Los Angeles herald., 1890-08-29
Those Who Made Him One
Liable TO Be Gagged.
Three of the Covina Boys Must
Stand Trial.
Strong Circumstantial Evidence
Points to Them.
Cccles, Cummins and Anon Give $500
Bail.-The Courts Remarks.-What
Maj. Hamlin Thinks.

1t being understood that the exami-
nation of Oliver Cummins, Will Potter,
George Moxley, Harry Anon, Arthur
Eccles and Will Hamlin was to come to
close yesterday, the usual contingent
from Covina and Azusa was promptly
on hand at 10 a. m., filling the township
Justices court room and the passage
leading from Spring street to Main
street. George Moxley, one of the de-
PENDANTS, testified as to his whereabouts
on the night that Bentley was covered
with tar and feathers. He said he spent
the evening OF the Sth at the residence
OF B. F. Cook, until $50, when he went
home. He had nothing to do with the
assault upon the Azusa editor. He
denied having written the note ad-
dressed to Borden. A letter written by
Moxley was introduced in evidence by
the prosecution for the purpose of COM
pairing the handwriting of the Borden
note with it. There is no trace OF a
resemblance between the two docu-
ments.
Mrs. Italia Cook, of Covina, corrobo-
rated the preceding witness as to his
whereabouts on the night of the sth.
She has daughter who frequents Fraz-
ier's school and admitted that she did
not feel friendly to Bentley, who had
published "such awful things" Her
husband, B. F. Cook, followed suit in
establishing that Moxley was at his
house on the night of the outrage.
w. l.. Hamlin, the last of the youth
full defendants, was next called to the
stand. He explained that on the 9Th in
the evening he had visited Eastman's s
store at Covina, where he met Eccles,
Cummins and Potter; their next move
was to Keims' and thence to the
melon patch. With Cummins he after
ward went toward Griswold's to remain
for the night. They were overtaken by
Will Baldridge, who gave them lift in
his buggy as far as Griswold's. He had
had nothing to do with the tarring and
feathering. The first he heard Oft was
several days after the Sth. He had told
Borden that the writing on the note
appeared similar to that OF Clyde
Eyes. Witness stated that he was not
in Clearwater cailon on a camping ex-
pedition after the Sth. He had con-
versed with other people before the
Bradley boy, but had not, to his recollec-
ton, mentioned the words: 'The day
before we played that trick"
B. F. Eastman, storekeeper and post
master at Covina,, heard the conversa-
tion upon which the prosecution lays
so much stress, at his place of business.
There were present, among others, DR..
Hostetter, Wilkins, Allison and Cum
minis. The conversation turned upon
the tarring and feathering. Some one
doubted that it had happened. Cum
minis stated that it had occurred. He
added "They say they tarred him and
sprinkled him over with feathers good. !"
Wilkins asked him: "Why don't you
say weep and Cummins answered:
"Well, we did it," The general feeling
in witness opinion was that the joke
was not so much on Bentley as it was on
the boys for getting arrested. G. Allison
had also heard the conversation. Will
kins spoke about the tarring and feath-
ering. Witness heard nothing of the
first part of the conversation, but he
heard wilkins say: "Why don't you
say we? You know you
did it and you might as
well acknowledge it," Cummins
then answered: "Well, then, we did it.
Will that suit you?" The witness was
mot prepared to say that there was any
thing jocular in the manner of these
questions and answers.
The defense now rested and offered tC
submit the case without argument, but
the deputy district attorney was not
willing to enter into such an agre ement
.Forty-two witnesses in all have beer
heard in the examination of this bucolic
tragedy.
The arguments took up nearly two
hours. In giving his decision Justice
Savage said that the fact that all Of the
defendants met at Eastman's store or
the night of the Sth, might lead to the
belief that if any of them were con
.cerned in the outrage they probably al
were.
The court, however, could not act
upon suppositions or suspicious alone
No evidence had been adduced connect
ing Potter or Hamlin with the matter
AS to Moxley, all the evidence there
was against him was the unsupported
testimony of the complaining witness
Bentley, that he had recognized Mox
ley's voice after the tar and feathers
had been applied, when the remark wa
made: "Ain't he a good looking bird p
The magistrate believed, on the othe
hand, that there was probable cause
against Eccles, Cummins and Anon
and that they would be held to answe
before the superior court in the sum 0
$500 each.
County Auditor Hamlin, who is thu
father of one of the discharged defend
ants, and who remained in attendance
during the entire time of the examina
ton. in speaking about the matter to .
HERALD reporter, after the court ha(
adiprrrned, said: 81 will admit that th'
ciil,hgnstantial evidence against th'
yohee men held to answer appear
strong, but they are not the guilty part
les. We have detective at work to fine
out who committed the outrage and
venture to say that the perpetrators O
it will be under arrest before these thre
boys are brought to trial"