Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1906-05-18
LOGAN TRAIN
ROBBERY CASE
CON I IAUED
H.IIh lHh I'LL
John and jim Elsek and John
murphy Will spend Another
SIX Months in Jail.


sN SNN5A
s
rhssa jnssiee Msais yesterday So
ta1naa ne molten made hy Assistant
United states Attorney M 1 Med
isr. tor ! continuance of The sss.
asainst John and linn Rlsck and lohl
Murphy, ths alleged LoEan train rch
ters. and the prisoners win. in NJ
probability remain hi the san Misue
sostty ,Ail for smother ,srn. ass
Mr stsdier based ias moiion fol
continuance upon ths showing ihal
Iec BatleN who. IT tbc TWO formel
trtais, had s~orn that tAs Hack boy.
confessed rhe crime u him. had beer
kicked by a horse and couldn't come
this term.
judge w. " Long earnestly opposed
4 continuance IL The case. H. offered
TO agrss 10 the admission al III eyt-
denee given BY Butler on t~e toEmsr
tIialF. Ana even 10. what sic asktstAn,
United states attorney could make aE
aaHslt taat Butter wppla swear IN.
IL askesA however. that n ths aslaa.
Vii "a sne attorney xs HI What sAs
~
witness would swesr - we're taken
that IN whole evidence II Hnsler Mt
lie lass sslnl i also aasaifssd. = this
voasl slus sgsat Rnsla an Hill uwa
suutssstaa Nah horse thi.f. AaN haa
ihree indictments fer faipAs nangins
uysg MIN. -
HI also insisted tnat the statute II.
auirssl thai the attorney or agent max
inr AFFIDAVIT as 10 what i wItness
would swear 70 must under The stat
ute swear also that he believed what
The witness would swear 10 WAS true,
tMr. Meaier took exception 70 this
and said that be wound b. breaking
his official nath ana be liable for Ais.
harrment proceedings it be would
make any statement ~ to what the
witness would swear 10 when he did
not believe il 10 BIZ true. Judge Long
replied that nevertheless Mr.. Medieri
would moi swear that he belieyei the
truth of the testimony of this con.
fessed feion and the law required rim
to do so or be refused 4 continuance
5on Ms AFFIDAVIT of Dee BusIer. and
finally. rather than have the trial post
roned ID allow the unqualified state
ment of the assistant United States
attorney to be used Iii evidence is to
what the absent witness would swear
II. Judge Long urEad the insnstice
II the prisoners III being kept long
III iii 4 close and unhealthy jail, af.
ter two snries had failed to convict
them and took occasion II fire i hot
shnt III some of the detectives Who
Uttered when Ne referred ID the nafa.
ships of the long incarceration.
IT may nor seem. 4 he said. much
n i hardship to these faf. sleek gen.
tlenen who draw big salaries an,
70 freely hack ana forth over the
country: hut III them spend eighteen
months n an 1nsanisarv. foul iaif: let
them I'LL IN the cola stone aoor ami
stretch themselves On the hard steel
beds. ana these same comfortable,
well-fed gentlemen. viii perhaps not
he % ready ID laugh when ne cues.
lion II discomfort II mentioned ana
to disturb the decorum ~ coarf 6f
Justice. 4 8
Mt Med1er, III replying nead that5
re onav statnte thai ID anv ~ay Ill.
fectAd she action of the court III crfrr,.
inaI eases was one which safa that
the Judge should grant continuance
when GOOD reason vas shown. n
held that the statute anosed bv Judge
long referred only ID civil procedure.
MI. Mcaaer insisted that the interests
Of lnssice could not be served by Adj
mitffns the testimony of BatleY an the
former trials. thai be was able 10
show how nna 81 the Black boys hasl
described 10 him how one II the train
ren hsd drink i hoftfe or beer dur.
sns s'e hold II. snd support ne evl.
hence Fl re testimony 81 the train
man himself Thfs was M one mis-.
sinr si.'k II ~ chain os evidence. tie
attorney said. without which Ii wanli
AZ s-snossihla II convict these men
After 'sstersne II ali the arguments.
1nd~a Miiss grsntNi the mntinn fov i
~c.f'nnsnce On ne ground inst fhe
n~r~nnal snnesrsnce of 4 witness
nDsld 1ot be waived. And nat Butler