The record-union., 1891-11-06

ogniZed it. Roberts then went off with
Detective True, but the witness saw him
again later on and asked him how he rec
ognized the bar. Roberts said that the
bar had been stolen from his father some
two years ago.
On cross-examination Coyan stated that
be had recently examined the place again
where he had found the crowbar. He did
this at the request of Constable Dyer of
Coltax. The latter telegraphed for him.
He had no hope of reward for his work.
AN IMPORTANT WITNESS.
Mrs. Eliza A. Brees of Iowa Hill testi-
fed that she was acquainted with the
Roberts brothers. They had visited
her. She was acquainted with young
lady named Mabel Ingersoll who was
quite friendly with Al Roberts. In fact
they We're contemplating marriage.
''Do you know whether or not he or
she had said anything to you prior to the
wreck about eloping, with Miss 1nger-
soll?" asked Attorney Jones.
Attorney Tuttle for the defense objected.
Any proposed elopement of Roberts, he
said, could nave nothing to do with the
train wreck.
Mr.. Jones said that he proposed to
show that Roberts motive for wrecking
the train was to obtain money enough
to elope with the young lady spoken of.
Justice Gwynn denied the objection. :
Mrs. Brees proved to be very re-
ticent witness at first. She did not re-
member for while whether or not she
had ever had talk with Roberts about
the matter. BY dint of persistent ques-
tioning Mr.. Jones compelled her to tell
what she knew. She then said that
Roberts had told her that he intended to
elope, and had $3.50 in the Auburn Bank
to defray the expenses. subsequently
witness had had a talk with jeff Roberts,
0y,H How r,n1 fn nl
He seemed to know considerable about
the affair, and she asked him what tools
were used.
"What did he say to you?" asked At
torney Jones.
The lady produced memorandum, and
proceeded to read it.
Both of the attorneys for the defense
were on their feet in an instant, and OBJ
jected simultaneously.
a lengthy argument of the points
and authorities were quoted. The
defense claimed that unless the memo
rapdum was made at the time of the al
legged conversation it could not be refer
red to by the witness. The prosecution,
on the other hand, argued that if the
memorandum was made while the facts
were fresh in the witness mind it could
be referred to.
The court finally decided that the wit
ness could refer to her notes.
WHAT JEFF. SAID.
son Friday evening, the 10th of Oc-
tober'' said the witness, Il met Jeff. at
Colfax. / told him that Albert had said
that he (Jeff.) had did the wrecling. jeff
afterward had a talk with Albert, and
told me that he got Albert all confused.
jeff came into my house later that even
ing, and talked TO him about the tools.
He said that the work was done with a
wrench and two bars. He said that they
(meaning the wreckers) did not finish
their work because one of the claws
broke off the clawbar While he was
talking to me Albert was standing
outsice near the gate. My daughter was
out there, too. While JEFF was talking
to me 1 heard Albert say d liar sew
eral times. | went to the door and asked
him ii be meant me, and he said, No; /
mean that thing in there | had a talk
with Al Roberts that afternoon. He asked
me if | had seen Constable Dyer around.
l said No he then said he was in the
detective business. / asked him if he
was going to detect train wreckers, and
he said yes. He then said that he sus-
pected that his brothers John and jeff
and Joe Campbell had something to do
with the wreck, and he was going to as
sist in bringing them to justice. | told
him it was an awful thing to accuse his
brothers, and ne said he did not care"
At this juncture a recess was taken
until O'Clock.