The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1889-11-08


the examination. Conversation wss had
In the presence Of Hewitt, Menteith. and
myself. Told Hill II he made staten ens
10 me Il must be voluntary. Hill said he
and the two Rolfe boys were In town Sum
day evening and they went TO depot and
asked 10 ride on engine bui was refused
They went on 10 the switch. Oldest RoIfe
boy put stone In the rails. lie aaid he
was an engineer and took the key partly
out and the younger Role teok Il out. The
older Roife boy and he(Iiiil) vent on and
afterwards called to young Rolfe TO come
on as he might get Into trouble. Young
Kolle came running on and said that he
had part Of the Seuthein Pacific prop.
ert aud showed the key. fIll aud the elder
Rolls told him 10 throw II away AZ II
would get him into trouble. lie threw Il
awes. d B Montellh arrested Hill and
Burkhart and the city marshal arrested
the ROLES. siiill appeared perfectly will.
Ing TO make hla statement. Monteith told.
lilll who was and me who Hill was.
Morgan Richardson. Was employed
7sth oi July at Mr. Froman's. Know Hill.
Saw Hill Sunday inornlng and SUNDAY
evening Slept with him that night In the
barn. Did not see him retsfrn, / went h.
bed aftsr nine, Engine went along befo,e
went 70 bed. Rolls boys returned Ne.
fore | went 10 bed. RoIfe boys came In
IS or 20 minutes after the train passed.
Saw nothing peculiar In MIR llili excepl
that he was restless. Heard him eroaa
and roll around IN the night. Had som
difficulty In keeping the covers on me
lie rolled away from me. Heard him say
the next day that he had hurt his arm.
He did not tell me how he had got II hurt.
He did not aay anything about getting his
leg hurt. Saw nothing unusual about the
Rolfe boys when they came Ia. Had not
seen the Role boys before they began
work for Frotnan. Knew nothing about
hIs arm being hurt until next morning.
He had II tied up next morning. Have no
Idea who tampered with the switch. Never
heard him complain OF his arm before that.
w ] Murray testified ~ follows Re.
eide 1T Albany. Wss at work for Mr. Fro
man July 1s. Saw Mr. Hlll. dett, Ia the
evening OF that day. lie came Into barn.
Said ne had boil on hls eye and that Il
hurt. Asked him In the night what was The
matter. Said next morning that his wrist
was sore and did net think he could work,
He came iato the barn about IS or 40
minutes alter ths train passed. Il would
take about I n hours to walk from depot
10 Froman's. Saw polhing unusual IN the
actions OF ROLES aud Hill whsn they came
IN. Saw nothing unusual In the actions of
HIN and Rolfes next morning. Il was not
entirely dark when the beys came IN sun
day evening
Eugene Randall testified a. follows !:
Reside In Marion county. Was working
Tor Mr Froman on the ssth Of July. Saw
Hili Ia the evening Of that day after Q
o'clock In the evening. He came 10 Fro
mans barn. Boys eane In 10 minutes after
the train passed. Saw nothing out Of the
way with Hill next morning, except that
he said he had a sore arm Hiil eaid he
turned over on a.. Nothing unusual In the
actions of IIill and the Rolfes that even.
Ing. Knew the ROLES about two months
prior 70 that Nothing unuKualtn the con.
duct of the Rolies on Monday, Tuesday OF
Wednesday up 10 the time Of their arrest.
liill did not appear unusual on Monday,
Tuesday or Wednesday except that HE arm
was core. Slept In the barn tina. lin slept
In.
James Foster. Live with my father about
miles from Albany. Know HIIl. Remem.
Der the wreck. after the wreck said hls
arm and leg were sore. lie said his arm
was broken. lie told me 50 on Monday.
Hill said he hurt hls Lex on the engine.
ID u Montelih. Resided Ia Albany since
1857. Remember about the wreck. Saw
HUI titst on Monday. Next saw him Wed.
nesday noon. Had warrant and arrested
him. liiil was asleep In hammock. Told
him had = warrant. Helped HIN up. Left
arm was hurt. lie said this was In eonnec
ton with train wreck. Got lnto my buggy.
lie said he hated to give the boys away. l
told him that Il was better isF him 10 tell
all about e.
Statement made te Montclth By Hlll
was tken ruled out as Incompetent.
Thomas Froman recalled. said this
train wreck matter laid bct ween the three
because they the (thIesl had not seen
Green. Murray, Green and Randall we're
all IN town also. Green did not come back
until Monday. Randall, aud Murray came
back absHt sundown. The boys slI came
to iown aioos. Ny place Is abou, two miles
from the switch
Al this poiat the court accompanied By
the jary. baiiiffs, counsel aud reporters re.
paired 20 the switch 10 view the circutn-
stances OF the wreck.
EVENING sEastos.
z Randall recalled, testified a. folio ~
HUI told nc he ran against banIsser In
the Dr's Office and hurt hla leg.
Mrs r Thompson Have seen Mr HIll.
he came into the possoslice and ssksi for
his mall. lie vas shaking and asked him
what was the matter and he said he had
broken hts arm. Said he was running and
fell down. Nothing Ia his manner peen-
mar except that he was shaking Ike he had
the agEe.
State rests.
Jack Hundley, called for the defense, tea
tihed ~ follows Am acquainted with deft
aimee June 9Th. Worked with him on brick
yard OF casseil. HUI complained Of rheu-
matism In his arm, ,Ieg and sIde sometimes
30 that he could not work. Saw him Sum
day evening July IS at o'clock. He was
not drunk. Saw him same evening al de-
pot a. about IS minutes past 8. He started
down the road south with the two young
men that were with him earlier In the
evening. II was light enough for me 70 see
him across the railroad track. Not sure
about the time I saw him. There were no
lights aboutthe depot. Don't know wheth.
sr there was any light in the Lebanon en-
gine or not. Hill was 10 or 20 feet from
me. had ne conversation with Hin at de.
pot. Knew dili 10 lay off from work on
account Of rheuEiatissn. Saw him but few
minutes at the depot. Don't remember
whether slept with Hlll at brick yard.
Ubbe Peters. Was eating oats near the
switch when the wreck happened. Leban-
on engine was a mile towards Lebanon
from the switch when the wreck occurred.
Only few minutes from the time the
Lebanon engine left switch until the wreck
occurred. Could not see whether there
was car attached to engine or not. ! live
on Mrs Walter Monteith's farm y miles
south of town. Was unhitching my team
when the engine passed. My house is about
so yards from the switch. Would take me
IS minutes to walk around my ost patch.
Mr. Douglas. Have been acquainted
with him months. Knew him In Kansas
and here. He was afflicted with rheuma-
tism. Had 10 stop work several times on
account OF It. He was uneasy and restless
Of nights when he had rieurnatism.
Mrs II r Douglas. Have been acquaint-
ed with def about s menths. He often
complained Of rheumatism. Complained ol
Il on the road from Kansas. Hill was a
my house July seth. Said his arm wal
bruised Said he had been taking 70 much
chloroform that he was drunk. He looked
very bad. On Wednesday morning he did
not seem In his right mind at all, Becatn,
ACQUAINTED with Hill In Kansas. Do no
know that he had any trouble In gettip5
! tnto the h,1o0y On "Wednesday he com