The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-31
TRIAL OF TRUE NEARLY ENDED
TESTIMONY ALL IN AND ARGU-
MENTS COMMENCED.
Damaging Evidence introduced By
the Prosecution In Rebuttal-Ef-
fort to Disprove the Alibi Strong.

all in last night and the arguments
partly made. The prosecution put in
its most damaging testimony yester-
day in the form of rebuttal. The con-
test all day was largely over the claim
of alibi, with a little more testimony
to impeach Cullen and Mcfarland.
Joseph Lewis was the first witness.
He testified that on the first night of
Cullen's Imprisonment Deputy Sheriff
Levy was rot on duty and that Cul-
len was drunk when he was brought
in.
Mrs. Ramsey testified to giving Mrs.
True a flower pot but that the date of
the gift was prior to oct Is. This was
to discredit the testimony of witnesses
who said that when Mrs. True reached
home on the night of the robbery she
had d flower pot given her by Mrs.
Ramsey.
Mrs. Barrett of Salt Lake said she
rented Mrs. True a house on Sept. II,
for a month and that she occupied it
only about two weeks. She was quite
sure that it was not more than two
weeks The claim of the defense was
that she left on Sept. 2S for Ogden.
The defendant took the stand in his
own behalf and gave testimony tally
ing in most respects with the alibi
which the defense set up. He was at
home the night of Oct. Is. 1896. and
played cards with his wife and Mr.
and Mrs. Frank Wadman. He denied
ever drinking with Cullen or telling
him that he had committed the rob-
berry. Denied that he was in any way
connected with the robbery.
Being crOss-eXamined Mr.. True testi-
fed that he had worked for the Union
Pacific at various intervals since 1881
down TO 1891.
ha
was again called to testify as to GER
tain statements made by Mcfarland
IN the former trial touching the posi-
ton of the robbers mask at the time
of the hold-up.
Judge T. j. Anderson of Salt Lake
stated that he had been Cullen's at
torney when Cullen was held in Salt
Lake as a witness against True. He
denied advising his client TO make the
statement to a deputy sheriff that his
testimony against True had been false.
EVIDENCE IN REBUTTAL.
The prosecution began its rebuttaI in
the afternoon, and Mrs. True was re-
called. She could not remember what
She did on any evening following the
robbery; did not correspond extensive
ly; did not have a lot of letters on
hand which she examined.
Whitford G. Wilson was called for
liz All ptSE u lHptaILlilE Ii uG dS 10 d
certain conversation held in the potato
patch. He saw True two or three days
after the robbery. True said: I'm Jim
True, the man who held up the train
at Uintah."
Cross-examination developed that he
thought then, as now, that True was
joking.
Thomas Emmett testified concerning
the Jenkins house.
Joseph Lewis, who was connected
with the Jail at the time of Cullen's
Incarceration there, said Levy had
asked him if he could corrobOrate the
witness. Cullen was intoxicated at the
time he talked with Levy.
Deputy Sheriff Burt said Levy was
not present at the jail when Cullen
was arrested the first night. Levy's
testimony was 10 the effect that the
conversation occurred the first night.
Mr.. Child, boot and shoe maker,
gave testimony as to the dimensions of
SoleS. There could be no differences
detected by an Impractical eye between
a No. and a No. Q track in the mud.
Witness was instructed To bring some
different styles Of shoes into court to
assist in his cross-examination.
Heber Wright denied talking to James
Mcfarland about what ". b. McFar-
land had said to him about the rob-
berry.
James Mcfarland denied this.
D. d. Rowland. the engineer, testi-
fed as 10 the runs made by him and
his fireman. Mcfarland, between Oct. Is
and subsequent days. showing that Nc
Farland could not have been in ogden
any day after the robbery until Oct.
26, and consequently could not have had
the conversation referred to by Wright,
Skeen and Steele, the alleged convcrsa-
ton being that Mcfarland could not
recognize the man. Mcfarland had told
witness he suspected True.
T. NJ Wheeling. special agent for the
Union Pacific, said that about two
weeks after the robbery he had a con-
versation with Sheriff Heber Wright,
ar which the latter said he did not
know Mcfarland. on Saturday last
witness called the attention of Wright
10 this former conversation. and Wright
had net denied the former converse
ton. Mr. Wheeling also testified that
he was present when Mr. Waterbury
and Mrs. True were talking about the
connection of True with the robbery.
and Mrs. True had said: We have got
an abb fixed up
Inspector Waterbury testified TO a
conversation with Maurice O'Hornett.
at which he showed him one Of the
gloves picked up near the looted mail
matter O'Hornett had said he did not
know whether the gloves were his or
not Had conversation with Mrs.
True at the Jenkins house in March or
April OF 1897.
subsequently he talked with her alone
end again in Dir. Wheeiing's presence.
She said they had an alibi fixed up, and
she tod about the card game.
on cross-eXamination witness said he
told the ,ad-r who he was, a postofiice
Inspector come on business with the
Uintah train robbery.
Mrs True had said the card game oc-
Cured in u certain room, which witness
pointed out on a map. The room was
not the same as is now claimed the
game occurred in.
Mrs. True had said further: Il am
sorry my son is being dragged into
this. AS for Jim True. don't care. He
has not treated me right. have a good
mind TO tell all l know about this af-
fair" Mr.. Waterbury rad told her she
could not testify against her husband,
and he did not want to hear her testi-
mony.
AIR. Childs was cross-examined as to
the sizes Of shoes without eliciting
anything additional to his previous tes-
tTuo-y.
AN IMPORTANT WITNESS.
William Pearce. the foundryman who
lived near the jenkins residence, proved
10 be about the most important witness
for the prosecution put on during the
trial. He said that on the forenoon of
oct. l3 he lent his wagon to Joseph
Avey who informed him that Morris
O'Hornett, a steDson of True, was to
use il with him, and that they wanted
it for only an hour or two. The wagon
did not come back that night, and at
$50 the witness went over to the Jen-
kins house to see about il. He went in
nv the gate and up to the door, but
there was no light to be seen in the