The herald., 1894-03-31

buggy down shat road to eohool.
THE BROTHER WHO TOLD THE SHERRY.
John Johnson, another brother and
an elder one, took tue stand. He ai-
hrmed and testified.
81 keep bees aud raise little nursery
stock. passed Alva Johnson's place
the morning after the rain February
18th and saw the tracks of light wagon .
1t appeared to come from the south. 1t
was going up the eRfion. The track
turned in at his house.
l went down the road, but did not
notice it farther than his house.
Oross-examined: | am brother OF
Alva Johnson am not on friendly terms
with him, aud have not been for some
time. | am man of family. | have
not been trying to get him out of the
cafion. The first man | told about the
track was the sheriff. The sheriff told
me if he was in it at all he would see
that he would have chance to turn
states evidence. | am not a equatter en-
Mrs. Johnson's land. | have a deed for
my land. 1t was wet and the wagon
made plain track. There we're two
tracks that morning. One was a road
wagon and the other a light spring
wagon. The first heard of the robbery
was on the evening of the 10th. no.
ticed the track because it was pretty
early in the morning.
~ cav Mr.. Thacker on the 10th of
March. l did not tell him my brother
was guilty, but tried to get him to let
him turn states evidence if he was ar
rested and wanted to. l did not think
this would be a solution OF our water
difficulty. l am certain the tracks we're
not the buggy tracks. II they were they
were not going towards school. There
we're two horses, because l saw the
prints of their feet"
"Why did you CONS down and tell
the sheriff your brother was guilty ?"
ut looked 30 plain to me. l came
down about February 22d. l did not
tell him be was guilty"
Constable Lester d. Rogers was called
to the stand and testified: | arrested
the defendant. At the time of the ar
rest he told me ne got home about 10
O'Clock the night OF the robbery. He
said he left town that afternoon at 3
O'Clock. He said man named Th omp
son was with him.
g. D. Bunch testified that he is real
estate broker of Los Angeles. He said
be knew the defendant, Alva Johnson.
On the 10th of March he had conver-
sation with johnson, in which the latter
said he was not at the train robbery.
He had another conversation with him,
in which Johnson said he thought the
engineer was to blame for not stopping
the train.
sURMIsE KNOCKED OUT.
Harry G. Banker, carpenter, of
GlaudoIa -aa auporp and taat;GaJ. GGI
know William Thompson by sight. l
saw him the night OF the first Roscoe
train robbery last December. He got
on the train in Los Angeles and had a
hammer wrapped up in a sack. He left
it in a closet. Hs went up along the
train and then came into the smoker
again and got his package. l thought
no more about it until next morning,
when read about the robbery and sur
missed he might have had something to
do with it.
The court allowed the surmise to be
stricken out.
John Hanerwaas, who has a LIQUOR
store on Main street testified that be
had known Smith about two years. He
had been told thai Smith was working
for Mr.. Johnson for his board. He
GAINS lHlO MS btOT6 lbW uByB alLef Jnb
robbery and pulled out $40 piece.
The witness had occasion TO deliver
some goods at another place and found
Smith there. who asked him if he was
following him. That was all the wit
ness knew about the case.
Deputy Constable Bsecher testified
that he makes gas machines. He de-
scribed his visits to the johnson place,
and the horses and vehicles he found
there. One of the horses had foot
something like that followed from Ros-
coe by the detectives.
The witness said that upon coming in
with Johnson after the arrest he had
conversation with him in which John
son said he was in the
city the day OF the train robbery
and went homs that evening with Jack
Thompson.
The witness said he knew nothing
further, himself. He had gathered up
all the circumstances upon which the
district attorney drew the COM plant
to which he had sworn.
The prosecution rested, and without
pressing q motion to dismiss, an ad-
ournment was taken until this morning
of O n,clock