The record-union., 1895-09-19
THE JURY DECLARED HIM GUILTY.
W. ]. Cook Yesterday Convicted of
Robbery.
1t Took Only Ten Minutes to Consider
His Case-He VIII Be Sem
tenced on Saturday.

The trial of w. J. Cook for the robbery
of Herman Bukkila was commenced be-
fore Judge Hinkson yesterday morning
District Attorney Ryan conducted the
prosecution and C. T. Gardner and +. G.
Castlehun for the defendant.
2. f. Scott, William n. Upton, L. Z.
Littlefeld, d. Rocca, d. Sayles, sam
Morris, ". J. Mitigate. William A. wall.
Nj. Rhoads, D. w. Crab, e. Ellis and
John Latham were accepted as jurors.
The robbery was alleged to have been
committed on the evening of July 9th In
the saloon of Cummings IL Maginnis, on
X street. by Cook and Whitley Hayes,
who held Bukkila and took his money
some S35-from him, and it was intended
to try the two together, but Cook de-
manded separate trial.
Bukkila's deposition had been taken
through an interpreter. III order that he
might be released from Jail, where he had
been confined as witness, and w. "A.
Anderson, attorney for Hayes, argued
against it's admission as evidence, claim
ing, first, that the law did not expressly
provide for taking deposition through
an interpreter, and also that Cook was
not represented by counsel at the pre-
liminary examination. de argued at
length on these points.
Judge Hinkson said that is would be a
singular assumption to say that the Leg
islature had passed a law under which a
witness who could speak the English
language could be allowed to make de-
position and secure his release, and an
other witness who could not speak the
language could not be released simply
because he had TO make his deposition
through an Interpreter.
In regard 10 the second proposition.
the records showed that Hayes was rep
resented at the preliminary examination
and cross-questloned Bukkila at the
time. Cook WAS also present and had an
opportunity TO crOss-question the wit
ness, as the law provides, had he chosen
10 do SO. The court would hold that his
rights were fully protected, and would
rule that the deposition be received in
evidence.
a recess WAS taken until 1;30, after
which the District Attorney read Buk-
kila's deposition.
Attorney Gardner asked that the Dep
uty Sheriff be placed on the stand TO tes-
tify as to whether he had used due dill
gence in trying to find Bukkila in order
10 have him testify at the trial person
ally.
The court held that it was too late to
make the motion, as il should have beon
done before the deposition was read to
the jury.
Henry Oster testified that he and others
were playing an accordion on the street
and were followed by Bukkila into the
saloon. He threw down some gold on
the bar and treated. Hayes put on bar
keepers coat and went behind the bar.
de took hold OF Bukkila's waist and they
were all punched up. Witness did not
want to be mixed up in the row and went
into another part OF the room. Bukkiia
went 10 the door and cried out thai his
money was all gone. Witness saw that
his pockets were turned inside out Cook
was somewhere in the crowd that was
scu1liing, but witness did not see what he
did.
J. p. Camp testified to the same effect
and TWO other witnesses did not seem to
know much about the affair.
Frank Mclaughlin testified for the de-
tense that row started about q round of
drinks that was not paid for. Hayes tried
TO collect money for the drinks and Buk-
kila hit him. Cummings asked Cook to
separate them and he tried to do so. Wit
ness could not see all of the fuss. He did
not notice Bukkila's pockets. Witness
knew Hayes and travelled with him
sometimes. He did not see anything OF
the row after Cummings told Cook to
separate The men. Bukkila went outside,
he should think, for five minutes, and
came back without his hat. Did not hear
Cummings say that the Russian had been
touched of. He could not tell whether
Cook took hold of Bukkila or not.
District Attorney Ryan made a strong
argument for the people and Charles +.
Gardner made the best argument for his
client that the case would admit, but the
evidence was too strong, and the jury,
after being out for ten minutes, found
Cook guilty aud he will be sentenced on
Saturday.