The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-21

The defense in the trial of James
True yesterday sought to prove that
on the night the Union Pacific mail
train was held UP and robbed near
Uintah station, the accused was play
ing cards with some neighbors in the
sanctity of his own home.
The wife, son-in-law and father-in-
law of True all gave testimony yester-
day which tended to prove an allbl.
Counsel for the defense also sought to
prove that L. T. Cullen was guilty OF
perjury when he swore that True had
confessed to him that he was guilty OF
the Weber canyon train robbery. An
interested crowd filled the court room
seats, and watched with apparent rel
ish the developments of the trial
j. w. Woodford, the postal mail
clerk, was recalled by the prosecution,
and said that when he referred in his
testimony to the gun held by the rob
Der he, of course, meant a pistol. AT
this point the prosecution rested.
Attorney Hamilton explained to the
jury what the defense expected to
prove. I'VE will demonstrate, he said,
that on the night of this robbery
James True was at home, and that he
remained there all night. We will show
that Fireman Mcfarland had a braWl
with the defendant and bore him a
grudge. Lastly. we will show that L.
7. Cullen sWore falsely, by his own adj
mission, to Jail official, when he said
that True confessed that he was guilty
of the robbery"
William Ayres of Ogden testified that
on the night of Oct. 13, he ate supper
with True, and did not leave him I'M
til 7:90 In the evening. He also claim
ed that he saw the defendant again
the next morning, at about o'clock.
When cross examined, Ayres suddenly
became convinced that it was on Nov.
Is that the robbery took place.
A SON-IN-LAW.
J. M. O'Hornet, a son-in-law to True,
was then called by the defense. He
stated that on the night of the robbery
True went home at s o'clock, and
played cards until II, with Mrs. True,
and Mr.. and Mrs. Woodman of Ogden.
He saw the defendant the next morn
ing at the house.
O'Hornet was asked by Attorney Ma
ginnis regarding his having used Mr..
Pierce's wagon on the night of the rob-
berry, but he met this with a fiat de-
NAL. He admitted, when questioned
further, that he had used the Pierce
wagon frequently, and that Mr.. Pierce
had implied that he was implicated IN
the robbery.
MY mother and grandfather, he
said, had a dispute over the statement
that [ had had a part in the robbery.
and that is one reason remember the
date so well.
O'Hornet denied having identified a
glove near the scene of the robbery as
belonging to him What l told Water
bury" he said, was that I did not
recognize it,
Attorney Hamilton made a motion,
after the noon recess, that O'Hornets
testimony about the wagon and the
glove be stricken out, as it was not
proper cross-examination, but the court
held that Hamilton ought to have got
that objection in several hours sooner.
The. examination Of O'Hornet was re-
sumed, and the witness said that he
told Waterbury he had been out in the
wagon after pumpkins, but it was not
the 18th
THE WIFE ON THE STAND.
Mrs. True, wife of the prisoner, testi-
fed that True was at home on the
night of the 18th, and played cards IN
til II or 1 o'clock, at which hour he
retired, and did not get up until in
the morning.
Mr.. True left for California in No
All the money he had was So, which l
gave him at the time he left"
Mrs. True said she remembered the
date of the robbery, when questioned
by Judge Maginnis, "on account of her
fathers saying that her son was &C
cused of having been implicated in 1T.
She claimed that she had not told In
spector Waterbury that he could dc
nothing against True, because she had
CHI he
Woodman's, she said it was to verify
the date or which they were there, in
order to clear her son Of suspicion
Several letters which had passed be-
tween Mr.. and Mrs. True during the
defendants absence were introduced
as was also an affidavit she gave to
Waterbury at the time of True's arrest
in California.
The affidavit, she said, was all right
except that she did not tell Waterbury
that she told her husband it was lucky
he was out of town, as he might have
been expected.
81 told Mr.. Waterbury that was
wrong" she said, before 1 signed it.
and he told me it would not make any
difference. He said he wanted the af-
fidavit and the letters in order to prove
my husbands innocence
William Brown. Samuel Chapman
and David Mckee joined in testifying
to L. T. Cullens reputation for probity
was bad. Chapman admitted that Cul-
len owed him a board bill, and the
district attorney implied that it was the
ranking caused by the unpaid overdue
that gave him his intense desire to
testify against the Irishman. Mckee s
chief distress regarding Cullen was be-
cause the Irishman left a CARLOAD of
unpaid whisky bills wherever he Went
DEPUTY SHERIFF LEVEY.
Deputy Sheriff David L. Levey was
the next witness placed on the stand
He said Cullen, while under his guar
dianship at the county Jail, confessed
that True was innocent and that what
he said about True's telling him he
robbed the train was all false. He said
he had given that testimony to get
even with the Union Pacific. After his
release he went to Levey's house and
stated that he had left some infor-
nation with Judge Anderson that
would prove Trues innocence.
David became angry when the cross
examination was begun by Attorney
Maginnis, and lifted his voice in large
and lofty accents.
did you not ask Joe Lewis to verify
you in your statement that YOU Were
on duty the night Cullen was taken to
the county jail?" asked the district
attorney.
mo. I didn't. I asked him if he re-
membered a conversation between
Fitzgerald and me. 1 did it to clear
an innocent
And did not Joe Lewis tell you
interrupted Attorney Maginnis, "that
you were not on duty that night?"