The border vidette., 1903-07-25
THE ALVORD TRIAL.
The Jury In the First Case Failed
 to Agree.

| Doan, having failed to come to any agreement. This jury was out from Tuesday morning until Friday after noon. Statements made by members of the jury after their discharge show that those of the jury who voted for acquittaI were under the mistaken imp, that Donwing. one of the witnesses for the prosecution, was co-conspirator of Alvord, and that they could not therefore believe his testimony unless corroborated, while the true state of affairs was that Brown, the chief witness, was a CO., conspirator, while Downing was not, and Downing's testimony was corro- borative to such an extent that the jury would have been fully justified in finding verdict of guilty under the instructions, and would have done so had their instructions been more eX- plicit on this point.
 On Tuesday afternoon the trial of the second case, in which Alvord was jointly indicted with Mat Burts and Billy Stiles, was not gone into because the defense was not ready. This case grows out of the connection of Alvord with the first hold-up, that at Cochise, in September, 1899. Wednesday was taken up by the defense in preparing and arguing lengthy motion and affi davit for continuance, which was de- nied by the court. Thereupon Judge Barnes withdrew from the case, and that evening he left for Tucson. At torney Flannigan continued in the l l I kI0 DT A
 torneys Goodbody and Neale as asso- ciate counsel. The case was set for 8 a. m Thursday, the 16th, at which time the case went to trial. After the empanelling of the jury the case went over until l p. RI. to allow the defense further time for preparation. The first witness on the stand was Chas. k. Richardson, the we'll known $. F. engineer, who was pulling the over land on the night of the occurrence. He told of being covered by masked man at Cochise and of being compelled, together with the fireman, to get down and go back and uncouple the mail and express cars. They were then com manded to take the engine and the two cars about mile down the track, and were again compelled to get down from the engine and were escorted about hundred yards down the track by one of the gang, who guarded them there while the other robbers footed the express car. They were told that they could sit down, but were caution ed to keep quiet. They heard the ex- plosions in the express car and could hear the movements of the robbers in securing their plundsr. When all was ready, another masked man came down the track and joined the first one, and after cautioning Richardson and his fireman agaln to keep quiet for while, the two robbers went through the fence and disappeared, presumably in the direction of their horses.
 Charles J. Adair, the express mes senger in charge of the express car on that night, told his version next. He said that he opened the door at Co., chise to transact the usual business that night, when he was covered with a gun in the hands of a masked man who, with an oath, commanded him to throw up his hands. He at first sprang back into the car in an en- deavor to get his gun, but saw that he could not reach it and so threw up hls hands and called to the men not to shoot, that he was coming out. When he got down from the car he was walk ed back toward the train and com pelled to remain there while the engine and the two cars were taken up the track. After the explosions occurred he walked toward the scene of the robbery to get as near as he could and see what was going on. After the robbers left he went on to the place where the engine and cars were stand ing, with the engineer and fireman examined the running gear to see if the cars could be moved. They found the running gear intact, although the express car was badly damaged by the explosion. Inside the car they found the remains of the iron safe, which had been blown to pieces. He testified that the plunder taken by the outlaws consisted of gold, besides some four or five hundred dollars in Mexican silver, and some jewelry and watches that were in packages in the safe.
 Witness Brown and others testified to circumstances and admission made by Alvord tending to show his connection with the crime, but the most damag- ing evidence on this trial was given by William Downing, who is now serving a sentence for complicity in this same hold-up. Downing testified In regard to his first knowledge of the hold-up