The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1889-08-09
THE TRAIN wnEcKrns TRIAL.

| The case OF Herbert and Fred Rolie and
w a llIll charged With wreeking the y 7
traIn on Sunday evening near this city.
cnne up for preliminary examination IN
Justice Humphreys court On Arg. ~;
the accused being repfesentcd by Judge
Whitney, and the State appearing by II II
Hewitt, District Attorres and Mr. North.
rup, of Portland.
The defendants waived Examination and
asked The court 10 M ke an order that
they be admitted TO ba !. The court reius.
cd 10 allow the defendants 10 waive ex-
animation stating that II the parties were
guilty they should he In jail aud II not they
should be allowed their liberty.
Dr. w II Davis was called and testified
US to The defendants calling on him for
professional service Sunday. Next saw
I'm Monday moi ming, who had lame
wrist and wanted treatment. The Dr's
testimony was substantially as heretofore
published.
Mr. Declark testified that he Wis on the
train when |, was wrecked. lack Miller
was badly burned and died mex, day. lie
examined the switch after tic accident
The pin was out and nut removed. Search
has beer made and the pin has not been
found. The switch was locked after the
accident Removing the pin would not
affect the switch except as toone rail rhe
result OF removing pin would he the wreck
that occurred.
Thos froman testified, am acquainted
with defendants. Have been In Fosters
and my employ for ten days Left my
place sunday Mt ; o'clock TO go 10 town.
Had conversation with Hlll Wednesday
morning about wreck. llill told me that
there was man In my employ who eaus.
ed the wreck. llill said they took the pin
out ard removed the rod and put stone
between the rails. lie aud Fred Rolf went
on aud told Herbert Ia come on. Herbert
came on and said he had n pin of ,hs $ r.
They told him to throw the pin away
which he did. illll's arm was not hurt
when he left my place Sunday. Fred told
the he krew nothing about the wreck IIll.
said II WAS Bert that removed the pin. Hlli
said thai they asked 10 ride on the Leb.
non train but they were not allowed 10 do
so.
Morgan Richardson testIiied that he be.
came acquainted with dei,s. week ago.
Saw them just before they started TO Al
banv They returned about nine o'clock.
Slept with hiii Sunday night. Know moth.
Ing about his getting his arm hurt that
night. lie waa uneasy and restless all night.
Did not know his arm waa hurt until we
went To work next morning. Don't ihiak
heard any Of tho boys cay anything about
the wreck. Had worked for Ffoman and
Foster = days. I'm did not complain OF his
arm when he returned from Albany. Leb.
anon engine passed is or 10 minutes be-
fore the boys returned. Froman's house IL
two aud half miles from tho wreck.
ID u Mon.eiih ,e.tIlied that he l. not ac-
quainted With def,a. Told tiill to tell me
all abopl the matter. Tell the truth. Fred
told me he knew nothing about the cause
OF the wreck arrested iiill lie said he
hated 10 Civ. the boys away. The younger
Roll talked something about breaking the
lock OF the switch. He took the pin out
and removed the rod Hili said he hurt
his arm by rolling oa IL. Talked With Young
Rolf bat he denied everything Hewitt,
Hoffman, Iiurkhart and went 10 the jail
and talked with Roll. Rolf sald Hiil took
the key OF pin about hall out aud he. Roll,
took Il and carried II on up the track.
c g Iiurkhart testified tina, he arrested
Herbert. Told him what the arrest was
for Herbert sad he knew nothing about
the wreck. Said they stopped and crack.
cd hazel nuts on the switch. Talked with
him last evening. Said he had nothing TO
do with the wreck. After isminutes talk
Mon,eiih told him that bia statement and
ilie other deits. did not agree. Herbert then
told all about II. HIll looked at the lock
and said they could not break 1t. Hill took
the pin patty out. He, Herbert. took Il ont
and carried II and threw II away. lie said
there was rock dropped between the rails
bu, he did not know who did u.
Mr. Ed Huston conductor testified that he
saw defendants iIsi Sunday night at depot.
Young Rolfc asked TO ride TO FToman'S on the
engine. Left depot al 9 oS. Switch would
not work and the brakeman and ] examined Il
and removed stone. We saw nothing wrong
except the stone. Talked with defendants
about $50 TO $40, Passed over switch al 9:io.
ThoS Hogan fireman testified that he passed
over Lebanon branch Sunday evening and
Monday morning. The state here rested and
defendants announced that they had no witness.
c..
After briefarguments by counsel, the dei'h
we're held TO await the action OF the grand juiyl
on the charge Of Murder, without nail.