The record-union., 1896-02-20
BANDIT BRADY SHED TEARS.
Affected by Attorney Jones' Kind Words
for Him.
Harmens Held to Answer for Grand
Larceny Fixed at
$4,000.

tor darmenS, as he now calls himsel)
mas been undergoing examination for
seereting the $52,00 Of Wells Fargo
money found by him in Yolo, was
densely packed yesterday morning long
before Justice Henry ascended the
bench.
When the court opened Attorney
Sprague for the defense recalled Jack
Brady, the bandit who robbed the over
land express train, for further cross
examination in regard to the spot where
the money had been buried by him and
his pal, Browning. Brady was exam
1ned as to some of the minor details of
the planting of the money, the locality,
ETC., but nothing new was brought out
HARMENS' CONFESSION.
Sheriff Johnson was then called by
the prosecution and related some of
the facts about his visit to Yolo with
Detective Thacker, in company with
Harmens, about ten days ago. The lat
ter told them that when he found the
money it was lying on the top of the
ground, covered with leaves and rub
bish, just as described by Brady, one Of
the robbers. The spot pointed out by
Harmens was the same shown the Off
GERS by Brady when he told them Of
having planted the money.
Mr.. Johnson then went over the con-
versation that occurred between De-
tective Thacker, himself and Harmens
on the day they visited the latter's
former camp in the winows. The Sher-
ifs testimony as to the interviews be-
tween Harmens, Thacker and himself
was about the same as that given so
fully on the preceding day by Thacker
He said he had since had very little
to say to Harmens, and that at no time
had any inducements been held out to
the latter to tell all about the finding of
the money and what he had done with
it.
The Sheriff's visit to San Francisco
and the recovery there of Harmens
effects, the notes for moneys due him
from parties to whom loans had been
made, ETC., were also gone over again.
Mr.. Jones asked the witness where
Harmens said he obtained the money
which he had lent to Kordt and Peter
sen.
SPRAGUE OBJECTS.
To this Mr.. Sprague objected, and ar
gued that the prosecution had no right
to introduce testimony on this point,
as the disposition of the money cut no
figure whatever. The purpose of the
prosecution, he claimed, was to get in
testimony that might be of benefit to
them in the civil suit which they have
instituted against Harmens He fur
~ther contended that any appropriation
of the money in San Francisco could not
be within the jurisdiction of the court
in Sacramento, where the defendant is
being examined for grand larceny COM
mitted here.
Mr.. Jones insisted that he had a right
to follow the money anywhere and
show, if possible, what c1e defendant
had done with it. Harmens brought
the money to this city, which gives the
court jurisdiction of the case. The
guilt or innocence of the defendant de-
pends entirely upon whether or not the
money with which he operated was the
property of Wells, Fargo & Co. If Har-
mems had admitted that the money he
lent to parties in San Francisco was a
portion of the Wells Fargo money that
he found and appropriated to his own
use, the prosecution had right to
show it.
WELLS-FARGO MONEY.
The objection was overruled and the
witness said that Harmens admitted
that the money he lent to Kordt and
others was a part of his Yolo find
While on the trip across the river
Harmens made the remark that it
would have been better for him had he
accepted the express company's offer of
one-fourth of whatever portion of the
money might be found to the person re-
storing it, instead of keeping the money
spending it and getting into trouble
THACKER AGAIN.
At the afternoon session the defense
recalled Detective Thacker for re-cross-
examination. The first question he was
asked by Mr.. Sprague was whether
Wells, Fargo & Co. had ever recovered
any money beside that TO which he had
testified.
Mr.. Thaeker replied that in July of
last year S1S,090 was dug up in Yolo
County by persons in the employ of the
company, but he was not present. The
spot where it was found was shown
him, however.
To an objection by the prosecution
Mr. Sprague said he wanted an oppor-
4unity to prove that some of the money
was taken by someone other than Har-
mems.
The witness was allowed to describe
the appearance of the hole where the
searchers found the money that had
been reburied. supposedly by Harmens.
The money had been divided and buried
in places thirty or forty feet apart.
There was a camp near by but not the
one that had been occupied by Har-
mems A number of old cans were
found about there that contained old
clothes.
BURIED CANS
Were dug up all around there within a
radius of a hundred yards. A man had
admitted to the witness that some of
the cans were buried by him. 1t was
not Harmens.
An old knife had been used in digging
the holes, and it was produced by the
witness.
On redirect examination the witness
and that no one had ever admitted TO
him that he or they had dug any Of the
holes in which money was found by the
searchers. The place where Harmens
said he had buried the money was about
80 yards from where Brady said he
and Browning had originally secreted
it,
NO DEFENSE TESTIMONY.
The prosecution here rested and of
fered to submit the case to the court
without argument
Mr. Sprague, however, made an argu-
ment, in which he declared that the evil
dence introduced by the prosecution
was not such as to warrant the court
n -.