The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-04-30

! Virginia for him for the next Demo
cratic presidential nomination.
| Highland Boy mine during 1910.
! found him in tunnel, 100 feet below
the level IN drunken condition on
/ one occasion, and reported the matter
TO Pete Hunning. the shift boss, VINO
fired him
The witness said that he had known
knew him TO be heavy driukcr, and
that he lost his Job on that account
with the mining company
To show that Mrs. Hansen. who
testified for the state yesterday
and identified O 'llara and Clore
as the men who had called nt
her house and inquired about the
roads, and the distance from one settle.
mcnt, was mistaken in her Identification
of the prisoners, the defense called
George Wilson, solicitor for a local
examined by S. Abbott MaGiunis, OF
counsel for the defense. He said he
had called at the home of Mrs. Hansen
at Warren several times and made in
quirics along the same line TO which
she testified, rs he was getting iuforma-
tion in regard TO a proposed newspaper
carrier route On one occasion the
witness was accompanied by j. II.
Munson. farmer. who remained in the
buggy outside while the inquiries were
being made from Mrs, Hansen.
In facial expression there is no re
semblance between the prisoner Clore
and the witness. although their figures
are similar. Wilson wears eye glasses,
but did not remember whether he wore
them at the tunes he was talking to
Mrs Hansen. Mrs. Hansen IS identified.
tion of Clorc and o 'Hara was positive,
but the evidence of Wilson, which was
corroborated by Munson, tended to
weaken its effect.
"Game- Keeper" Testifies.
John c, Creighton. a ''game. keeper" :"
at Bingham, explained his occupation
to be a faro dealer under the cross.
examination of County Attorney Jen~
son. He was called by the defense and
examined by Judge o. w. Powers re-
gardine the time spent bv O'Hara and
Clore at the mining camp. CREIGHTON
said he saw them at the Copper King
saloon December 30, 30 and January |.
On the first day OF January, the witness
said, he was taken sick, and did not
see the two defendants until January
or 6. The witness, on cross -examina-
tion, said he had been a gambler for
seventeen years. He remembered Clore
because he shot craps with him in Bing.
ham.
John z. Shone, formerly employed
by the Utah Construction company, was
called by the defense. He said that
he met the defendants at Bingham
canyon, December 27, and again some
time before the first of January, On
January 2, the day of the Reese train
robbery, he was with them in the Cop
per King saloon until late in the even.
ing.
Cross examined, the witness admit
ted that all of the meetings with the
defendants were at different saloons
in Bingham canyon. An affidavit by
and to whom the latter testified he
wrote of o 'Hara and Clore's presence
in Bingham, January 2, was read into
the record by counsel for the defense.
Hayes is now living at Las Vegas, New.
The affidavit merely stated that he
knew the defendants while they were
in Salt Lake City, and knew that
o 'Hara had received draft for 800
from his relatives after the Reese train
robbery. For the purpose of testing the
credibility of the witness by showing
that he was abnormally addicted to the
drink habit, the state recalled Thomas
Patrick Mccormick for cross -examina-
tiou. He was asked if he ever got in
toxicated, and replied: "Not any
more than / am right now.'' After
being compelled to answer the ques-
tiop of the county attorney rs to the
number of drinks he had taken today,
Mccormick admitted one small drink
before breakfast.
Star Witness Reached.
Ralph Reed, the star witness for the
defense, was recalled by the state for
cross examination. Reed said that he
Mont, between November and 8. The
witness said he. the two defendants
and a man named Wilson, left Amstead
for Ogden about the latter date. Ar
irving in Ogden, Reed went on to Salt
Lake, leaving the others here.
Seldom has there been so much con
Trajectory testimony offered at pre-
liminary hearing. Against the posi-
tive Identification of the two prison
trainmen, added to the cireumstantial
evidence. of guilt shown in the testi-
mony of witnesses other than those
who were on the Overland Limited and
the freight train the night of the rob-
berry and killing of the negro porter,
the defense has built up strong alibi
for the prisoners, which has raised
strong presumption of their innocence.
In arguing the case this afternoon,
Judge 0. w. Powers and his associate,
Thomas Marioneaux, made strong pleas
for the discharge of the prisoners. The
suspense of long wait for trial in
the district court, the stigma over
shadowing innocent men, the unrelia-
bility of personal Identification as
shown by the various descriptions of
the masks worn by the bandits, the
strength of the alibi offered by the de.
fensc and the impossibility Of the de-
PENDANTS to commit the crime and get
back TO Bingham, where they were seen
by numerous witnesses the next morn
ing, even If those who say they were
with them the same night be not be.
heved, were some of the arguments