The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-04-29
TESTIMONY GIVEN
SUPPORTING AL|BI
Strong Evidence Adduced at
Hearing of Alleged
Train Robbers.
Continued From Page One.
He didn't remember seeing the two men
around during that time.
More Alibi Testimony.

SAlul 1CSblilOuy.
John O'Lcary has known tho defend
TO his testimony. He had been at Bing-
ham from November 10 April J. where
he worked for the Utah Copper company
and The Highland Boy Mining company.
He saw the defendants at Bingham IN
their room NJ the Combination house
January |. and sworc positively that
O'Eiara and Clore were with him at the
postofflce January .. when he wrote n
letter 10 James IIavs at Ogden. Tho
letter was introduced and read into the
record by Judge O. w. Powers. The LEI .
ter To Hays said that O'liara and his
partner were stil at Bingham with the
witness.
On the cross examination County Al
tnrnev Jenson brought out from the Wit
ness that he had on other occasions wrll
ion letters and held them for some time
before they were mailed but OJc1ry
was positive that this particular letter
had been mailed on January .. The
county attorney also showed that the
envelope containing the Bingham post
mark and date had not been produced.
The witness admitted making an affidavit
which was Introduced and read into the
record. in which he stated that he had
seen the defendants between 10 and L.
O clock on January 2,
This affidavit was made In the presence
of r.. j.. Dudley. a Justice OF the peace
al Bingham. This statement was cor
rected by the witness. who declared that
he had seen both defendants that after
he said he was not positive that he had
seen the men January Z, but AT his ex-
animation today he remembered that he
had seen them on that day. \ photo
graph taken Of the witness, wearing a
silk hat. with two bibuous- looking com
panons. was shown the witness ny the
county attorney. Olcary said f. was
taken as Christmas souvenir, He ad
mittcd that he frequently got drunk. but
had never been arrested.
Mccormick Is Witty.
Thomas Patrick Mccormick furnished
considerable amusement TO the court, at
torncys and the audience by his witty
sallics during his cross examination. The
laughter, which grew into hand -clapp!uG
when the witness demonstrated the diff
ference between swearing by raising the
hand and by affiXiug a signature 10 q
document before notary public, caused
Judge Murphy TO threaten Jail sentences
for those who repeated the dcmonstra
ton Mccormick said he knew the de-
PENDANTS when they were WORKING Tor
the Gilmore Pittsbure Railroad com
pany in Idaho. Before that time. he said
he was employed AS kind Of walter.
When asked by his counsel TO explain
what he meant by that the witness re-
Dlied: "Shurc. phwat ! mean by that is
Gilmore - ..1sburg Railroad company
Tho witness said he met o tlara and
Clorc at Bingham January /. Didn see
them the following day, but the night OF
January he saw them at different times
between Z and o'clock. He admitted
that the affidavit procured from him be-
fore e. L, Dudley by Pinkerton detect
i've declared that lie had not seen the de-
PENDANTS January l. or 8. but after
ward the witness declared that he looked
up the dates and found that his state
ment in the affidavit was erroneous. Nc
Cornck was still on the witness stand
at the hour OF adjournment this after
noon.
Engineer Recalled.
The morning session opened with the
examination of Edward Rowsc. the en-
gincer OF the limited. who was recalled
had told Detective Joe Jones OF the Orc
gon Short Line Railroad company imme
dlately after the train robbery that he
thought he knew who the tall bandit
was. The engineer protested that this
was only suspicion. but when compelled
TO give the name of the man he had in
mind he said that he was Fred Stokes.
but that he had since learned that Stokes
was dead
The other man whom the engineer had
in mind as the shorter bandit is named
Lyons according to Rowse. To show the
suspected by the engineer and the pris
oners, Detective Joe Jones was called by
the defense 10 testify. The detective
said that there was but little resemblance
between them,
Earl East. the young man who was
accompanying the two daughters of
Bishop Wayment 10 their home at War
rem the night OF the train robbery when
the bandits encountered them on the
road had the most vivid recollection OF
the appearance of the two men while he
was being examined by County Attorney
Jensor. but under the cross examination
of Attorney MarioncauX Of counsel for
the defense the boy showed the highly eX-
citabe state OF his feelings when he Rt-
tempted to identify the vest worn by the
snort man as the same color and cut
as that worn by Clore. who was sitting
a bout fifteen feet In front OF him. Judge
MarioneauX. with a smile. asked Clorc
to stand up. The shorter prisoner did
so and opened his coat, showing that he
was not wearing a vest.
? Saw Few Stars.
Were the stars shining that night"'
asked Attorney MarioneauX. Just one
or two" replied the lad.
WAS IL one or two?'
'I don't know exactly which. 7 was
badly frightened he replied.
To show the discrepancy in the de-
scription sent out by the Oregon Short
Line railroad officials OF the train bandits
and the appearance OF O'Hara and Clore,
Judge MarioneauX introduced lin evidence
the poster offering $500 reward for the
arrest of the guilty men.
joseph Hansen OF Warren, a station
near Reese. the scene of the train rob-
shotgun by his 6-ycar -old child. Febru-
ary %, near the public road, and the
finding of mask by Joseph Wayment,
He was not cross examined. The hear
Ing will be resumed Saturday morning.
Sixty Days for Selling Liquor.
. IN IT..