The record-union., 1891-10-27
TRAIN WRECKERS RELEASED.
Sudden Termination of the Roberts
Brothers Examination.
They Are Arrested Again, However
and Taken to Auburn-A
Lengthy Legal Tilt.


1t was the day set for beginning the
preliminary examination of Alf. and jeff
Roberts, the men who are believed to have
wrecked the overland train near that
town recently.
a RECoRD-UN reporter went TO Col
fax to attend the hearing and there was
quite number of detectives, railroad at
taches, constables, sheriffs and witnesses
there, to say nothing of the throng OF Col
fax citizens who were curious to hear the
testimony. Justice Amos Stevens court
room was entirely too small to accommo-
date the people, so the tribunal was
moved over to Keck's Hall, near the de-
pot.
DUPLICATING THE WORK.
Prior to the convening of court Divis-
ion Roadmaster Thomas Ahern and De-
tective True took District Attorney A.
x. Robinson of Placer county, Charles
T.Jones ofSacramento. special counsel for
the railroad company, Warren Doane the
RECORD-U MON reporter and several
others up the road a distance and gave
them practical demonstration of how a
rail can be taken up and twisted tas was
the case in the recent wreck by one man.
It was also his idea to show that it was
an easy matter to accomplish the task in
a very few minutes. 4 strip of track was
chosen that was almost an exact counter
part of that where the wreck occurred. a
section-hand armed with wrench, claw
bar and crOwbar was summoned, and at
Mr.. Ahern's solicitation proceeded to re-
move the fish plates and loosen the out
side rail. He accomplished the task easily
in seven minutes, and left the track in
exactly the same condition as the wreck
ers left it-as was shown by comparing it
with photographs of the scene Of the
wreck.
IN COURT,
The examination ofthe Roberts brothers
commenced at 10 o'clock-that is, what
was intended to be the examination.
Both of tho Roberts boys were there, and
appeared quite unconcerned. They had
secured able counsel in the persons Of ex-
District Attorney Fred. p. Tuttle and L.
j.. Chamberlain of Auburn. Messrs.
Jones and Robinson appeared for the
prosecution.
The prosecution announced itselfready.
Mr. Tuttle, on behalf of the defense,
stated that two of his witnesses were alb
sent, and he asked that should they not
appear the case would be continued un-
til they arrived.
District Attorney Robinson said he had
no objection, and the court consented.
Mr.. Tuttle then asked that the Roberts
brothers be examined separately instead
of jointly, as was originally intended.
Then there was trouble.
Messrs. Robinson and Jones objected.
Mr.. Jones argued the point, and main
tanned that as the men were Jointly
charged they should be examined jointly.
1t would be different matter when the
real trial came off. Mr.. Jones said
separate examinations would only cause
unnecessary delay, and no good would
be accomplished.
Attorney Chamberlain argued that
separate examinations should be had. If
the defendants were entitled to separate
trials in the Superior Court they were
certainly entitled to the same privilege
In the lower court. 1t was a notorious
fact, he said, that testimony would be
introduced by the prosecution that would
be applicable to one of the defendants
and not to the other. Mr.. puttle added
some more points to his associates argu-
nent.
LEGAL BATTLING.
District Attorney Robinson was on his
feet again, and quite a heated debate fol-
lowed, the District Attorney and Mr..
chamberlain riling up considerably.
over half an hour was consumed in the
debate. The matter was finally submit
ted, and Justice stevens said he could see
no objection to granting the defendants
separate examinations. He said he
thought that the very gravity Of the
Otfense charged was sufficient to satisfy
him that this ruling should be made. He
LucISlOib IhdCt an OIueI 10 lfldI enGCl-
Inc prosecution considered this a
heavy blow to their side. District Attor-
ney Robinson became considerably eX-
cited, and declared that it would be abso-
lutely impossible for them to make any
Kind of an examination if the men were
examined separately. He wanted to ar
que the case again. but the court was
stubborn. Mr.. Robinson then wanted
to consult with his colleague and with the
detectives, so recess of fifteen minutes
was taken.
AN OBDURATE COURT.
After firing up fresh cigar, and chew
ing it savagely, Mr. Robinson declared
that he knew the court was wrong, and
would dismiss the case before he would
go ahead with separate examinations. He
would take the matter some place else.
Mr.. Robinson cornered Judge Stevens.
who was himself trying to dispose of n
large cigar, and pleaded with him to give
the prosecution a chance. we will have
10 give il up otherwise" he said. I'VE can
make out clear case and go to the bot
tom oft, II allowed joint examination,
but If denied it don't see how we can go
on. Give us chance-give US only JUS
tioe.'
The Colfax Justice pufIed his cigar me-
chanlcally, but deigned no reply TO the
county prosecutors pieadings.
When court was called to order again
District Attorney Robinson made an
ether appeal to his honor for a Joint ex-
animation. AN examination - he said.
lis similar in its nature 10 a Grand Jury
investigation, wherein the prosecution is
given full scope. appeal TO your honor
10 reconsider your ruling"
Attorney Jones also argued in the same
strain. There was no reason for separ-
ate examination, he said, while there was
every reason in the world why there
should be no separate hearings.
Mr.. Iuttie. for the defense. replied that
the court had made correct ruling and
should stand by it.
NOT PROVIDED FOR.
The statutes were overhauled, bat nc
provision could be found that would
cover the case. The law was found to be
Vague on the subject.
The District Attorney pleaded for econ
omy, too. He said that separate exam
inations would entail great expense upon
1he county. The county was poor
enough, and the Supervisors were cudge.
ling their brains in order to make both
ends meet.
Mr.. Chamberlain, in replying, re-
marked sarcastically that Mir. Robinson
was talking for the gallery in making
his points for economy.
ADother hour had been consumed in
argument before the matter was again
submitted TO the court
Judge Stevens said laconically: "The
court will adhere to its ruling"
Mr.. Robinson arose looking pale but
determined. IF the court please" hC
said, 'we now desire 20 make a motion
that this prosecution and complaint be-
dismissed as against these defendants
and that they be discharged"
Ihis created genuine sensation.
The defendants and their attorneys
smiled, and several of their friends con.
rot u q fln4 Anr