The herald., 1894-06-12


him two loads of wood after the robbery.
He could not give the date. de only
bought wood of him once.
P. L. Lopez, constable OF San Fer
nsndo, testified that he had known
Henry Kegel for 15 years, and his repu-
tation for truth and veracity was bad.
J. s. Kelly, blacksmith at San Fer
nando for five and half years, said he
had repaired Comstock's wagon and
ahod his horses. He sold him some old
horse shoes. He never knew the de-
| PENDANTS to have any buckb or
spring wagon. Their horses we're pretty
poor.
Constable Villeias of San Fernando
testified that KegoPs reputation for
truth and veracity was not very good.
Manuel Velasco OF San Fernando, a
barber, was acquainted with Walter
Thorne. Last year he played for him
at dancing school he had.
Officer w. A. Bosqui testified that
when Fitzsimmons was brought into the
city jail by Detective Bowler he was
drunk and very abusive.
Ben Foster, q colored man living near
Hunters blacksmith shop, on the Glen
dale road. was called. He know the
defendants. He had not seen Thorne
and John Belt talking together. Fitz-
simmons came to his shop to have shoes
put ON his horses in February some
time. The reputation OF John Belt for
truth and veracity was bad.
| Ii. B. Thomas, q farmer OF Burbank,
was acquainted with the defendants.
The witness testified that the reputation
OF John Belt is bad. he had only heard
| it spoken OF since this trial came up.
/ f. ut ho al
trich farm, testified that the reputation
OF John Belt for truth ahd veracity is
bad.
| Samuel Hunter OF San Fernando, liv-
ing there since 1879, testified that John
Belts reputation for truth and veracity
is bad.
| Deputy Sheriff Joe Hunter went up to
Roscoe the afternoon after the robbery,
and on the way up with Oass Cline met
Pat Fitzsimmons with load OF wood,
coming to town.
q. I. Snyder was witness as to the
unsavoriness of John Belts reputation
for truth and verReity.
Deputy Sheriff W. II. Cline testified
that he was with Mr.. Barnett when they
followed the track toward Lankershim,
and he saw no prints OF horse shoe nails
in the tracks. He could find no tracks
like those at Roscoe in the Teiunga
| country.
Deputy Sheriff Thos. F. Botello de-
scribed the tracks he found at the scene
of the robbery. he being the first officer
there after the robbery. He found the
tracks OF four horses, wagon, three
men and dog. He and the other Of
| fcers followed the tracks about 10 miles
southwesterly. He was afterwards at
| Tejunga, but found no horses whose
tracks correspondent with the tracks
found at Roscoe. The tracks went al
ways in the direction of Calabasas,
never towards San Fernando.
| Joe Hutchins, farmer, testified that
he had been over all the Tejungs coun-
try. He knew the defendants, and had
visited Comstock's and Thorne's plsces.
| He Lad examined their horses in Febru-
airy and they were about as poor as
horses get. He thought they could make
about three and a half or four miles an
hour. Fitzsimmons' horses, the witness
thought, were not as good as C1mstock's,
but Thorne's were better than either of
the others. Thorne's horses, with the
wagon he mad, and the roads about Ros-
coe, could not make more than five or
six miles an hour.
The witness WAS in Los Angeles Feb
ruary LIST and went home the morning of
the 10th, the morning after the hold up.
He lett Los Angeles about 7 o'clock. He
passed Pat Fltzsim mons at Burbank, the
latter having a load OF wood he was
bringing to town. He reached the mouth
OF the Little Tejunga about O'Clock.
He found no tracks going up, but found
one wagon track and the horses tracks
and Ona saddle hOraa track
TIE reason he examined for tracks
was that he had heard about the hold
up. He had suspected the defendants OF
! the first hold up, and went out imme-
diately to see il he could find any tracks
leading up to their houses. He found
none leading up the side CATION. He
saw Thorne that evening coming down
the cafion on horseback.
On cross examination the witness said
that as far as the main cafion, he could
not tell whether or not wagon had
passed up the night before.
The witness stated that Oomstock and
Fitzsimmons have not spoken to each
other in the last year, and that bad
feeling has existed between them for
long time.
Frank Smith, barber at San Fernan-
do, was asked about Henry Kegel's rep.
utation, and said it was not very good.
@. ]. Linn, farmer and beekeeper in
the Little Ielunga canon, was acquaint-
ed with the defendants. He saw Thorne
two or three times in February.
The gray overcoat In evidence being
shown to the witness, he stated that he
never Jaw either of the defendants
wearing it or one like it.
Miss Flora Marine of No. 201, East
Anne street, Los Angeles, testified she
was acquainted with the defendants and
their families. She went to MIR. Com
stocks place Saturday night, December
22nd, the date OF the first Roscoe train
robbery. They left town between and
O'Clock in the afternoon and got to Mr..
Comstock's place about IL O'Clock. She
was there until the last of January.
Comstock and Fitzsimmons did not
speak during that time, that she saw.
The witness stated that Detective
Brighton came to her home in the city
and tried to get her to promise to testify
that it Was not that night that she had
gone with the Comstocks.
Mrs. M. Packwood testified that the
gray overcoat in evidence was the prop
erty OF her husband until March, when
it had been given to AR. Comstock.
This was month after the robbery.
The hrst positive evidence of an alibi
was presented at this point by Mrs. @.
Champion. She said that her husband
and herself we're up in the mountain
camping The night OF the hold up,
February 18th, they were at Thorne's