The San Francisco call., 1896-06-12
Witness Took a Shot at Mccall
to Prevent Him Killing
a Man.
THE WOUNDED UNDER SHERIFF
Earl Daggett Relates His Experience
With the Bandits on the
Eventful Night.

VISALIA, CAL, June 1L.-When the
trial of ST Lovren was resumed this morn
ing Judge Gray stated that he thought he
had made an error in admitting over the
objection of defendants attorney the tes-
timony of Britt that Mccall told him that
Lovren furnished the red cloth with which
the lantern was covered, and the first
half hour was consumed in the discussion
of the point by the attorneys. When the
jury was brought in, the court reconsid-
cred its rulings on the subject and all the
evidence given by Britt about what Nc
Call told him as to where he got the red
cloth and where part of it was left was
stricken out and the jury was instructed
to disregard it.
Britt was then called to the stand for
further cross-examination. He did not
know that any officers would be at Goshen.
Mccall told him that Lovren would bring
the gun out to the gate and for him to
stay at the cabin, and he did so. Witness
did not remember what was done with
the masks, sandals. sacks, etc., during the
day. In answer to a question by Juror
Lovelace, the witness said that at no time
had Lovren agreed to go with them to
Goshen, so far as he knew.
Mr.. Kinds here read from the testimony
given by Britt at the preliminary ex-
animation TO show when the plans were
changed as to what train should be
stopped. Britt said he mentioned Lovren
and ArdelIs names in the conversation he
had with Sheriff Merritt. The first inter-
view with Sheriff Merritt was on the Fri
day evening prior to the robbery. The
witness was introduced to Ariell the
latter part of January and at later date
to Lovren. Tne last time the witness had
talked with Lovren before the robbery was
the latter part of February. Britt said he
and Mccall and Haynes talked about kill
ing the engineer and fireman. The wit
ness was present when the dynamite was
delivered to Mccall by Haynes. 1t was
agreed that the fireman was to be made to
come down and turn his face to the train
and be killed. Mccall thought it might
be better to kill the fireman at once. 1--WE
thought it best to have the engineer open
the door to the express-car and then kill
him.
The witness told this to the Sheriff. but
did not testify to this at the preliminary
examination. Britt understood that he
was to get one-third of the booty. Wit
ness said he shot at Mccall while at
Goshen to keep him from killing man.
Britt said he tried to kill Mccall. He was
a little more than three or four yards from
Mccall when he shot at him. The gun
had about twenty buckshot in it. He did
not hit Mccall. The latter grumbled
some and told him TO be more careful.
A. T. Fowler testified to seeing Dan Nc
Call and Frank Davenport near the scene
of the robbery the preceding Sunday. The
men drove into a field, returning in half
an hour.
DR.. Blodgett of Tulare identified the
bullet taken from Under Sheriff Daggett's
body, and the bullet was admitted in
evidence.
w. W. Wright, the engineer, testified
relative to the fight between Mccall and
the deputies, Daggett and Reid.
NJ. L. Weaver, a gunsmith, identified
the guns.
Earl Daggett, Under Sheriff, said: son
the night of March Is I was at Goshen
with Deputy Sheriff Reid. We went to
Tulare on the midnight train. We were
in the coal tender. After leaving Goshen
we suddenly heard noise as if some one
was calling. Looking around we saw a
man on the rear of the tender. Just then
I was shot. 1 shot at him, and the last I
saw OF him he went up in the smoke.
Reid and myself went down to Goshen,
under direction from Sheriff Merritt. Britt
had intimated to the Sheriff that the plan
of the train-robbery might be changed.
Besides he thought it more probable that
the southbound train rather than the north
bound might be held up, for it carried
more treasure than the southbound. It
was not the understanding generally with
the Sh eriff and his deputies that the
northbound was to be held up. Didn't
see Call or Britt at Goshen"