The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-05-16
ALL TO GO TO JAIL.
Ed Wagener's Big Decision at
LeavenwOrth.
Sanders and His Whole Army
.----A Are Held.
FEW CAN GIVE BOND
And the Prospects Are That All
of Them
Will Have to Be Put Behind
FEW CAN GIVE BOND
Will Have to Be Put Behind
Prison Bars.

IEAvHxwoRTH. May f6.-The exami-
nation of General Sanders and his com
monweaiers for Selling a Missouri Pa
cific train at Pueblo was begun before
United States Commissioner Z. A Wag-
ener yesterday at o'clock.
S. d. Shankland, superintendent of the
Colorado division of the Missouri Pacific
railroad was the first witness for the
government. He testified in regard to
the movement of trains on May 3, and
10. the days that General Sanders and
his army were journeying eastward from
Pueblo with the stolen train He showed
that the presence of the t'wild" train on
the road made it unsafe. to operate the
line, thereby delaying passenger trains
which carried the United States mail.
Three different mail trains were delayed
from 10 to SO hours.
The defense, conducted by ]. G. Waters,
attempted to show that Superintendent
Shankland caused what delay there was
by ordering locomotives ditched in front
of the wild" train and tying up mail
trains at stations. The witness, however,
insisted that the presence of the "wild''
train rendered the operation of the line
exceedingly dangerous.
o. A. Derby. superintendent of the
Pueblo division, was the next witness
He denied emphatically that he ordered
the track cleared so that the common
weaIers could proceed in safety into
Kansas. He also said that there was no
truth in the statement that he notified
General Sanders that he would find
plenty of water in the tank at Chiving
ton. He testified to having carried out
the instructions of Superintendent
Shanlzland- He regarded the presence
of the "wIld" train with so much alarm
that he sent out gang of section men
on hand cars preceding the special train
which was made up for the sheriff at
Pueblo, who pursued the common
wealers.
Chief Train Dispatcher Dunn was the
first witness called at the night session.
He produced a lot of train orders and
conductors registers to show the running
of trains on the Sth, 9th and, 10th of
May. 1t was showed by these reports
that mail trains had been delayed.
Waters asked witness why the trains had
been delayed. The answer was that the
presence Of the wild train made it i'm
possible to run regular OF any trains
with safety. Mr. Waters wanted to
know just how the wild train necessi-
tated the stopping of other trains and
this seemed a difficult question to
answer, as it was proved Sanders train
was on siding at Horace when the east
bound mail train was ordered held at
that point.
Station Agent Chears, the Horace oper-
ator, was next called. In answer to ques-
tions put by Attorney Perry he said the
Sanders train of coal cars was left stand
ing on the main track about twenty min
utes while the Denver q Rio Grand
switch engine was being exchanged for
Missouri Pacific passenger engine num-
ber $50. When the new engine was
coupled on the coal cars were pulled to
side track. The east bound passenger
and mail train was at the station when
Sanders pulled in. He answered Attor-
ney Waters by saying he received an or
n to hoI ha ira
pulled out, but Sanders informed him he
would not leave Horace until the mail
train did, and that he had no intention of
getting in the way of a mail train. He
tried to say the mail train was detained
because Sanders held the station but ad-
mitted that the train was held for fear
Sanders would follow and might run
into il.
The witness was dismissed and Judge
Wagener swore in all the commonweaI-
ers present and ]. Frank FARRELL, "a Topeka
cores pondent of Kansas City paper
Station Agent Holten of Chivlngton,
was called. He testified that Chiving-
tons population was one dozen people,
that the Missouri Pacific had two en-
plOyes there. section hand and him
self, and that no town officers
existed, although the sheriff was
in town the day the train
arrived. He received an order from
superintendent Derby, at Pueblo, to in
form Sanders that no more distractions
would be placed in the way of the train
and a request that Sanders leave all his
stolen tools there. The general did this
The witness declared that Derby mad not
sent this order but at the time he thought
he had, but finally admitted that the
Pueblo operator had sent it for the super
lntendent- He was a very boyish look
ing fellow but refused to permit Waters
to run over him He created some
amusement by his ingenious manner of
seesawing around pointed questions
L. +. Smith, a sergeant OF the Cripple
Creek legion, was the next witness. and
Attorney Perry took him in charge. He
was miner by trade. He would say
nothing conflicting. although many op-
portunities were offered He had moth
ing to do with stealing the train, and did
not know it was stolen He just got
aboard because the others did and sup
posed it would carry him to Kansas City.
although no one had told him so. He
knew of no premitated plan to confiscate
the train and did not know who gave
the order to pull out of Pueblo, but
felt certain the order had been given.
He rode in the last car and did not know
the train was backed half a mile when
nearing Scott City to avoid running
into and intercepting mail train
although he saw an engine coming
toward their train, but did not look to see
- was pulling anything. He did not