Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-11-29
TRA|N.ROBBER
CASE GOES
T0'TAE JURY
Yesterday Afternoon and To-
day Spent in Arsuments.
Every Point Brought Out in the Case
Gone Over BY Eloquent Attorneys
Conviction Unlikely.

Conviction Unlikely.
The Logan train.robber case, which
has been engaging the attention OF
the United States court for the last
nine days is now with the jury. Both
sides have exhausted every effort
In the attempt 10 establish their
claims. United States Attorney Llew.
ellyn and his able assistant, E. l..
Medler, who have presented je vast
amount Of evidence adduced by the
swarm OF special and United States
officials that has been working ON
the case for fourteen months fully aud
forcibly. Their conduct OF the case
has been mastery. They have watch
ed each trivial detail as well as the
larger points with the utmost care.
and have lost nothing as q result of
the manner In which the case has
been presented. II theYslsil to secure
conviction, 1t will be because all
the evidence that could be produced
has not been strong enough to break
down the alibi which the aefence has
devoted itself with the utmost zeal
and ability to establishing. And II
tthe prisoners have been convicted
it has not been because of any lack Of
effort and ability In their defence.
Not only have the attorneys for the
defence strained every nerve to make
the alibi effective. but men OF high
standing In business circles Of Den
yer, who believe the men are limo.
cent and being bounded by a lot 1f
officers who hope to secure the re-
wards offered have left their bust
nsass scd come here n their own ex-
pense, to exert their eh6ffs Ii behAk
Of the prisoners. The case has been
throughout, one OF the greatest inter.
est, and the court room has been
thronged every day by eager crowds.
The general impression about the
court house, as the Optic said yes
terday, Is that the prisoners will not
be convicted. The evidence intro
duced by the plaintiff was undoubted-
ly strong, but 1t is believed that the
testimony of several Of the witnesses
for the defence must have raised in
the minds Of the jury doubt as to
the possibility Of the. prisoners has-
ing been concerned in the crime One
strong point in the evidence is still
bitterly disputed by the attorneys.
The Optic said in its report that the
Broomfield postmaster had identified
John Murphy as the man who had re-
ceived registered package at his Of
flee July 30. Yesterday 1t was stated
that the plaintiffs denied that the
postmaster had made such identified
ton. The defence asked for the privi-
lege of putting the postmaster again
on the stand in order that there might
be no doubt on the subject. The prose-
cution objected, and the court sustain
ed the objection on the ground that
the Jury had heard the evidence and
were in a position to decide as to its
purport.
What the Jury understood on this
point NAV be vital in the case. The
prosecution claims that II was John
Black who received the package and
signed Murphys name. II the post
master did not identify Murphy as
the man, 1t considerably lessons the
force Of the alibi, and may result in
different verdict from the jury. Both
the prosecution and defence In the
argument to the jury produced tran
scripts from stenographcr's notes to
urove their contenl ion. The Assis-
tant United States Attorney Medler
opened the argument for the prose
cution. He went carefully over the
evidence. urging strongly the value
Of the Identification ri Jim Black
and John Murphy by the engineer and
express messenger. He made mucn ol
the confusion of the witness, Miss
Wilson. by the introduction OF her
statement prepared beforehand and
accused the defence of manufacturing
testimony 10 bolster up its case. Mr..
Medler produced his shorthand notes
and transcript thereof in support
An
ter did not identify John Murphy as
The man who had received the regis
tered package. He referred to the
false stories the Blacks had admit
ted. giving to the officers suggested
tina, the chief owner of the Sunnyside
mine, who had been active In assist
ing the defence, might have been
in league with the train robbers. and