The herald., 1894-04-01
IA AND "DAD" DISCHARGED,
tom Of the Roscoe Train
Robbery Case Knocked Out.
Alva johnson and George Smith
Prove Sufficient Alibi.
THE Chain of Suspicious Clreumstanoss
Not strong Enough TO stand the
Test-M J0hnson's JOY
Over the Result.

The morning In Justice Bartholo-
news court yesterday was pretty well
taken up in knocking out the complaint
against Alva Johnson and George
Smith, charged with the Roscoe train
robbery.
There was still much interest mani
tested by the public in the case, for by
o'clock the court room was again we'll
filled. and soon became packed.
II was the general feeling that the
prosecution had not connected the de-
iendants very strongly with the crime,
but the way the court wo uld look at it
gave enough of an element OF doubt to
keep the interest keyed up.
G. q. Stephens made short argu-
ment III support OF his motion to dis
miss the charge, but upon the courts
abatement that he preferred not to make
his decision until after the defense in
troduced testimony If they were going
TO do 80, the work of proving Gn alibi
for the defendants began.
r. N, Wilson, an attorney, was first
called. He said he had been acquaint-
ed with Alva johnson for a year. His
reputation for peace and quietude was
good.
Benjamin lie Grange. the fireman on
the train that was ribbed, was called by
the defense and was asked whether
either OF the defendants corresponded
in general appearance to the men who
held up the train.
He replied that neither one OF the
men corrssponded in general appear
ance to the robbers, and in his opinion
they were not the men.
Harry Edgar, the express messenger,
was asked the same question. He re-
piled that he did not think either of the
defendants were. the men who robbed
the train. The height and size corre-
sponded quite closely, but he did not
think they were the men.
j. l.. Bryant, residing at Big Tejunga
csflon, two miles from Alva johnson,
testified that his reputation for peace
and quiet is good.
s. A. Waldron OF Los Angeles knew
George Smith in Antelope valley for
eight yoars, and his general reputation
for peace and quiet was good.
II. A. Johsnnsen and @. E. l. White
OF Los Angeles testified that George
Smiths reputation for peace and quiet
for eight or nine years is good.
THE DEFENDANT ON THE STAND.
A.va johnson, the defendant, was then
sworn. He was very self possessed.
II sm one OF the defendants" he said,
sand live in the Big Tejunga. have
lived there 10 years. l WAS arrested
three or four days ago. On the night of
the 10th OF February, the biggest part
OF the night. / was at home. l left the
feed yard in town about o'clock
in the afternoon. and after buy
ing Home grncaries in about
an hour started home with William
(Jack) Thompson. arrived home about
10 O'Clock. | was not at Roscoe the
night OF the robbery, and had nothing
to do with the train robbery.
II came into town the day before the
10th, If l remember right. Thompson
came in with me. He had been working
for me. He came to the yard and aaked
me for work and gave it to him.
II am man OF family. My wife is
that one there with the bonnet have
five children, three OF my own and two
stepdaughters."
The defendant described his horses
and wagons and then proceeded to tell
the road he took on his way home, show
ing that he had not gone by the road
that would have taken him near the Mr..
Haynes who Was camping out.
''In going out of town" he said, II
went up the Verdugo cafion and took
the Michigan avenue or upper road
home. l did not drive past the camp
described by Mr.. Haynes. 1 drove on
the upper road. and it must have been
about o'clock when passed by ON the
upper road opposite where he was
camped. The track he followed could
not have been my track"
On crosa-examination the defendant
said he WAS about an hour after he left
the corral before he got out of town. He
did not stop at the Three-Mile house ON
the way out. He got to Verdugo store
about 8 O'Clock. 1t was about % miles
to his house from Los Angeles.
81 don't know where Thompson is
now" he remarked. II wish l could
tell you. l saw him last March, the
9Th, at the water suit l afterwards
went to look for him on a street-I
don't remember the name did not
find him."
'Can you remember the name ?''
''No, sir. Perhaps Mr.. Beecher can.
He has been trailing around about
this"
what wages did you pay Mr..
Smith ?"
II made no agreement with him
when we went out. l told him he