The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-06-13
HER HUSBAND AT HOME IN BED,
Mrs. COmstOck ClincheS the AL
ibi Of the Roscoe Suspects.
The Defense Has Made Out Strong
Case.
The Prosecution Say the Abb VIII Be
Broken by RebuttaI Testimony.
Brighton's Concentrations
Are Denied,

tinued putting in testimony all day yea
terday and announced in the afternoon
that they would close today.
There has been so much hilarity about
the trial that it has taken away the idea
that the men are on trial for a capital
crime. The counsel on both sides have
been good natured and they. az we'll as
the jury, have had numerous laughs
during the proceedings. The defend
ants have never seemed, however, TO
consider it much of a joke and have
kept their eyes riveted on every witness
and every word that they have uttered.
The plan Of the defense has been TO
account to the minutest detail for all the
movements of the defendants since they
have lived in the Little rejunga canon,
and before and after the hold-up of the
San Francisco train at Roscoe, the night
of February 18th last, and to explain
the suspicious circumstances which led
to their arrest.
They have made out strong defense,
especially with reference to their move
ments the day of the nold-up and the
day after. The prosecution say they
have rebuttal which which will knock
the abb sky high, and which will be
put in today or tomorrow.
The same general line of testimony
was followed yesterday by the defense
as the day before. Witnesses were in
troduced to show how the defendants
came into possession OF tho overcoats,
upon which such stress has been laid
by the prosecution, and there we're Jew
incidents OF more than ordinary in
terest.
Mrs. Kalen Holmes testified that she
10 acquainted with Mrs. Psckwood, and
had been at her house many times. She
was shown the gray overcoat in evil
dence, which was found in Comstock's
house, and said she had seen 1t in Mrs.
Packwood's house until she gave it to
Mr.. Comstock in March, after the rob.
hery.
Mr.. A. A. Packwood, living in East
Los Angeles, WAS shown the gray over
coat, and identified it as the one he had
owned. He had it until March 9th.
when it was given to Mr.. Cometock.
Louis Packwood, the 1l-year-od son
oil the preceding witness, also identified
the overcoat in a similar manner.
John g. Clark, an old soldier residing
on Glasselps ranch near Tropico, testi-
fed that John Belts putation for truth
and veracity was very bad.
"Wouldyo believe him under oath ?"
asked Mr.. Ling.
mo. sir" replied the witness, en-
phatically.
You don't like Mr.. Belt" said Mr..
Dillon on ss-examination.
81 have no feeling against him." said
Clark, but he is not the kind of man
that does a community any good to be
in it. When he 10 around you need q
shotgun"
That's the kind of man you are 2"
'Thst's the kind of man l am. | am
my own policeman-on the ranch"
w. B. Haney, farmer living in the
Little Tejunga cafion, saw Comstock on
the 23d of February. He told the wit
ness that he had got q doubled arrelled
shotgun that day from Mr.. Simon
White. The shotgun in evidence was
identified by the witness.
Deputy Constable de la Monte testi-
fed that he went with John Bell up in
the Little Tejunga to silver mine and
paved and scraped around for some
Mexican money, but did not find any.
He was not allowed to tell how he had
come 70 go with Bell.
John William Austin, boy residing
on Santa Fe avenue, said he was in the
Little Tejunga in October of last year.
He staid at Mr.. Shattuck's house, and
they had some giant powder, caps and
iuse. that had been left by man that
moved away, Fred Lowell. They gave
the things to Mr. Comstock.
The witness was shown the box con-
tanning the powder. fuse aud caps, and
identified them as the articles given to
Comatock.
Simon White of Garvanza had known
John Comstock for about four years.
He identified the shotgun referred to,
and said his son Frank told him Com
stock had taken it away from him.
Jacob Henry Mag, section foreman
for the railroad company at Burbank,
testified that he was at Roscoe the
morning OF February 10th at O'Clock.
He examined the tracks of horses near
the railroad. He made casts of the
horses feet. The casts were shown him
and identified by him. He made them
few days alter the robbery. The wit
ness also found shell. No. A, that had
been shot off; also loaded shotgun
cartridge, No. II, with No. shot; the
color of the cartridge was light green.
He picked up seven or eight exploded
shells. He gave the shells to Detective
Will Smith. There were no empty
shotgun shells. The shells were found
right around whore the train had been.
He found also piece OF the wrapper of
giant powder cartridge, and the top OF
a can, right at the point where the door
of the express car had been blown
OPP sn.
DR.. j. S. Turner of San Fernando tes-
tilted that he was acquainted with Pat
Fitzsim mons. He said he was at his
house in the Little Tejnnga on February
l4th, in the afternoon about 3 o'clock,
His wife was sick in bed. Fitzsimmons
came in while he was there. The wit
ness was there about an hour. FItzsj M
mons looked warm, as if he had been
working. His wife Sas i'll condition to
require care. He did not visit her after
that.
Miss Stella Allen, young lady living
about two and one-half miles east Of Pa
Gonna, testified that few days before
the hold-up she found piece OF an old
hat. 1t had two holes for eyes and two
strings to it. She took it to school with
her and q boy took it home, and it was
afterwards given to Constable Vieias.
She said the mask in evidence was not
the one she found.
Thos BstteIlo was recalled and stated
that he had q conversation with Mr..
Rapp after the robbery and the latter
said he could not tell who the robbers
were by the sound of their voices; that
he recogn Esd meme OF the voices.
On cross-examination the witness was