The herald., 1894-04-21
THE PUNISHMENT IS DEATH
Indictments Against the Four
Roscoe Suspects.
Specific Charges in the Documents
Cover Both Robberies.
doh" shulter Indicted Under the Name
OF Max SchrOedBr-rhs Rail-
Mounts Up TO 84O,-
900 Zach.

The indictments against the Roscoe
u'pocts we're returned by the grand
lnry yesterday afternoon.
1t was expected that they would be
ready during the forenoon, out with
that perversty which characterizes the
movements Of grand juries, they did not
put In au appearance before Judge
Shaw, though sending him word that they
would come before noon.
When they reported the two indict-
ments covering both Roscoe train rob-
berries, Judge Shaw fixed the bail OF
each OF the defendants at $50, 900 in
each case.
the county Jail the indictments were
open for inspection.
The IN an who has been known in the
CAGE 40 John Shutter was indicted und er
the nGme Of Max Schroeder, which 10
believedNo be his true name.
Singularly enough he is already q
convict under the name OF Shutter. 1t
was this name which he gave as his true
one hon he pleaded gully to the Bige-
low burglary and was sentenced TO FIVE
years at Jan Quentin . few days ago by
Judge Smith. He 10 indeed now serving
his sentence, for by direction of the
court it dates from the time of passing
sentence, although he has not yet been
taken over the road.
The four defendants will be arragned
upon the indictments this morning be-
fore Judge Shaw.
The documents are very short, each
-
The indictment charges Max Schroe-
der. John Comstock, Walter Thorne and
Pat Fitzsimmons with unlawiully and
fsloniously boarding passenger train at
Roscoe station, on the Southern Pacific
railroad, December 23, 1898, with the
intention OF robbing it."
The other Indictment charges that
John Comstock. Walter Thorne and Pat
Fitzsimmons February 10, 1894, threw q
switch at Roscoe station with the inten-
tion OF derailing passenger train on the
Southern Pacific railroad, and unlaw-
fully and feloniously boarded O pas
sSnger train at said place with the in
tsntion OF robbing the same.
Max Schroeder. or shutter, was in jai
at the time of the second robbery and
consequently has beon left out OF the
second indictment.
His attorney, a Mr.. Woolner, came
into court yesterday morning before any
indictn ants had been returned and made
formal motion which created some
amusement. He moved that as it had
come to his stten zion that his client was
to be examined by the grand jury with
reference to an alleged connection with
the Roscoe robbery, that the members
OF the grand jury be cited to appear be-
fore the court and be examined with re-
gard to their iS %ssks sSeh
when his motion did not meet with that
CORDIAL concurrence on the part OF the
judge which he expected.
The penalty OF the law which at
taches to the crimes charged under each
indictment is capital punishment. The
defense GLAZING that tho second indict-
ment charges two ofensee, which will
knock it out; but the district attorney
says that the supreme court has settled
the question. and that the indictment as
drawn 10 perfectly good.
The trial OF the defendants will be a
very sensational one. The complete do.
tails OF the chain of evidence collected
by the prosecution is not known and
will not be until the trial, owing to this
plan adopted of doing away with a pre-.
hminary examination,
That the defense is verv much
chagrined at this change of tactics is
evident, although they assert that it il
Just what they wanted.