The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-10-25
A Jury Secured and the Taking Of
Testimony Begun.
EKGIfEER PHIPPS TELLS HIS STORY.
Unable Positively to Identify the Prisoner as The Nan
Who Held a Shotgun to His head at
COllis.
Special to THE MORNING CALL

FRESNO, Oct 24-The examination of
talesmen in the SOntag case occupied all the
forenoon in Judge Holmes court. The same
monotonous examination which has charac-
terzed the former proceedings marked this
mornings session. The spectators were
disappointed as they thought that evidence
would be taken as only three jurors re-
manned to be selected, but it was long after
the noon hour before the jury was COM
pleted. Thirteen taesmen were examined,
the defendant exhaustipg ell perem ptories.
The three jurors secured are: j. ID. Harti-
son, w. j. Martin. T. L. Reel. This COM
pletes the panel, which is composed of the
following: c. Boles. S. G. Brown, c. j. NJ.
KIetter, John Mckee. ID. H. Cadwalader, A.
Keyser, A. Adelsbach. j. II. Elliot. NJ. Bill
by, j. ID. Harrison, w. j. Martin and I. L.
Reel.
The afternoon proceedings were opened
by the reading of the indictment, charging
John Contant, George c. Contant and
Christopher Evans with robbery. The
complaint does not charge train-robbery,
the punishment of which ls death by hang
ing or life Imprisonment, az the discretion
of the jury. 1t is supposed that the reason
WHY the complaint was made under the old
statute is that there is doubt as to the
eonstitutionality of the new statute.
The new law provides that the person
who, boards railway train with the intent
to commit robbery thereon shall be pun
ished by death or by life Imprisonment, in
the discretion of the jury. Steam boats,
stagecUaches hotels and other remlses are
not given the same protection under the new
law as are railways, and for this reason 1t
is believed the new law will not hold water.
There is a large number Of witnesses
bot md ffar
their retirement from the courtroom, In ac-
cordanee with the order of the court, the
District Attorn-y asked that Detective
Hickey he permitted to remain for the pur-
ppse of assisting the prosecution with his
advice. This was resisted by the defend
ants attorneys, and upon Judge Holmes
granting the request they excepted.
Reel b. Terry made the opening state
ment for the prosecution. He began by
saying that the case for the people was not
built upon circumstaneial evidence alone,
but that facts would be shown which, of
themselves, would prove the prisoner
guilty of the charge preferred in the in
dictment.
Al Phipps, engineer of the train that as
robbed, was the first witness. He testified
that on the night of the robbery he took the
engine at Mendoza, that being tue Degin-
ming of his run, and Bakersfield the end.
He left Mendoza at Ii ;07 o'clock in the even
ing, which was two minutes late. The train
stopped at Coils to put trunk ON bag
gage-ear and to take on passenger.
AS the train was pulling out of Coils the
witness noticed mans coat futtering in
the wind back of the tender. The next
moment a masked man crawled over the
tender and covered him with shotgun.
; Phlpps put one leg out OF the cab window
aud was putting the other out In order to
make an attempt to escape. but as he was
| doing so another masked man covered him
with a shotgun and said, Stay where you
are, you - -.
HE told me to stop at the next station,
tinued the witness. This other man then
came in and stood beside the first man. and
the fireman and [ were ordered to throw up
our hands. He took my watch and felt
some money in my pocket. de said, Take
your watch, | want to rob you, but want
money He had sack tied around his
waist and belt with revolver on each
side of him. He had something in the sack,
but dida't know what it was.
IL said, If you are going through with
this, would like to see you do it witho ut
killing anybody He said, That's my busi-
ness. Well shoot the first - - that
shows himself. AS soon as we came to the
switch he fired three shots In the air Oh OF
his revolver. Then he told me to stop, and
Immediately began to apply the air. The
robber who was talking to me was about
feet inches. and weighed about 40 or 175
pounds"
The witness added that he saw George G.
Con tant, the prisoner, in Mendoza July Is.
Contant said that Mendoza was "a h of
place for man to lay around in all day."
He told the witness tnat he had got on
train at Tulare and that he had fallen
asleep and been carried past Fresno, where
he had intended to have got eff. He made
a remark that he had been drinking heavily
AS to his business, he said that he was
travelling for liquoI-house.
10 mo tph IN oah with
that night" continued the engineer, twas
about the same size as the defendant. His
features were concealed by q long mask of
reddish color. He also wore
reddish brown coat and vest with checks In
them. His hat was black slUuch hat, ap-
parently very we'll worn. He wore over
alls. and they appeared to be new or nearly
new. / noticed that there was braid on
the sleeves Of the coat
The witness was shown mask. coat, vest
and nat, and he testified that they identically
corresponded in appearance with those
worn by the robber.
1.-The other man." Phipps swore, "had on
a long linen duster, black slouch hat,
little smaller than the other, and similar
mask He wore belt also. with two re-
volyers in it, and carried double barreled
shotgun. He was not as stout as those VINO
were talking TO me, but was about the same
height"
Witness had talked with the pf lsoner since
his arrest and ConantS voice sounded very
familiar to him. He had heard it before,
and recognized an Irish or Canadian accent
in 1t.
The remainder of his testimony concern
Ing the robbery was about the same as has
already been published The witness said
he had been ordered to put out the headlight
and 60 ahead, while the fireman went with
the robbers. A number of shots were then
fired, followed by the explosion of
bombs. Eight bombs were fired in all.
After while the witness saw the lanterns
of the trainhandS moving about, and con-
cluding that the robbers had got through
with their work, walked back to the en-
gine, and found that the eccentric arm Oh
the engine had been blown off by bomb.
After hastily repairing the engine, when
occupied about twenty minutes, the train
was started for Fresno.
do you identify this man as the one
who talked with you on the engine that
nightp asked the District Attorney.
mo, sir, don't. don't identity him."
was the reply "But / say that those
clothes and that mans appearance. and
more particularly that hat, compare exactly
with the description of the man who stood
on my engine with me that night"
The witness was undergoing cross-exami-
nation when the court adjourned.