The record-union., 1898-05-12
THE FARM -PLUNDERER DAVIS
MUST STAND TRIAL FOR THE
CRIME OF BURGLARY.
Was too Heavily Loaded With An
wills to Escape the
Officers.

was yesterday filled with a crowd of
farmers from the southern and western
portions of the country to listen to the
preliminary examination of Henry Da
Wis., alias Frank Thomas. Davis was
arrested about ten days ago by Deputy
Sheriff Warren of Brighton for break
ing into several ranch blacksmith shops
in the vicinity of Florin and stealing
therefrom anvils and other tools.
| In the absence of District Attorney
Frank d. Ryan and Assistant ]. Charles
Jones, who We're otherwise engaged, the
examination was conducted by Frank
| O'Brien, the youthful clerk in the Dis
trict Attorneys office The defendant
was represented by Attorney Charles
NJ. Beckwith.
| The first witness for the prosecution
was John Davies, who swore that on
Sunday night, April 9th, he locked his
| blacksmith shop, and on entering it the
| next morning found that during the
night some one had stolen his anvil.
In company with Deputy Sheriff War
rem and several other citizens they
! followed a peculiar wagon track lead
! ing from near his place to Lafayette
! Derr's watering trough. and thence
/ several miles south until they came
upon the defendant, who was camped
about ten miles from this city, his route
| being toward Stockton
On examining the defendants shoes
they found that the soles of his boots
made impressions in the dust just like
those found at Mr.. Davies blacksmith
shop. On following these footprints
through a dusty field they found the
defendants horse and wagon, two an
wills and some other blacksmith tools
near by.
The defendant then and there ac-
knowledged, in the presence of three
other witnesses, that he had stolen Mr..
Davies anvil, and had also on the same
night broken into the shop of Mr..
Stubs and taken the latter's anvil
Attorney Beckwith made a strenuous
objection against admitting any admis-
sion made by the defendant, on the
ground that such admissions were not
voluntary, and that the defendant was
| in custody at the time.
Mr. O'Brien replied that it was not
! likely Mr. Beckwiths client would be
so considerate as to surrender himself
to Sheriff Johnson or any other peace
officer and say, II am the man who
fendant had admitted to others the
taking of Mr.. Davies anvil, with the
remark, Il see now that 1 am in for it,
and might as we'll make the best of it
and tell the truth" that it was clearly
voluntary admission.
Judge Foster held that Mr.. O'Brien's
point was we'll taken, and overruled
| the objection.
| Deputy Sheriff Warren then testified
and besides corroborating John Davies
testimony, he stated that after he had
taken the defendant into the Justices s
Court to be arraigned on charge OF
burglary, and Justice Foster wishing
to establish the degree, the prisoner
blurted out: "It was half-past II o'clock
last night when I got them, and if it
will help me any I will plead guilty
to petit. larceny right now.
County Detective Max P. Fisher testi-
fed that the prisoner had stated that
the anvis were not worth over $50
and that it ought not to be more than
petit larceny The defendant had writ
ten and signed a statement that the
rig used by him he had brought from
San Bernardno, and that he had never
been in Sacramento County until two
days before his arrest.
On the contrary, said the witness. an
investigation made by himself and
Sheriff Johnson showed that the de-
fendant and his outfit had been seen
on the different roads in this county
for the last six weeks. Mr.. Fisher
further added that the shafts attached
to the wagon had been stolen from
William Menke's place. near Brighton,
and that a lot of tools found in the
wagon had been stolen from a rancher
near Hicksville month ago.
Lafayette Derr testified to having
heard the defendant say that he had
some money. but wanted to raise the
wind" sufficiently to enable him to
reach the Klondike, and for that rea-
son he had stolen the anvils and tools.
This closed the case for the People.
The defense offered no testimony, but
Attorney Beckwith argned at length
motion to have the case dismissed.
Mr.. O'Brien briefly reviewed the evil
dence and called the courts attention to
the fact that, while Deputy Sheriff
Warren and his honor, Justice Foster.
were debating the character of the
charge, at the time of the prisoner
arraignment, the latter had voluntarily
stated that he not only stole the anviis,
but had specified the exact time he did
it.
Judge Foster held the prisoner to an
swer to burglary, and fixed his bail
at $1,000.
The prisoner at first expressed de-
sire to save the county the expense
of a trial by pleading guilty. but he has
changed his mind and is going to stand
trial.
Attorney Beckwith in his closing ar
gument complimented Mr.. OBrien on
his maiden effort, and spoke of the
able manner in which the young gentle
man had summed up the evidence.
CryVyArr