The record-union., 1896-07-31

mad, and took the witness across the
river to the Yolo side and unearthed
the powder. Hunters had up to that
point pretended that he wanted to buy
the powder and shoes, but after the
stuff had been produced he read the
search warrant to Carroll and took
possession of the plunder and placed
him under arrest.
The witness asked him if he did not
think the goods were stolen, and Car
roll replied that he didn't think any
thing about it-any id fool would
know the stuff was stolen. He insisted
that he had found all the goods buried
in the sand by the rivers edge.
On cross-examination witness denied
that Carroll said he would not be fool
enough to openly sell articles he knew
to be stolen
officer Hayes, who accompanied
Hunters, testified to about the same
effect except as to what took place
was not present.
Mrs. Gillis, who occupies the upper
floor of the building in which Geiser
&, Kaufman's store is located, testified
concerning a ladder in the rear of the
building, which had been tampered
with about the time the store is sup
posed to have been robbed.
The prosecution then introduced
testimony by a number of persons, old
and young, living down the river, to
prove that Carroll had sold them shoes
from the Geiser & Kaufman stock. To
some of the purchasers Carroll stated
that he found them buried on the Yolo
side of the river.
Rosa Prudy, one of the purchasers,
stated that Carroll told her he had
bought a lot of shoes at Red Bluff
for So
Archie Bull and William Butler, who
live on the Heiser ranch on the Yolo
SIDE testified that Carroll offered to
sell them some powder, and told them
he had considerable powder for sale.
A few days afterward Carroll took
down keg of twenty-five pounds to
their ranch, but as the powder was
caked they did not buy it.
Deputy Sheriff Max P Fisher was
next put on the stand, and was asked
in regard to statement Carroll made
to the District Attorney in his pres
ence. (The statement was published in
Iu1l III H..
Attorney Prewett asked the witness
if any inducements had been held out
to Carroll to make the statement, but
Fisher positively asserted that no in
ducements nor promises of any kind
had been held out to Carroll.
Frank J. O'Brien, stenographer and
clerk in the District Attorneys office,
was called to the stand and read the
notes from his book bearing on such
portions of the statement as related to
the case In issue. In 1T Carroll stated
that Mrs. Ca1lendine went down to his
scow and asked him to go to her house
and take a. lot of stuff down to his
scow and sell it. Carroll was to re-
ceive one-half OF the proceeds.
The statement was TO the effect that
Mrs. Callendine and himself, at about
. O'Clock in the evening, in the back
yard of the Callendine premises, dug
up five kegs of powder, and that Mrs.
Callendine then loosened a board in
yard closet and lifted out two sacks of
shoes; that the shoes had become moldy,
and that they put the stuff in the cart,
along with a bundle of new red garden
hose and an agon-shaped steel bar,
which Mrs Callendine took from the
ground by the fence and the closet,
where it had been driven into the
ground point first and some coal put
over the spot. That Mrs CaHendine
went with him in the cart to his scow;
that they carried the goods into the
scow; that on the next morning Mrs.
Callendine (having remained on the
scow during the night asked him to
take her out boat riding; that she put
this steel bar into the boat and asked
Carroll, when they were in the middle
of the stream, to throw the bar over
board, making the remark, There goes
the last evidence against Callendine!
They will never be able to bring that up
against himi"
District Attorney Ryan was next called
to the stand. He stated that Sheriff
Johnson reported to him that Carroll
wanted to see the District Attorney,
and that Carroll was taken to his of
fee, where he expressed a desire to
make a statement in regard to his tes-
timony on the first Callendine trial
also in relation to the goods found in
his possession. Carroll he said, made
a voluntary statement No inducements
or promises of any kind had been made
to him by anyone.
This closed the case for the people,
and the defense will put in it's testi-
mony this morning. The probability is
that the case will be concluded to-day