Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-11-28
EVIDENCE IN
BLACK CASE
COMPLETE
Masserly Defense Made By
Judge G. v. Long and
Geo. II. Hunker
Geasral Belief Ths. Hung Jury OF Ae.
qitAl VII. Result Evidsnee
On Rsbutlal.

ne eVldCnce IN the case against Jas
Black and John Murphy, charged with
the Fort Logan train robbery. and
John Black for conspiracy, was com
pleted today, and the arguments BY
the attorneys began this afternoon
Unless an evening session Ia held, the
arguments are OF likely to be c0mplet
ed until tomorrow morning. The pro
secution begpn the opening speech al
2 O'Clock. Attorney George Hunke'
was scheduled to follow for the de-
Tense. Judge Long will make the main
address for the defense after Mr.. Hun
ker concludes, but the u. 8. district at
torney Llewellyn and Mr.. Hun
ker will probably consume the entire
afternoon. Assistant u, 8. Attorney
Medler will probably make the follow
ing address for the prosecution.
Judge Long has made one Of the
ablest efforts in his long legal career
in behalf Of the prisoners, who have
now been confined on the charges
against them for fourteen months. He
has contested every point In the case
with tenacity and his cross-examina
tiOn Of witnesses has been effective
and sagacious. MIR. Hunker has given
able assistance As far as the conduc,
Of the case Is concerned, neither side
has spared effort. As suggested yes
terday, while the prosecution conduct
ed Its side more carefully and estab
hshed stronger case than at the last
trial, the defense also has made a
stronger showing for the prisoners
New witnesses were introduced which
offset the ACKNOWLEDGEMENTS intro
duced by the plaintiff, and the effort
to establish an alibi has proven so sue
cessful, that in the opinion Of many
who heard the evidence, the prisoners
will be acquitted. Another jury Ii
considered a possibility. but few seem
to believe the prisoners will be con
victed. .
The prosecution claims that the
postmaster who testified yesterday
morning did not positively identify
John Murphy in the court room as the
man who received registered pack
age July 80. but the defense declares
that Murphy stood up In the court
room and was pointed out by the post
master as the man to whom he had
delivered the package and who had
signed the receipt. The Optic reporter
was not present in the court room
when this testimony was given and Is
liable to say certainly which conten
tion is correct. This morning F. B
January was introduced as hand
writing expert and testified to his
belief that the handwriting on the re-
ceipt and postmaster's book written
by the man who receipted for John
Murphy was the same as the signature
Of John Murphy produced In the court
The evidence Of John Black and Jas
Black was completed yesterday after
noon. Both told straight story Of
their doings for several months They
testified that they were in Denver the
day OF the robbery, denied the confes
sion of the crime to Dee Butler and
related the circumstances of their ar
rest and Imprisonment. They were
not broken down to any extent by the
cross examination.
This morning the defense put on
a detective Brooks, who testified that
he had arrested one O'Neill, whom
the Blacks testified they played cards
with July 80. July IA. Brooks said
O'Neill was sent to Jail and was In
jail July 30. A Denver saloon man
McCune. testified that the Blacks and
Murphy we're in his place in the early
part of July but he did not remember
seeing them in the latter part of the
month. when they testified they were
there.
Miss Zulch testified that she hearf
a conversation between Mr.. Thomas
a witness for the defense. and MIR. Nc
,utosn in the formers office. and thai
after LISTENING to Mr.. Mcintosh
statement concerning the movements
of the boys Mr.. Thomas had agreed
that Black and Murphy had time t
reach the scene of the holdup aftel
they left the mine. She said however
that Mr.. Thomas did not have hi'
hooks with him and predicated hi
statement upon that Of Mcintosh.
Mcintosh was recalled. He sait
that Mr.. Thomas had made the state