The record-union., 1891-11-07

CROWDED again THIS morning Wueu tIe
preliminary examination Of Al and JEFF
Roberts, who are accused of wrecking the
West-bound overland train, near Colfax
last month, was commenced. During
the afternoon session about two dozen
school teachers, who are attending the
institute meeting here, filed into court in
answer to a fictitious subpoena issue by
a facetious court.attache. They took con-
siderable interest in the proceedings, but
most of their attention was directed to
the two defendants.
GETTING USED TO IT.
The Roberts brothers have by this time
become accustomed to being stared at,
and have lost the nervousness that char
acterized their demeanor when the ex-
animation commenced. They appeared
to-day to rather enjoy the attention and
the remarks of the spectators. They are
accompanied in court every day by their
aged and heart-broken father and mother.
The prosecution consumed another
whole day in presenting its chain of cir
cumstantial evidence against the prison
ers, and did not conclude. 1t IS thought
that all of tomorrow viii be consumed
also, the defense opening Monday.
The first of the several confessions
made by the prisoners were introduced
to-day, and the testimony of the detec-
tives was commenced. Sensational de-
yelopments have been looked for right
along when this branch Of the case was
reached, and that which was put in to-day
proved quite interesting.
MORE EVIDENCE.
Justice Gwynn convened court at 9 A.
NJ, and j. r. Brees was recalled to the
witness stand by the defense for further
cross examination. He was away from
home most of the week after the wreck.
He was home Tuesday and Thursday
evenings.
did you see your wife making any
memoranda Of conversations she had had
with the Roberts brothers, or did she
ever tell you of any such conversations ?"
The prosecution objected, but the court
allowed the question.
Brees replied that he saw no memo
randa, nor did his wife tell him of the
conversations. 1t was shown, however
Roberts brothers until the next day after
the husband had LETT home, and gone to
work at Clipper Gap.
w. l.. Nicholson, q Pullman car con-
ductor, was then put on the stand by the
prosecution. He was on the sleeper
Shoshone, in the train that was wrecked
This was the car in front OF the Santa Cruz
WAS
doing at the time, but awakened imme-
diately when the Shoshone left the track
When the train stopped witness went
outside. When he noticed the Santa Cruz
in the ditch, he saw that Brakeman Nor
rill was down there. Morrill, was calling
out for an AK, and the witness took one
from the porter'S room on the Shoshone
and ran down the bank with it. He held
a lantern while Morrill, broke in the door
with the ak. They then went inside and
began helping the passengers out.
ROBERTS STORY ATTACKED.
''How long do you think it was after
the wreck that Morrill, and you got into
the sleeper" asked Mr.. Jones, whose in
tention was to show that Roberts must
have been waiting at the foot of the bank
10 rob the wrecked cars.
1T was certainly not longer than four
minutes" F" replied the witness.
} Al Roberts was. according to the story
OF brakeman Morrill,, inside the sleeper
when he (MorrilD got inside, and when
asked how he got there so soon, said
that he had heard the crash from his
home, three-quarters Of mile away, and
had dressed himself and come over.
Did you hear Morrill, speak to any-
body after you got inside?" asked Mr..
Jones.
"Yes,'' said Nicholson. "He spoke to
somebody whom l did not know. He
said to him, How did you get here so
soon? !? or something like that Shortly
after this Morrill, told me that [ had bet
ter not let anybody come inside unless L
knew who they WERE"
Q. Dibble. reporter of the Colfax Se7ati-
net, was the prosecutions next witness.
He knew the Roberts brothers well. Two
or three days after the wreck jeff Roberts
told the witness that he could lay his
hands on the wreckers.
shortly after the arrest of the Roberts
boys" continued Mr.. Dibble. "Al Rob-
erts made a statement regarding the
wreck. 1t was made TO Mr.. Dyer, and
was purely voluntary. l took the state
ment down In writing. No inducements
were held out to him.
DYER DENIES IT.
The attorneys for the defense inter
rupted the examination at this point, and
asked that Mr.. Dyer be placed on the
stand, to be questioned as TO whether or
no the offered Roberts any inducements to
make the statement.
The prosecution objected, and an argu-
ment followed. The court overruled the
objection, and Dyer was called.
Attorney futile was questioning the
constable as to how often he rode on the
railroad on passes, when the prosecution
objected again, and this time the court
sustained the objection. He was then
talked with Al, and told the latter that
he would divide with him if he would as
sist III catching the wreckers. Another
objection was overruled, and Over re-
piled that no such conversation took
place. The constable said that he re-
celVed telegram from Roberts stating
that he had information for him. They
had talk at CollaN at Dyer's house, but
no inducements were held out to Roberts.
II was the day before the arrest of the
brothers that this took place. The states
ment referred to by Dibble was made
after the arrest.
The prosecution objected to further
questioning of Dyer. Mr.. Jones said that
the statement made by Al Roberts to
Dyer and Dibble was not in the nature of
a confession.
The defense did not propose to let the
statement in if they could help it, and
fought it bitterly for some time Then
they gave way and allowed the statement
TO 60 in.
AL ROBERTS CONFESSION.
Witness Dibble was replaced on the
stand and proceeded to read the state
ment made by Al Roberts. 1t was sub
stanially as follows:
ION Thursday morning jeff asked me
if L wanted to make some money. He
did not tell me how. jeff then went 10
Joe Campbell and asked him if he wanted
10 go III, 100. CampDelI acted as II he
would. On Thursday, before the wreck.
JEFF came into our blacksmith-shop. He
had a bar on his shoulder. / asked what
he was going to do, and he said he was go
ing TO make something. He had drill,
TOO. The next morning l looked into
the shop, but these tools were gone. On
Sunday, the day before the wreck, saw
JEFF and two Indians standing talking
on the track. That night when / went to
bed JET was not there. / went to sleep
and was awakened by the crash of the
~wleck. | looked out of the window. but
could not see anything. Going out into
the hanL. z.arl ] Ii tL:..