The record-union., 1896-09-30

window the cobblestone used in break
ing the glass.
Gerlach then identified Devine as
man who, ON the day before the rob-
berry, called at the store and asked to
see a diamond pin. Witness handed
him 800 pin, but Devine was so nerv-
Gus and acted SO strangely that the
witness became suspicious and took the
pin from his hand.
William ]. Cooper, a bartender at
Second and K streets, testified that
Holden and Devine were often together
in the saloon where he is employed. A
man named Hagerty and others were
often in their company. Devine came
to town about the time the State Fair
opened, but witness did not remember
seeing Holden until shortly before the
robbery.
On the morning after the robbery
witness asked Devine if the man HOl-
den, who stole the jewels, was not the
person he had known as O'Neil, but
Devine denied any knowledge of him.
A man named Heating had said some
thing to the effect that Holden and
O'Neil were one and the same.
Ike Zemansky, the pawnbroker, was
called and asked if Devine had pawned
with him a pistol four days prior to the
robbery.
Counsel for the defense objected, and
the court asked what was the object Of
such testimony.
City Attorney Brown said he wished
to show that a man who had talked
about buying 500 diamond had only
few days before pawned pistol for
small sum of money.
The question was allowed, and Ze-
mansky testified that the pistol was
pawned at his place. The entry in his
book showed the name of E NJ Devine
j. +. Dinan, the San Francisco po-
lice officer who arrested Devine in San
Francisco on the morning of the 24th
testified that he found Devine in
saloon on Grant avenue. He said, Gus,
l want you"
Devine asked what he was wanted
for, and whether it was to stay in town
or be sent away. The witness told
him he believed it was in relation to
something in Sacramento.
Well said Devine, 'if it is in re-
gard to that diamond robbery, l am
Officer Dinan also testified that there
was man in the saloon with Devine
when the latter was arrested, but he
slipped out and disappeared. Later,
when the witness returned to the sa-
loon, Hagerty was there.
Officer Douglas was called to the
stand and testified to having seen De-
vine and Holden together in the Rose
bud Saloon on L street
Officer Higgins testified that a torn
and blood-stained handkerchief were
taken from Devine when he was
locked up. The prisoner denied that
the handkerchief had been used to con-
tain a rock. He told the witness he
had pawned his pistol for So in order to
get money with which to buy food.
The case was argued, and Justice
Davis took it under advisement until
this morning
HOLDEN HELD FOR TRIAL.
When the case of Frank Holden
alias John O'Neil, alias E. Smith, alias
Michael Donovan, alias Kelly, alias
Riley-the man who broke the window
and robbed Wachhorst's store of the
case of diamonds-was taken up, Au-
gust Gerlach was called and testified to
the breaking Of the window and the
theft Of the diamonds. He could not
positively identify Holden as the man
of whom he obtained a glimpse when
the window was smashed in He re-
sembled him, however
W. j. Hogan identified Holden as the
man whom he intercepted while trying
to escape with the case of diamonds.
Il. F. Foran, the printer who assisted
in the capture of Holden, also identi-
fed him. The latter's hand was badly
lacerated. While taking Holden to the
police station the latter told witness
that If he ever got out again he would
dc him up
City Attorney Brown introduced in
evidence the prior convictions against
him, and officer Hardy testified that
Holden admitted to him that the "pri-
ors" We're correct, and that he was in a
tight place.
The defense offered no testimony. and
Justice Davis made an order holding
him to answer in the Superior Court.
with bail at $1,000
A RUMOR
1t is stated that when Gus Devine-
who was examined yesterday in the
Police Court on the charge Of COM
plicity In the Wachhorst diamond rob-
bery-was arrested in San Francisco
scme diamonds were found on his per-
sen.
1t is also stated that it has been dis
covered that the bulk Of the stolen dia-
nonds were sold to the keeper Of a
''fence" in San Francisco for 500.
This may all be true. but if diamonds
were really found on Devine, where are
they now? Who found them? Is it
possible that such an important discov-
cry was made by the San Francisco
officers and the proof withheld from
the officers here?
If such a thing occurred 1t should
have been brought out at the exam
iration of Devine yesterday, but the
City Attorney had not been armed with
proof thereof.