The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-29
TESTIMONY IN THE TRUE CASE
PROSECUTION RESTS AND DE-
TENSE OPENS IT'S CASE.
Efforts to Impeach Witnesses For the
Government and to Establish an
Aibi-What Cullen Said.

The trial of James True for alleged
robbing of the mails was resumed yes
terday morning. The court room was
whom were present under subpoena as
witnesses
T. A. McEvoy, the express messen-
ger who was on the train Ut the time
of the robbing, was recalled and ex-
planned that what he meant by his
having a mental infirmity was that he
was badly worried, being out of work
and money. This was to explain con-
versations had some months ago. when
his statements seemed to conflict with
the testimony given Saturday.
W. d. Wolford, the mail clerk. told
of the robbery which came under his
observation. He believed James True
was the masked man who came up to
the car door and demanded the regis
tered mail sacks.
l.. T. Cullen was the principal witness
of the prosecution. He testified that
True out in San Francisco, had told
him that he was the man who did the
Uintah train robbery job, about which
there was so much in the papers. True
tried to get him TO go into another
train robbing scheme at Stockton with
him. saying that the main portion of
the job would be done by True and an
other confederate. He Knocked about
good deal of money.
FOR THE DEFENSE.
The defense took hand in the after
noon and devoted most of the time to
breaking the force of Cullen's testi-
mony.
Dave Levy testified that he was night
It'll CNAT
confined there, and that on one occa-
sion Cullen had said To witness that
True was innocent; that he had testi-
fled falsely against him at the first
trial.
Alex Wilkinson testified that in the
Senate saloon in the early morning OF
Dec. 10 last he had conversation with
L. T. Cullen, who said that True was
innocent, but that he and Waterbury
had to make a reputation out of this
case by convicting him; that they were
getting $500 a year apiece from the
government.
Joseph Hall and William English We're
present in the Senate saloon at this
time. but did not hear the conversation
of Cullen and Wilkinson.
Heber Wright testified that McFar-
land, the fireman, had told him he could
not describe the robber. Wright was
Wright said he would not believe him
under OATH
Sam Chapman of the Chapman House
had known Cullen a long time. and
thought him untrustwOrthy; would not
believe him under oath.
William Brown and d. NJ. Mckee
gave similar testimony.
Two dispositions from California par
ties tending to impeach Cullen were Of
fered. Most of the matter therein was
ruled out, but a small portion was ad-
mitted.
William Varness had met True in
California, and True was out of money.
The testimony was stricken out.
William Ayers told of meeting True
about s o'clock the evening before the
robbery, and the morning after $yhen
witness told True of the robbery.
Morris O'Hornett, stepson of True.
was put on to prove an alibi for the
defendant. whom it is claimed was at
home all the evening.
He testified that the defendant came
home about s o'clock and was at home
all night He said Mr.. and Mrs. Frank
Wadnian were in the house visiting
that evening, and they played cards
until after II O'Clock.
REPORTERS BARRED OUT.
At the close. Judge Marshall an
rounced the rule which Will hereafter
exclude from the railing all persons eX-
cept attorneys. their clients and the
officers Of the court. His honor ex-
pressly stated that the ruling included
newspaper men. The order was called
out by the large attendance yester-