The record-union., 1891-11-05
Jeff. and Al. Roberts Under Exam
ination at Auburn.
Testimony of Witnesses Who saw One
of the Roberts Brothers at the
Wrecked Sleeper.
AUnuRN. November 4. 1891.

month.
1t will be remembered that an attempt
was made week ago to have this ex-
animation at Colfax, but as Justice
Stevens ruled that the men could be ex-
amined separately, if they desired, Dis
Grict Attorney Kelly Robinson dismissed
the case. The Roberts brothers were re-
arrested, however. and taken to Auburn.
Here
THE JUSTICE WAS NANDAMUsED
In the Superior Court by the defense,
who desired to compel him to grant
charge Of venue on the ground of preju-
dice. Superior Judge J. Z. Prewett gave
his decision in this case yesterday, and
denied the writ of mandate. lie also
took occasion to rule that the District At
5orney had taken a proper stand in de-
manding joint examination.
Both defendants were in court this
morning looking somewhat nervous and
frightened at the attention that was be-
slowed upon them. They were accom-
panied by their mother and father, very
respectable appearing couple. Their at
torneys were there, too, Messrs. Fred
Tuttle and Lee Chamberlain. both of this
place.
District Attorney Robinson was as
sisted in the prosecution by Charles i.
Jones of Sacramento, e. l.. Craig of San
Francisco and Ben f. Tabor Of this place.
Warren h. Doane was sworn by Justice
Gwynn to act as official stenographer.
1t was expected that the defense would
interpose some obstacle that would pre-
vent the hearing of the case Immediately,
out this proved not to be the case, as they
were as willing to proceed as was the
prosecution.
Both sides answered that they were
ready to go ahead, but both pleaded that
some Of their witnesses had not yet az
rived. Attorney Tuttle of the defense
stated that one Of his witnesses was sick
IN bed, and his deposition would prob
ably have to be taken; another of his wit
nesses, a lady, had absolutely refused to
obey the subpoena, so a bench warrant
was issued for her arrest and an officer
sent after her.
THE TESTIMONY.
The first witness put upon the witness
stand by the prosecution was Angelo
Genoffi, track walker, whose district is
IN the vicinity of the late wreck. On sun
day morning before the wreck, he said,
ne walked over the track and it was in
good condition. On Monday he went up
on an engine to the place where the wreck
occurred. 1t was in quite different state
then.
On ross-examination Genoffi said that
ne had been in the employ of the railroad
company as track-walker for five years.
His duties were to examine carefully the
track in his district. He carried a ham
mer, wrench and two flags with him.
When he found loose bolts on the track
ne always tightened them with his
wrench. He thought that on the Friday
before the wreck he tightened some bolts
Just where the wreck occurred. Some
Eimes on curves the bolts need tightening
almost daily. Nut-locks were used on
all the bolts. He said that it usually took
hIm seven hours to make half Of his
trip-that is, he walked up the full length
Of his district, and in the afternoon came
down again. On the day of the wreck he
examined the curve where the train went
over, and it was all right-the bolts were
all tight.
KEPT A CLOSE WATCH.
On redirect examination the witness
explained that he did not have to tighten
bolts every day, but examined them
every day. When new steel rails were
put into track the bolts securing them
would work loose for about three months
After that they became tight, and seldom
needed attention afterward. The rails
where the wreck occurred had been in
position for three years or more.
The witness described the condition of
the track after the wreck, in answer to
questions from Mr.. Chamberlain. The
spikes had been drawn from the outer
rail in seven places from seven ties. The
angle plate had been unbolted and re-
moved, and was wedged under the loosen
ed rail, so as to keep it from swinging
back into position again.
Edward Cashin, section foreman Of the
railroad, and stationed at New England
Mills, was the next witness. He said he
had been in that business for twenty-five
years. His duties were to keep the track
in his section in repair. The track
walkers under him reported to him daily.
Witness usually went over the track
daily, too.
'I was on the train that was wrecked" )"
said Mr.. Cashin. THAT was on the
morning of the 18th of October. The
train was No. 4. l was riding in the
smoker. Train No. 8 had passed over
ahead of us about three-quarters of an
hour before the wreck. We had inst
reached point about two miles below
ColfaX, when the violent jarring of the
car made me realize that we were off the
track. The conductor, brakeman and
myself jumped for the bell rope at the
same time When we had stopped ! re-
quested a brakeman named Mcbride to
accompany me up the track. He
HAD a LANTERN
And l had none. When we found the
Ioosened rail, and had examined it, /
knew right away that it had been tam
pered with, and that somebody had been
trying to wreck the train. The angle
plates had been taken off, the outer rail
pried over and outward toward the bank,
and one of the angle plates wedged be-
meath it, so as to hold it in that position
The sleeper Santa Cruz was down atthe
foot of the bank and several other cars
mad left the track;
The witness said that the outer rail was
IuSt the one for q wrecker to choose, as
the cars and engine always hugged the
outer rail in going around curve. In
rl-,vs 4 b-o4
drawn from eight of the ties outside of the
rail, and they were left lying on the ties.
One ofthem had been placed underneath
The looSened rail.
The angle plates and bolts taken from
the tampereds track were produced in
court and identified by the witness. He
described, by arranging the plates and
OoltS on the floor, how he found the track
after the wreck He declared that ii
would be absurd TO think that the rail
and angle plates could have broken loose
Of their own accord, or by train passing
over them. In all his experience he
never knew Of eight spikes pulling up
out of the ties of their own accord. The
BOLTS on an average track needed tight
aniug about once month. Witness said
that he had ridden over the track on
train No. 3, going East, before the wreck.
If there had been even a low rail there he
would have noticed it by the jar of the
cars.
ROBERTS HAD THE BAR.
Il met 81 Roberts at the scene of the
wreck on the day that he was arrested, y
said Cashin. Il was talking to him. and
said that il was too bad we could not find
5he claw-bar with which the rail had
been loosened. We knew it had been
done with one of these instruments, be-
cause we found a piece of one of the
claws that had been broken from it.
Roberts told me that he had found the
claw bar, and had hidden it under some