The herald., 1894-06-15
DISCHARGED IN THREE MINUTES
Comstock, Thorne and Fitzsim-
mons Found Not Guilty
Collapse of the Famous Roscoe, ,..4a
pect Trial.
A Verdict Which IL Commended by che
Publio- What VIII BE Done
With Clay ?-The
Account.

The collapse OF the prosecution in the
Roscoe train robbery trial. as foreshsd-
owed by the weakness of the testimony,
occurred yesterday morning.
When court convened at 9 o'clock
there we're quite number of spectators
in attendance. many of them having
been ss regular during the nine days of
the trial as the court officers.
The three defendants. Comstock, Fitz-
simmons and Thorne, were very much
at esse, while ex-Msrshal Gard and Dis
trict Attorney Dillon did not look happy.
There was a little testimony still in
rebuttal OF the same uncertain chars ctsr
OF much that was put in by the prosecu-
ton, and then the case was closed on
both sides,
Counsel for the defense and prosecu-
ton agreed to submit the case without
argument. 1t took an hour to get the
instructions ready for the jury, and after
they were read and the jnrors fled out !;
there was short intermission of three
minutes, when the jury announced an
agreement.
The verdict was not guilty. as had
been expected. Owing to an admoni-
ton by the court there was no demon
stration for the defendants, although
there could have been if it had not been
for the orders OF Judge Smith. There
, were some silent but hearty EN- braces
and Handwriting between the defend
ants, their families and friends, and the
great trial was over.
The trial was quite an expensive one
n NJ In llxx nm
panel OF Jurors was 10 attendance at the
beginning OF the trial. owing to the ex-
pectation that it would take long time
to secure jury. OF the big army OF
witnesses, about $50 in nu On Der, a great
many we're granted their expenses upon
making the poverty affidavit, and the
total amount of expense will 60 over
$4,000.
The question of what to do with
Charles II. Clay, who now lsnguishes in
Jail charged by Detective Bright ton with
the train robbery, is before the officials.
1t is understood that one reason for his
arrest was the belief by Brighton that
he WAS an associate OF the acquitted
men. The complaint against him will
no doubt be dismissed, and in
as quiet manner as possible. Clay
will have excellent grounds for dam
age suit against the chief of police. The
warrant for his arrest directed that he
be brought forth with" before the near
est justice Of the peace. Instead OF
complying with the law, he was arrested
on june 9th and put in cell in the city
Jail, where he wac kept for seven days,
! without being permitted to see couns ell
and without chance to assert his legit-
innate rights.
1t is understood that this extraordin-
| airy procedure WAS permitted in the hope
that confession might be forced from
the unfortunate prisoner.
During the trial a report was tele-
graphed to the San Francisco pa pers
that Detective Will Smith had been
subjected to humiliating cross ex amin
alton by the prosecution, calling atten-
ton to his acts in some famous cases
with which he has been connected. This
was piece oil spite work. He was n OF
q good witness for the prosecution, be-
cause he investigated the clues against
Comstock and the others long before
their arrest by Marshal Gard, and de-
cided there was nothing in it. He was
not asked any questions about other
cases at all.
the district attorneys Office feels
pretty sore over the outcome OF the
case. They had placed implicit reliance
upon the claims of Detective Brighton
and the value of the evidence he had
collected. Altogether, it was fiaeco oil
large and elegant proportions.