The record-union., 1891-11-10
MR. AND MRS. ROBERTS.
They Testify in the Colfax Train
Wrecking Case.
The Former Claims That His Son, Al,
Has Acted Queer1y the Past Year
Interesting Testimony.

AUBURN, Nov. 9.-The examination of
the Roberts brothers, charged with
wrecking the overland train, short dis
tance below ColfaX, was continued this
morning before Justice Gwynn. Hereto
fore the proceedings have been held in
the Superior Courtroom, but as to-daysis
law and probate day in Auburn, the
courtroom could not be used as a Justices
Court. Accordingly, the session was
held in new hall adjoining the opera
house which is being built Chairs were
arranged about the hall for the specta-
tors, and there were quite number
present, including a dozen or more
ladies.
Attorneys Tuttle and Chamberlain for
the defense were seated at a table TO the
left ofthe Judge and back of them were
circled the Roberts family-mother,
father and two sons. When the boys ar
rived at the door Of the room in charge of
the officer the mother met and kissed
them, and calling jeff aside she took a
new necktie out OF her pocket and tied 1t
on his collar.
Attorneys Jones, Craig, Robinson and
Tabor for the prosecution were seated at
a table TO the right OF Justice Gwynn.
Miss Mabel IngersolI, the young lady
eioped, was present during portion Of
the time in the morning, but left before
the noon recess.
Constable Dyer opened court with hi
Hear ye," etc, anGWeAttCrney Tuttle
rose TO ask the privilege of taking the tes-
timony of an Indian for the defense. He
said the Indian desired to return to his
home and he would like to have his testi-
mony Immediately, if the prosecution
would consent.
THE INDIAN TESTIFIES.
There was no objection, and Quinsede
Shidan, a member Of the Digger tribe,
was placed on the witness stand. He is
one of the two Indians whom Al Roberts
accused of being the wreckerS.
The Indian, who was very intelligent,
said he was acquainted with the Roberts
boys and he met Jeff in Colfax the night
a minstrel troupe was there, which
was on the Saturday before the wreck.
He talked with jeff on several unim-
portant subjects, but not about train
Wrecking or anything of the kind. He
did not meet jeff on the railroad track
near the scene of the wreck at any time,
nor did he know anything about the
wreck until some time after it happened.
It was the next morning after the wreck
that he first heard of it.
Being cross-eXamined, the witness said
he went to see the wreck and remained
handle any of the tools with which the
spikes were removed, and did not go into
the brush while he was at the wreck.
"Did any other Indian go with you to
the wreck from Colfax?'' asked District
Attorney Robinson.
Witness said a friend of his, called Jim
Jones, accompanied him from Colfax, but
was not with him all the time. The wit
ness went to Sacramento with Ben True,
Sheriff Conroy and two Indians, and
stayed there couple Of days.
OVERS STORY.
Constable John Z. Dyer of Colfax was
called to the witness stand next. He
knew the Roberts boys well, and he
knew just where the train was wrecked.
he did not go to the scene until the after
noon. In company with Ben True,
Sheriff ConrOy and Detective Burke, he
made a pretty thorough examination of
the surroundings. He had no conversa-
tiOn at this time with either Al or jeff
Roberts. The first talk he had with
either Of the boys was with Al on Friday
morning after the wreck. Al told him
that he would like to talk with him, and
the witness asked him to come to ColfaX
before the local train left. He did not
come, however, and Mr.. Dyer went to
Auburn. While in Auburn ne received
a telegram from Al Roberts stating that
ne had something very important to tell
'
a special train and went back to Colfax
lie was met by Al Roberts, and the latter
said he had found a large plain bar in the
brush near the wreck. The two went to
the place and Al showed the witness
where a bar was hid underneath a
nanZanlta bush near trail. The bar
was not there, however, but they found
one of the claws which had been broken
off. Al could not account for the fact that
the bar was missing, and seemed To be
puzzled. The witness told him that he
wanted no foOliShness, and told Al he had
better find that bar. Al promised to look
1or the bar again next day, but was not
there when the witness visited the scene
of the wreck again. That day, however,
Al and the witness were walking along
and the former remarked: 'Oh, l wish
L could see my father. | want to tell him
something" His father was in Auburn,
and Al was anxious that he should return
that night
Later Ben True, Sheriff Conroy and the
witness talked with Al about the wreck
and the boy suddenly commenced to cry
Amid his sobs he said, 'Oh, my God, have
got to give my brothers away. There is
one of them pointing to jeff" After
this Al told the witness Dyer that he
went into the sleeper Santa Cruz after it
had been thrown down the embankment
and found some valuables in the way of
Jewelry. These he returned to the own
ers. The witness said he was present in
the Jail at Sacramento when jeff and Al
Roberts were brought out and asked to
tell what they knew about the wreck
Al accused JEFF of having done the work
and JEFF kept repeating, Dam ie."
On cross-eXamination, Mr.. Tuttle
wanted to know Of the witness why he did
not hear what Al Roberts wanted to say
in ColfaX when he first stated that he had
something TO tell about the wreck.
Mr.. Dyer said that he was compelled
to go Auburn and did not have time 10
hold any extended conversation. He
went back the same day, however, on re-
Ceiying q telegram from Al Roberts.
Did you meet John Roberts in
If he would get the boys to assist you in
&rresting the wreckers you would divide
the reward with him?n asked Attorney
Iuttle of the witness.
Mr.. Dyer replied that he did, hold
some such conversation and might have
used the language, but did not remember
well now what he said.
Attorney Jones wanted the witness to
tell just as near as he could what the ex-
aCt conversation was.
Mr.. Dyer said he would prefer to con-
suit his memorandum-book first, but un-
fortunately had lost it. He thought he
could find it in day or so, and by look
ing over it he could state almost the exact
conversation.
Mr. Jones insisted that he tell what he
remembered, and Mr.. Dyer stated that
when he met the father of the boys and
made the proposal TO him, he Dyer said
he would be down to see the boys He
went TO their house later and told them
he would make it an object to them to
look for the guilty parties.
4 Attorney Cham bprlaiT1 wanted n know