The herald., 1894-04-15
ANOTHER COMPLAINT FILED.
Burglar John Shutter Charged
With Train Robbery.
The Other Three Men Accused of Both
HOId-Ups.
Chris Evans IL Said to Have Planned
tho First Robbery-shulter's
Story OF the COmpIi-
GATED Affair.

A complaint was fled in Justice Bar
tholomew's court yesterday charging
John Shutter, John Comstock, Walter
Thorne, Patrick Fitzsimmons and John
Doe with having committed the first
train robbery at Roscoe last December.
Shutter is convicted burglar who ID
awaiting sentence for robbing the house
of w. J. Bigelow Last January and steal
ing lot OF jewelry. John Doe is un'
known, while the other three men were
arrested by United States Marshal Geo.
Gard and are now in separate cells at
the county Jail.
j. V. Brighton is the complainant. In
speaking OF the case, he said. he had four
OF the worst criminals ever arrested. He
has no doubt as to their guilt in COM
mitting the first robbery, as well as the
last one. Brighton has done good work
in following up clues, and may succeed
in having the men held to answer to the
superior court. The circumstantial evil
dence is strong against them, but not
stronger than il was in the case against
Alva johnson and George Smith, who
were arrested, examined and disch arged.
Oomstock. Thorne and Fitzsimmons
were taken before Justice Of the Peace
Granger at San Fernando by Marshal
Gard yesterday, and arraigned on q
charge OF committing the second rob-
berry ct Roscoe, which took place on the
10Th OF last February. Their examina-
tion was set for next Friday, bonds be-
ing placed at $40, 900 each.
The filing OF the complaint incrimin-
ating Shutter in the first robbery natur-
ally had the effect of bringing out the
story as gathered by Detectives Benson
and Marsh and j. V. Brighton before
Shutter was arrested for burglary. Both
Benson and Marsh suspected Shutter,
and watched him closely, but could
never get evidence enough to warrant
his arrest. They found man who
identified Shutter as having been on
wagon with three other men and going
out OF the city toward Roscoe on the
afternoon of the first robbery. IL would
appear that this fact has but little
weight, since the robbers who held
mp the first train all rode horses,
and were traced to the city. No wagon
ever figured in the first robbery. The
other evidence against him ia the state
ment that he visited Chris Evans in the
Fresno county jail, and that the detec-
tives believe that Evans planned the
robbery in q vain endeavor to get money
to make his escape. 1t is also charged
against Shutter that he ie the tramp who
tagged train near Porterville and told
the engineer how be had been forced to
join gang that were going to hold up
a train that night. The story had the
effect Of getting most OF the officers out
of Fresno, and Evans and Morel soon
carried out their part Of the program.
According to the detectives, Evans sent
Comstook, Thorne, Fitzsimmons and
another man, and together, it ie alleged,
robbed the train.
AS the robbers secured no booty, o
second attempt was made, on February
10Th, when the train was wrecked and
two men killed and $4,000 stolen. But
this time Shutter could not possibly
have been in the robbery, for he had
committed burglary and WAS in Jail
awaiting examination.
A HERALD reporter obtained an inter
view with Shutter yesterday. He said ::
81 was never in Fresno, nor did
know Chris Evans. This ia the most
ridiculous thing l ever heard of, for the
detectives looked me over long before
these fellows did. and concluded that l
never had anything to do with the
affair. l am an innocent man, and il
those men do not concoct false evidence
against me will be discharged from the
terrible charge.
81 freely admit to having committed
burglary, and am willing to serve time
for it, but am innocent Of any other
charge"
A pitiful scene transpired yesterday in
connection with the case. Mrs. Com
stock, wife OF the accused man, drove
into the city with load of wood which
ahe disposed of for $l.75. She after
ward stated that it was every cent she
had in the world, and as the officers had
taken all her husband's tools che could
not longer cut wood for a livelihood.
She and her three small children were
in sad plight indeed, with Oomstock
locked in prison and nothing to eat ex-
cept portion of sack Of -four.
Mrs. Comstocli went to the board ol
supervisors in the afternoon and asked
assistance. She gave the board the
facts OF er destitution and asked pro-
lection for her little children; she did
not ask aid for herself for she was strong
and could earn living until her hus-
band could be again set at liberty, bul
the support of the children was too