The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-15
SOLDIERS HELD ON
SERIOUS CHARGE
Mike McCabe and William
0'Leary Arraigned for
Highway Robbery.
EVIDENCE ADDUCED
RATHER CONCLUSIVE
Four Soldier Companions Verify
Story Told by Victim
of Assault.


o O'Leary, two of the six soldiers who
were arrested on February % on the
charge of having assaulted and robbed
Harold Bcrrum on the night previous,
were bound over to the district court
yesterday on the charge of robbery.
Bail in each case was fixed in the sum
Of $500, in default Of which the defend
ants were committed TO the custody of
the sheriff
When the case against the two men
was called yesterday morning Assist
ant County Attorney David Haigh in
formed the court that he wished to
make an apology for his absence as
well as that Of the other four soldiers,
from court Monday. Mr. Haigh stated
that he was sick on Monday and unable
TO be in court. With regard TO the
four soldiers, be informed the court
| that he was to blame for their not be-
ing in court on the date set for trial,
as he had failed to inform them of
the time at which they would be want
ed. When the case was called Monday
! it was discovered that the four men,
! who had been released on their own
rccognizance, were not present in court.
| His honor ordered that bench war
rant be issued for their arrest. The
warrant was placed in the hands of
Deputy Sheriff Joe Sharp, who went
TO the fort and brought the four men
TO the city. When taken before Judge
Diehl they informed him that they had
not been notified as to the time that
they would be wanted. On this show
ing they were allowed 10 90 on their
own recognizance until yesterday morn
ing
Berrun Tells of Robbery.
The first witness called for the State
yesterday was Harold Berrum the vic
tim Of the assault and robbery. Ber-
rum testified that he had taken an East
Second South street car for home on
the night of February 81. The car
left town shortly after 10 p. m. Wit
ness noticed a number of soldiers on
the car, but paid little attention to
them He left the car at the corner
and started east. When about five or
six rods from the corner, some one
struck him in the back of the head
knocking him down,
He arose to his feet, when the party
struck him several blows on the head
and face, after which they robbed him
of purse containing SIS. Among the
800. Witness called for help and the
man ran away. He identified McCabe
as the man who had assaulted and
robbed him.
The next witness was the seventeen
year-old daughter Of Berrum, who testi-
fed that on the night IN question she
and her mother went to the door of
their house when they heard the car
stop, as they were expecting Berrum
to come home, A short time after the
car stopped they heard some one call
ing for help on the opposite side of
the street, and witness recognized the
voice of her father, She ran across
the street, calling murder and "po-
lice" " AS she crossed the street she
saw two or three men run away from
the spot where she found her father.
The men were dressed in clothing worn
by soldiers.
Story Is Verified.
A. d. Harrison, motorman of car No.
20. which left Main street at 1925 on
the night of Feb. 81. testified that he
saw number Of soldiers. six in all.
leave the car at the corner of Fourth
South and Tenth East street Their
action struck him as being strange, as
he know that that was the car which
they should take in order TO reach the
fort in time to report in at II clock.
Five of the men got off the car first
and went west, the sixth man got Off
second or two later with the remark
that he was going To see what was up
d. ID. Isaac, conductor on the car,
gave similar testimony, He identified
O 'Leary as one of tae six men who had
LETT the car at The point mentioned.
Edwin n. BenvhLe, one of the six
men arrested in connection with the
robbery, testified that he was one of
six soldiers who got of the car at the
corner mentioned. When they left the
car they all went west for a short dis
tance. Someone asaed what was the
matter and McCabe replied, owe are
going to get piece of easy money
You fellows walk down the street.
McCabe and O'Leary then crossed the
street To the east.
A short time later witness heard some
one crying murder, police" and then
someone shouted run boys, rum
Witness and the others who were with
him ran. Ralph Ord, James !. Lynch |
and Robert J. Jant.s, the other three |
soldiers, admitted that they had got !
off the car on the night in question. |
Their testimony was similar TO that
of Blenvnue.
Soldiers Deposit Money.
William James. bartender al the Min. |
er s saloon, testified that O'Leary and |
McCabe came into the saloon on Tho |
night of Feb, % and had drink They |
left the saloon about 10 o clock, The
two men returned TO the saloon about
midnight with another man. After
getting a drink the three went out
short time later McCabe and o 'Leary
returned and asked the barkeeper TO
keep $50 for them. The money consist
ed of n $50 gold certificate and $40
bill. Sometime later the two returned
to the caloon and got $40 Of the amount,
Witness gave a So grecnback TO each
man. Later they returned and got an.
other $40 of the amount which they had
left with James, They returned for
the third time after daylight and cot
another 50, Later they returned For
the fourth time and got ST. Witness
still had "a Of the amount which thez,
had left with him which he was willing