The record-union., 1899-06-15
STRONG CASE AGAINST HIN.
CHARLES BARRY HELD FOR
ROBBERY.
Story Of the Assault Made ON A.
H. Miller ON the River
Front.

Front.
Justice w. A. Henry. sitting for CITY
justice Davis, yesterday held Charles
Barry to answer for the robbery OF A.
H. Miller a. few nights ago.
The first witness for the prosecution
was a young man named Frank Iur-
PIN He testified that on the 9th inst
ne and another young man named
William Hazelwood went down to take
q swim In the river below the gas works
and there became acquainted with the
prosecuting witness. A. H. Miller. Al
Ter that they met two young women
and that evening visited the vicinity
OF Front and streets to renew the
acquaintance of the two girls.
While in front of a saloon on the cor
ner of Front and S streets they saw
Miller and a crowd of young men about
the saloon Miller exhibited some
money, stating that he received month
ly remittances. They saw man
named Regan whisper to Barry. Miller
Left the saloon about $50 p. M, and
started toward his camp on the river
front After he had got away about
100 yards Regan and Barry followed
him.
Turpin and Hazelwood, becoming
suspicious, went around a line of box
cars and followed Regan and Barry.
When they got to a switch on the levee
railroad they saw the outlines OF the
figures of Regan and Barry and a
third man, whom they believed was
Miller, about seventy-five feet ahead of
fbprp Tbpu heard C,,o,a r,11tfQrirr
but could not say what was said
Then Regan and Barry came running
toward them, and witness and Hazel
wood ducked down into bunch Of
grass and were unseen by the defendant
and his partner. While running past
the place where the witness was con-
cealed Regan remarked to Barry, you
are too nervous for anything like this;
how much money did you get?'
Right after Barry and Fegan had
called out to them, Nov We've got
you!" and thereupon Barry and Re-
gan increased their speed and disap-
peared among lot of box cars near
r street.
On cross-examination witness stated
that he was positive the Two raen he
saw were Barry and Regen, because
their actions toward Miller at the sa-
loon excited his suspicion and he took
particular notice of them.
He stood UP well under rigid cross
examination by the defendants attor-
ney, and the latter was not able to
shake his testimony.
VIM. Hazelwood testified to about the
same facts and added that Immediate
ly after seeing the act committed, they
ran back to the saloon and there found
some men whom hey had seen there
before. Miller had started for his camp.
and asked them to telephone for the
police.
John Shiek, an empioye of the Capt.
tai box factory, testified that I;ar.y
was ait the saloon from $50 till $50,
or up to the time Miller left. lie was
well acquainted with Barry, having
known the latter for fifteen years.
About one minute after Miller left the
saloon Barry and Regain started after
him.
The witness and man named Dan
Corcoran were standing outside the sa-
loon when Miller started COR home. and
Regan and Earrg stood near them The
witness was positive. on cross. eNaiH.n-
alton, that Barry and Regan We're the
two men who followed Miller He ccr-
roborated rurpin and H..zelwood as to
their returning and inquirrng about 4
telephone to notify the police.
Daniel Coreoran stated that Parry
and Regan were III ,ra fo1 over an hour,
and that after Miller left Barry and
Regan went in the same direction.
A. H. Miller. the prosecuting witness,
then took the stand. He admitted
that he had been drinking nr the night
he was robbed, bur said he knew what
he was doing. lie saw Regan and
Barry at the saloon, and was talking
to both of them outside the saloon
for some tire He Ief. he saloon be-
tween 9 and>9 80 O'Clock. and started
for his camp. After getting to the levee
railroad track two men approached him
from behind The trllar of the Two
threw his arm about ATiller's throat,
while the shorter one ran his hand into
his trousers pockets, where he had
between $16 and $1S. They did not
search his other pockets.
When the grasp on his throat was re-
leased he turned about and recognized
the two men with whom he had been
talking just previous at the saloon.
They both then ran away. He, fearing
that he might be killed if he made an
outcry, crawled into the brush near by
and lay concealed till morning.
Miller said that after being taken to
the Police Station on the following
morning he picked Barry out of group
of four men as the shorter one of his
two assailants, and as the one who
went through his pockets.
He further testified that he had an
interest in an estate in San Francisco
and received monthly remittances, and
exhibited papers bearing out his state
ment.
Aris Hervengault testified that he
lent Barry his horse and buggy that
day to go to the Catholic picnic, and
that he and Barry went to Doherty' s
saloon that night about $50 o'clock.
At 8 O'Clock the witness went home,
and on his way he saw Barry and Re-
gan outside the saloon talking TO Tur-
pin and Hazelwood.
This closed the case for the prosecu-
tion.,
For the defense, Barry's mother and
sisters and other relatives testified that
the defendant left his home at Second
and T streets about $50 and returned
within quarter Of an hour, and that