The herald., 1894-06-16
CHARLES CLAWS INCARCERATION,
A General Disc Amer of Re-
sponsibility for 1t.
Ex-Marshal Gard and Detective
Brighton Stand From Under.
The Young Man Now In the County Jail.
Additional Facts About His Ar
rest-A Decided Goodness
Among Officers.

secured an order from Judge Smith to
have John Shoulders, alias Max Schroed-
err. brought back from San Quentin to
stand trial upon the indictment charg-
ing him with being implicated in the
first Roscoe train robbery. At the close
OF the trial OF Comstock, Thorne and
Fitzsmmons, the counsel for Schroeder
asked to have the order set aside, but
the district attorney stated that they
were ready for trial. Yesterday morn
ing, however, another motion to set
aside the order was made by A. A. Mon
taflo, and, the district attorney consent
ing. the motion was granted. Shoulders
will, therefore, not be tried at the pres
emit time. and will serve out his five
years term for burglary.
This cleans up all the persons raked
in by the officers on the train-robbery
charge, with the exception OF Charles H.
Clay, who is still in the county Jail un-
der the com plant filed in Justice Bar
tholomew's court Wednesday last. This
complaint was sworn to by j. V. Bright
on. who worked up the Oomstock case
for ex-Marshal George E. Gard, but it
is understood will be dismissed, and
thus clear the boards for the next batch
OF suspects who will be yanked in for
the preparation of the hold-ups.
There is decided disposition on the
part OF all persons concerned in Olay's
incarceration in the city Jail for week
to shift the responsibility to the shout
ders OF some one else.
There is fear lest the indignity OF
being thrust ignominously into Jail ON
charge Of train robbery and kept there
seven days without being taken before
the nearest magistrate, may cause Mr..
Clay whom he gets out to make it lively
for the responsible persons.
Chief of Police Glass yesterday said
that he was kept entirely in the dark in
regard to the arrest having been made
on q charge of train robbery, aud that
he was given to understand that Clay
was being kept under cover by Marshal
Gard as a witness in the trial of Com
stock, Thorne and Fitzsimmons.
He says that w. A. Hammel, ex-
Marshal Cards brother-in- law, came to
the station June 6 h and wanted to see
Detective Bosqui, who was not in at the
time. He did not state his business to
the chief. and when he went out asked
that Bosqui be told to wait for him il he
came In. He was not told of Clay's
arrest, but happened to hear some talk
the next day between Capt. Roberts
and Attorney ]. Marion Brooks, who
had come to the Jail to see
Gard had requested thar NO one be per-
replied that he would not permit any
4 diraattnna. that if ka D
yer desired to see him he was at perfect
liberty to do 90. Mr.. Brooks went in,
aaw Clay and then said that he would
not have him arraigned then, as he was
not in very good shape. He left So for
his board and went away. Chief Glass
thought no more about it and heard no
more until the day Clay was srraigHed,
on the 18th. When he learned that he
had been keeping q man charged with q
felony seven days in jail, he was thun-
derstruck.
When he spoke to Officer Boeq nj about
Il the latter stated that he supposed the
man was arrested on a warrant for mis-
iemeanor. Billy Hamme brought a |
man to him who was to identity the
man wanted. and it was thus that he |
arrested Clay in East Los Angeles.
At the time OF the arrest there was q |
decided GOODNESS between Marshal Gard |
and the sheriff's Office. and Clay was
Kept in the city Jail for the seven days,
not being turned oyer to the county Jail, |
where he should have been taken, as he |
was under q felony charge. 1t was only
after the testimony was nearly all in in |
,he trial Of the Tsjunga suspects that
Clay was brought up before Justice Bar
;holomew.
The complaint did not mention Clay's
lame, but was John Doe complaint,
md the warrant was made out in sim
lar manner. Marshal Gard and Detect
We Brighton say they never pointed out
Jlay as the man they wanted, and now
'ay that the officer did not get the man
or whom they were looking.
The fact remains that Clay was ar
ested, was kept in the city Jail seven
lays without srraignmenG, and is still
n the county Jail, the date set for his
before Justice Bar tholo-
new not yet having arrived.
Chief Glass says that be does not pro-
pose to shoulder the blame for this very
regular proceeding, and that it must
all where it belongs, on those res poDsi-
,le for Clay's arrest, and for the false
created in his mind that it
vas case of no importance, and not
ne where man was charged with tn g
leinous crime of train robbery, for