The herald., 1898-11-29
ALLEGED FooTPADs RELEASED
NAV Have Committed Assault but
With Other Intentions

Dan McCarty and Herbert Wright were
tried Yesterday for assaulting Mrs. Rachel
j. Crank near Sierra Madre with intent to
commit robbery Assistant District Attor-
ney Williams appeared for the prosecution
and Il. H. Furong for the prisoners.
Mrs. Crank not being present on the open
ing of court. the transcript OF her testimony
at the preliminary examination was read
bv consent. and showed that she was held
up by two men on the evening of Oct. lst
when driving from Monrovia in her buggy.
On that occasion one of the men poked a
revolver in her face and asked her il she
saw that; she saw it. but after some con
versation. she took the whip, gave the horse
a cut and broke away.
One man was at the horses head and the
other beside the buggy, but both were taken
by surprise and left in the lurch. No de-
mand for money or goods was made, the in
ference being that the horse started so
quickly that the footpads had no time
for it.
Later, Mrs Crank having arrived in court
retod her story, saying the men overlook
her while she was sitting in her buggy wait
ing for her little boy. who had got out at
the side of the road. She recognized Nc
Carly as the man who presented the re-
volver at her head.
Sheriff Burr testified to the arrest of the
two men and the Identification OF McCarty
Immediately thereafter by Mrs. Crank as
one of her assailants.
j. c. Ragsdale was called and swore that
he was held up by the two defendants on
the same night, but he knew nothing Of their
later attempt to rob Mrs. Crank. He was
therefore excused and his testimony stricken
out, as having no bearing on this prosecu-
ton.
Herbert Wright, one of the defendants.
swore that he, in company with McCarty
and Charles Pearson, was at Lamanda Park
on the night in question and slept in the
depot, about a half mile from where the
hold-up is said to have occurred. but never
saw Mrs. Crank until after his arrest. He
declared he was not one of the men who
assaulted Mrs. Crank. but was arrested
with his two companions next morning at
the depot on suspicion.
Dan McCarty, the other defendant. testi-
fled to the same effect. Pearson was to have
been witness for himself and Wright. but
McCarty alleged that "they had got him out
OF the country to prevent him from giving
evidence,' this act being attributed to some
of those interested in the prosecution. Ore
of the three revolvers McCarty identified as
his and the other two as belonging to Pear
son. The latter had been sent to Jail for
ten days for vagrancy, but left town as soon
as released.
Mr.. Williams appreciated the fact that
the identification was incomplete: he had
no doubt the men We're there and stopped
Mrs. Crank in the road, but with what in
tention he could not say He did not ask
for conviction on the evidence.
Judge Smith intimated strongly that the
men had doubtless intended to mistreat the
woman in some way other than that men
toned in the information, but agreed with
the district attorney as to the nsufficiencv
of the evidence. and at his request the jury
returned verdict of not guilty without
leaving their seats. The defendants were
thereupon DISCHARGED.