The herald., 1894-06-14
ANOTHER ROSCOE SUSPECT,
Detective J. V. Brighton Swears
to the Complaint.
Progress of the Trial Of ComstOck
ThOrne and FiJzsimmons.
News of the Fresh Arrest Causes n Son :
sation In tho Court Room-Buried
in the City Jail for
seven Days.

The waning interest in the trial OF the
Roscoe suspects, Comstock, Thorne and
Fitzsimmons, was revived yesterday
afternoon when it was made public that
fourth man has been arrested, charged
with completely in the train robbery of
February 10Th last.
1t needed some galvanic shock to put
life into the case, which has been devel.
oping weakness for several days past.
The promised rebuttal testimony OF
day, and proved veritable boomerang,
some OF the witnesses testifying exactly
opposite to the manner expected by the
district attorney.
1t became noised around in the court
room that new arrest had been made.
1t was also said that there was a man In
the court room, who Las been watching
the trial, who would be arrested during
the afternoon, and there was an air OF
mystery about which must have de.
lighted the numerous Hawkshaws in at
tendance at the trial. The arrest did
not materialize, however.
The man arrested was Charles III.
Clay, young man who at the time of
the robbery was living out the San Fer
nando road about four miles from the
city. He was really placed under ar
rest June 9th, seven days ago, and has
been immured in the city Jail since that
time until today, when he was arraigned
before Justice Bartholomew, his exam
ination set for next Tuesday. and he was
put In the county Jail without bail.
L - l. IL L L
despotic manner in which Clay was
thrown into the city jail and kept there
without being brought before the near
est justice, ss the law requires. The
complaint was sworn to by Detective ].
"ferret of the Slerras." Clay 10 charged
with boarding the train with intent to
rob it.
His friends say that it will prove
mares nest that Brighton has found.
They say Clay has rich relatives east,
who send him monthly remittances.
John Belt, the colored man who is fig
uring in the trial of Comstock and the
others, told Detective Will Smith short
time after the holdup that Clay, who
lived near him, had shown up money
the day alter and bought new suit OF
clothes. Detective Lawson and Will
Smith investigated the clue, and say
that they found nothing to Justify sus.
picion of Clay.
j. Marion Brooks says that he is the
agent for Clay's relatives and has a sum
on deposit in the city from which he
makes allowances to him. His friends
are very indignant over what they char
acterize az the high handed outrage of
the chief of police in riding roughshod
over the law in keeping Clay locked up
illegally. The warrant shows that Clay
was arrested June 9th by Officer bosqui
in East Los Angeles, and the return was
only made yesterday on the document.
When x-Marshal Gard was ap.
preached in the court room in the after
noon, he said he believed there were five
men in the robbery; that Clay was one
of them, and that the other man was out
Of the state; but Brighton. when asked
the same question. eaid the other man
was in the court room, but as he could
not escape. he would not probably be
arrested that afternoon.
The defendants we're go much interest
ed during the trial in seeing the rebuttal
witnesses OF the prosecution fall down
that they did not appear to be aware of
the undercurrent in the court room after
Clay's arrest had been noised about.
A. P. Marine. who lives at pol Kuhrts
street, was the first witness after court
convened at o'clock. He testified that
Brighton's reputation for truth was bad.
He had known him for month or two.
Maud Brown, a little CT ppled girl.
testified that Mrs. Fitzsimmons is her
mother and Pat Ftzsim mons ia her
stepfather. She said he was at home
the night of February 18th. Her mother
was sick in beG. Her father slept at
home. and she got breakfast for him in
the morning. He chopped wood on the
18th, and went to Los Angeles with wood
on the 10Th. The little girl became con-
fused and mixed up the two days, the
10Th and 10Th. She finally Strengthened
it out, and said also that Walter Thorne
slept at the house that night. Her
mother was sick in bed for week or two
after that.
Mre Mary L. Fitzsimmons, wife of
Pat Fltzsimmons testified that her fam
lily conslsts Of two children by former
husband and twins by her present hue
band. She was sick on the 18th OF Feb
rusry, and her husband was at home,
chopped wood during the day and was
at home at night Walter Thorne, her
brother, lived with them. He took
load OF oak wood to San Fernando. Her
husband went to Los Angeles on the
10Th with load of wood Taere was
only one room in the house.
Maud Brown, another daughter. test-
fed to about the same facts. and Allie
Comstock testified about his fathers
presence at home the night OF the rob-
berry. The defense then closed
Rev. Mr.. Reese wac called in rebuttal
and said that he WAS not continuously
in the Little Tejunga canon during Feb
ruary. He was not in the eaton Febru-
ary 18th or 18th. The witness was
asked if he knew whether the Cham
pions were in the csfion during Febru-
airy, and could not say. They might or
might not have been there.
Fred Lowell, living at Verdugo, said
be was in the Little Tejunga canon Feb
ruary 10Th. He said no one was living
at Water Thorne's cabin at that time.
The place had deserted look. He left
the giant powder testified to at Shat
tuck's place in May, 1898. The witness
came do wn the csfi IN in the afternoon of
February 18Th. He met Thorne at 3 or
o'c ock coming up to shattuck's place
to grind an axe.
Va cross-exsmination Lowell said he
could not swear positively that no ore
was at Thorne's place, only that he did
not see anyone.
VIM. Waiter, who had hauled wood
out OF Little Tejunga csfIon, was in the