappoint-
ed. Alexander Smith testified, but his testimony
was mainly coToborative Of the opening address Oh
the District Attorney. and there were few little spats
between counsel but these lacked the fire OK former
sessions. Once in awhile Mr.. David would silence
the District Attorney by some such blasting shaft as:
"Oh come Off. What's tho use talking TO Your
But generally thor alterations consisted OF mid,
soft words of disagreement accompanied by concila-
tory smiles and gestures
At 10 20 O'clock all the participants being in their
places the Commissioner opened the court Tho
defence asked that all OF kely's testi-
mony relating to Bowles be stricken out. inasmuch
as 1t affected neither the guilt nor innocence
Of the rest but Commissioner Ioyne thought IT could
remain without prcjudcing his mind Smith then
told how he met Bowlcs and went with him when no
put tho first dynamite cartridge OH The Burlington
track and then of his conversations with Baucreisen.
and Godding and Of his putting dynamite on the track
Smith had been fireman the road for four years!
Referring TO the time BOwles and he put dynamite
on the track, Smith testified:
Ono morning Bowles said to me. Il guess we
will GO and take a ride lie said: We will 60 and
give them little SCARE He said that Bauereisen
was willing VIC should 60. lie vert and got buggy.
had never seen dynamite until be showed it 10 me!
He got a horse and buggy and we started about y
O'Clock in the evening When we got near the bridge
I'm Fox-st. We to UnlOn-st., and passed tho
fair grounds, he showed a stick Of the dynamite
with paper around It, and then showed ne some
caps. Then he wanted me to take them and would
not do It, On the way out he cut a stick from
tree and Whitfield a sharp point on II TO bore hoe
through the end of the cartridge TO put the cap In
He showed me copper caps. We drove over The uach
some sixty rods and he went back and put tie
dynamite on the track. / stayed I'm the buggy, and he
came back and told me what be had done: when We
got back mile and half VIC heard the dynamite
60 off, go
The witness then went with his story showing
how Baueresen had sent him after package OK
dynamite cartridges day two after the nrst eX-
pertinent and how Baueresen sent him on the nlght
Of June II 10 put more dynamite on the track.
so as TO give the Burlington people another scare
Smith also told how he had been sent 10 bring the
dynamite which found In the possession OF tho
defrndautS when arrested II > testimony was not
shaken on the crOss-eNamnation