The herald., 1894-06-10
He said. There's something in it,

HE said, There's something in it.
81 said, No, sir. and he went on.
81 met John Comstock after the rob-
berry at the Cape Horn saloon, in this
city. He said:
1--WE got plenty OF money now Then
he pulled out handful OF Mexican
money or 'dobes.' There were about Is
or 16 OF them. He looked for some
small money, but could not find any
and put the money back in his pocket.
He was looking for some change, to get
q glsss of beer.
HE said: Why don't you take your
rife and kill that Snyder. who burnt
your house up?'
81 replied that he did not burn my
house. did not want to kill him."
The cross-examination OF the wi moss
was quite long, and counsel exerted
themselves to tangle him up on his state
ments, but he stuck to them with but
little variation. He admitted that he
had been in the company OF ex- Marshal
Gard, and had received various small
sums of money from him for his ex-
penses and travelling about.
Deputy Clerk w. A. Hammel testified
that he was one of the party that went
up the Little Tejunga cafion to arrest the
defendants. He was present when De-
tective Bowler arrested Fitzsimmons.
He related the conversation that oc-
Cured at that time and in the city Jail
the next day. 10 these conversations
Fitzsimmons denied having had any
thing to do with the robbery, and
claimed to have been at homo on the
nights OF both Roscoe robberies.
Detective Bowler was recalled, and
testified that he and Marshal Gard ar
rested Comstock at his house, and
Thorne at his house. He and Hsmmsl
arrested Fitzsimmons at the mouth of
the Big Tejungs, he being in a wagon
in company with his wife and others.
He also detailed conversations with
Fitzsimm mons.
Harry Johnson testified that he was
present when the defendants were ar
rested. He found at Comstock's mine
sticks OF giant power, some fuse and
caps.
The defense admitted that the articles
belong to Comstock.
The box containing the giant powder
and other things was brought in and
identified by the witness.
Mr.. Johnston stated that Comstock's
little boy directed him to the place
where the powder was found on the
mountain.
James F. Realing, deputy United
States marshal, testified that he assisted
in the Comstock arrest. He had
search warrant and found a number of
articles which were introduced in evil
ence, q pistol, horseshoes, files, two pairs
of gloves. an old white hat and two nose
bags made of gunny sacks.
VIM. ID. Stiles, living up in the Gold
cation q quarter Of q mile from Henry
Kegel, testified that he knew the defend
ants and Detective Brighton. He went
with Brighton to Fitzsimmons' house on
March Oath. There was some converse
ton in which the train robbery was
mentioned. 1t was about the time Alva
johnson was arrested. One OF the de-
PENDANTS said the father ought to be
prosecuted for betrsying his son. Mr..
Brighton spoke about times being hard
and Mr.. Thorne said it was not hard
times with them. In speaking about q
plan to make times better Mr.. Thorne
said he was not afraid to "throw a
rope" and Mr.. Brighton said 'look me
in the eye and see if am either" They
were all drinking white wine.
Elk Marshal George E. Gard was
sworn and testified that he is the same
man who has been referred to az the
late United States marshal. He de-
scribed going over the trail OF tracks
that led from Roscoe up towards the
Tejunga cailon. He also detailed the
arrest of the men.
The trial will be resumed Monday
morning.