The herald., 1898-11-19
READY FOR ARGUMENT
CLOSING TESTIMONY IN THE ORC
GRANDE HoLD-UP TRIAL
BENNINGTON'S POINTED SHOES
Both Defendants Stoutly Deny Com
plicity-Defense Puts in Its Tes-
timony-To the Jury Today

When the district court convened ycster
day morning Judge Wellborn denied the
motion OF the attorneys Tor the defense, tC
instruct the jury to acquit the defendants
Halle and Casner because OF insufficient
evidence, made the day previous. in the
train robbery case, and the trial was re-
sumed at 1890. The impression left by the
story of Bennington on the witness stand
is that he did not tell all he knows, and
this impression deepcns as the trial pro
ceeds. Bennington appears nervous, pale
and agitated, naturally from his position.
but he also shows fear OF the accused men,
which may have induced him to withhold
some of his knowledge OF their actions.
The effort Of the prosecution in the morn
ing in the cross-eXamination was to prove
that Halle was one of the robbers at the
train and that he mounted Jones racing
pony, which Mrs. Burton heard running past
her house at a. M; that he reached the
saloon and got into bed before the officers
and the villagers were aroused.
i c.. King. special officer of the Santa
Fe. was recalled and testified explicitly about
the size and shape OF the shoes found III
Uaile's room. Frank Holcomb. sheriff of
San Bernardno county. who commanded
the posse that searched for the robbers, was
the first witness for the defense He testi-
fed concerning Casners actions and re-
marks on the trip.
After they found the tracks at the cattle
bars. witness asked Casner who wore point
ed shoes in ORC Grande. Casner answered,
kid Bennington They then planned to
arrest Bennington. who. Casner said. would
be sure to come to the saloon when he re-
turned to Orc Grande. The next night
Bennington appeared and was placed under
arrest on a charge OF train robbery.
J. +. Graves. station agent at Orc Grande.
testified to going to Halc's saloon the morn
ing of the robbery. accompanied by his wife
and a brakeman. to call Casner. who is con-
stable and deputy sheriff, and of finding
Halle there. who was the first to answer
the summons.
Edwin Devron told of Casncr's calling at
his house at a. M, April Goth, to borrow
his gun, that there had been hold-up.
The evidence of c. II. Frost, brakeman on
the train. was unim portant. When he heard
the train stop and became convinced they
were in hold-up, he took the precauton
to go into the Pullman and hide his pocket
book in a safe place, and then went to Orc
Grande on handcar, with two or three
]. P. Jones. father of Toll, was recalled
to corroborate the facts OF certain fishing
trip which he and his son Club" Halle.
Chambers and Bennington took from Orc
Grande to Victor after dark one evening
lust previous to the robbery. This evidence
was introduced to show that the darkness
and the distance of the wagon road from
the railroad track made it impossible for
the quarry and ask Halle how that would do
fer a hold-up. and Haile's replying. "The
best in the world" This was part OF Ben
nngton's testimony the day previous.
j. p. Chambers. section man at Point OF
Rocks. or Helena. ten miles below Oro
Grande. one Of the fishing party. corroborat-
ed the foregoing evidence but heard no con
versation on the back seat between Benning
ton and Halle.
Albert Casner one Of the prisoners. was
then called He is SO years old. has been a
butcher and saloon keeper at Oro Grande.
though at present he disclams any connec-
ton with Haile's saloon. except that he slept
there to save room rent, and, as it developed
in the evidence later. is nephew OF Halle
Casner denied having written the letter to
Murphy that the latter testified to the day
before, IN which he spoke OF holding up a
train, He went to bed early the night before
the robbery, but heard Bennington come to
the saloon for beer. and the conversation
about the time OF night. He could not tell
whether Halle came to bed after Benning-
ton LETT. but he awoke in the night and rose
to get a drink of water. and Hale was in
bed then. When the station agent awoke
them in the morning witness got a six-shoot-
ct and. giving it to Halle, told him to come
along to the hold-up. He told in detail of
their efforts to get guns and shot and of 60
ing to the quarry where the robbery oc-
Cured. 1t did not occur to him that Ben
nington was concerned in it till he saw the
track of a shoe. very sharp pointed at the
toe. which witness said no one in Oro Grande
wore but him.
The details of the days procedure were