The herald., 1894-06-09


the excitement whose voice it was"
after thinking it over, whose voice
do you think it resembed r.
81 thought 1t was Walter Thorne that
spoke"
"Whoee voice did 1t resemble?"
at resembled Thorne'e, the tallest,
the one that spoke"
"Iknow Thorne's horses" continued
the witness; lone is bay and the other
q backskin. Thorne and Comstock have
wagons, common light farm wagons.
The gun fred by the robbers sounded
like shotgun"
"After the train robbery did you see
Thorne?"
"Yes, sir; near my house. He was
shooting birds. The sound was about
the same as l heard at the robbery. He
was using a shotgun"
Conductor Odell was recalled and tes-
tilted that when he went out OF the
smoker the night OF the robbery he went
out OF the rear door. Mr.. Rapp was in
the car that night.
w. III. Andrews lives on the Lanker-
shin ranch at Tolucca, about three miles
from Roscoe. On the morning after the
train robbery he saw several detectives
at his place about s O'Clock. He went
with them, and followed the trail about
two miles befort it was lost. There was
north and south road at the point it
it was lost. The north road would take
one up towards San Fernando. He re-
turned to Roscoe and found track of a
horse, a longer track than the one the
detectives followed. He followed it half
a m 10 south and then lost it. The track
showed shoe drawn ont Of shape for
some reason or other. The track went
the same way the others went. He lost
it when he got to tho wash. 1t was in
an opposite direction from Tejunga.
There was craning of necks when j.
V. Brighton's name was called. He
was sworn, and in response to the pre-
liminary inquiries replied:
my name is j. V. Brighton. l am
40. / am detective, and have been en-
gagged in the business about Is or 10
years. For the last six and half years
l have been in California, Of which
was year at Visala. l was at Visalis
when heard of the Roscoe train rob-
berry, and entered upon an investigation
OF it about March 9th. l met the de-
fendants and know them."
ibid you have any conversation with
either of them?"
Eyes, with all Of them, mostly at
their houses or ranches. I was up there
about month and lived about quarter
OF mile from Kegel's place. 1 first
went to Comstock's house in the even
ing. l talked the most of the time with
Mrs. Comstock. | told them l wanted
to buy a claim, and made an appoint
ment for the next morning, and we went
to Kings place. When we came back
they asked me il any OF the detectives
had met me yet. | said no. and they
said the caflons were full OF them. Com
stock told me he knew the fireman and
that the fireman had told him about the
events of the robbery. Cometock told
talked about being arrested. He was
afraid he would be arrested, and If he
was he would not be caught like Chris
Evans with guns"
81 told him that I had heard that
Fitzsimmons was drunk down in San
Fernando, and had told that Thorne and
Comstock were in the robbery. Com.
stock said that he would mash the CUTS
out OF the - if he didn't stop; that
he and Thorne were in the robbery"
1--WE got to talking about the robbery
OF trains and made arrangements to go
into the business. He was going in with
me-"
''I afterwards had talk with Fitz.
simmons at his home. Mr.. Thorne was
there and asked me to get his msil.
told him 1 would il he'd give me an
order. He sat down and wrote one out,
but then tore it up and asked his sister
to write one. which she did. have it."
"Was anything in the conversation
said about Chinamsn?"
Objection was made that the question
was leading, and overruled.
"Yes, sir" replied the witness; "Mr.
Fitzsimmons came home and said to his
wife he could get no chance to trade
with the Cinnamon. An evening or
two before had told Oomstock he could
sell Mexican money to the Cinnamon.
l told him Ksgel had said he'd heard
the wagon 70 by. He said he was a
liar, and said he had dynamite over the
hill, and could make bomb Kegel
couldn't hear at Roscoe"
WAS anything said about the money
stolen at Roscoe ?"
"Yes they said they'd bet the id
detectives wouldn't find any of it."
"rhorne said he did not want to 90
down to San Fernando for his mail, be-
cause there were 30 many detectives.
On the 3lst OF March be gave me an
other order for his mail"
"Was anything said in these CONVEX
sRtions about the exploits OF Evans and
Sontag. with reference to the Roscoe
robbery ?"
"We were talking about Shoulders and
Evans, Mr.. Shoulders was at my house
when he was living ct Evans"
The answer WAS stricken out upon OBJ
lection by counsel for the defense.
did you have q conversation with
Comstock March lSthY
Eyes, WAS at his house that day.
He told me he would open switch
without key; that he had worked for
the Southern Pacific four years; that he
could take hammer or pin, strike it
certain way and it would open; that he
did not have to have a key"
What did he say about the fire.
MANI"
He said he knew the fireman. He
was sorry he was killed and wished it
had been the engineer. The engineer
thought he was - smart. They had
given him the right signals to stop.
"Constock also said that if Detectives
Will Smith and Bowler or that old de-
ceitiul -- Brighton came up there he
would kill them"
by what name were you known
there?"
Frank Hudson"
while you were living in the canon
do you remember the finding of "a
mask?"
Yes. found little hat cut in the
al, - l.