The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-04-27
ADMIT POSSIBILITY OF
ERROR ON QUESTIONING
Witnesses Become Confused
Under Examination, but
Adhere to Statements.
Special to The Tribune.

tor Clore. Conductor w n. Middleton
Of the Overland Limited train. which
was held up al Reese the evening of
January ,, said:
Those are the men who robbed the
train"
This positive Identification was later
qualified by an admission from the
witness that he might be mistaken, 1ol-
lowing a searching cross examination at
the hands of Attorney Thomas Marion
eaux. OF counsel for the defense. In like
manner Engineer ED Rowse Identified
Bryan O'Hara as the tall bandit VINO
climbed aboard his engine and gave di-
rections regarding the uncoupling OF the
train
These were the only witnesses called
by the state at the preliminary hear
Ing which began before Ju9ge 1h;s aorI j, D.
ing. Owing to the crowded condition OF
the regular court room, the hearing was
transferred to the council chamber at
filled with a curious crowd, eager to
catch a glimpse of the TWO prisoners
charged with one OF the most spectacu-
lar train robberies ever committed IN
William n. Davis. was shot to death
and another negro porter, A. n. Taylor,
was badly wounded
Prisoners Are Calm.
After swearing D. II. Roberts. court
stenosrapher OF Salt Lake City. to take
the testimony, the court ordered the
rived in the custody of Sheriff E. E.
Harrison and Deputy Sheriffs George
Leatham and Frank Ludwig. They were
Ing which divides the inclosure occupied
by the court and attorneys from the
outer benches. occupied by the audience.
Both prisoners were neatly dressed In
OHara betrayed a slight nervousness at
times during the hearing. but Clore ap-
peared the most disinterested person in
the court room
When Conductor Middleton pointed his
finger at both men to identify them as
the bandits who held up his train.
O'Hara and Clore met his gaze without
batting a lash. When Engineer Rowse
said tha. o'Hara was the taller of the
bandits. O'Hara dropped his eyes slight
ly. but recovered himself instantly and
looked calmly at the witness
Both witnesses became confused at
times during their cross s-examlnati tion,
which was conducted by Judge Marion
eauX. and made statements which Will
probably be used in favor OF the dcfcn
dants by their attorneys. Judge o. w
Powers, senior counsel for the prisoners
took no part in the cross examination.
but carefully noted on scratch pad
many of the statements OF the witnesses.
District Attorney r. +. Hulanish was
present at the hearing. comforting fire.
luently with County Attorney David
Jenson. who is conducting the case for
the state.
Conductor Tells Story.
Conductor Middleton testified: q was
the conductor IN charge OF the Overland
Limited train No the evening of jan
uary .. We left Ogden al 1926 O'Clock.
Seeing a danger signal ahead. the en-
gneer stopped between West Weber and
Reese for the required time and then
proceeded west, going at about three or
four miles an hour, and again was
stopped by signal from the brakeman.
Fa,,r ri hon ftty-l -l,i
cned porter told me that the train was
being held up Walking through the
train. | came face to face with O'Hara,
Clore. Fagman II. II. Hancock and Pull
bandits demanded my money and l gave
them what ! had. They asked for my
watch. which | had slipped into my hip
brought it along this trip.
Saw Men in Michigan.
giving it a Jerk. then dropped my
watch into the sack held by Flagman
Hancock. Under cover of their guns
we were marched , on through the , tram ai,,
the fireman. They were ordered TO
turn over their money but as one Of the
men said fremen never have any money.
McLan was not searched"
when did YOU first see the two BAN
dts after the robbery inquired County
Jenson
i saw u nara at rams, MiCn., the
Under what circumstances did you
see him.
''Rowse and ! We're sitting in the Of
flee of hotel when oHara came anne into
then passed hurredly into the dining
room. His face turned pale as he caught
a glimpse of us. The officers. Rowse
where we found him leaning against a
trembling with fright. O'IIara
was arrested and when asked where was
his gun, replied; I haven't got it
Might Be in Error.
The witness next told of seeing the
dead porter. William Davis. lying on the
floor OF the stateroom. where he was
shot.
Under cross examination by Judge
Middleton told of having
gone To Michigan to see II he could
Identify the two defendants because OF
n photograph which had been previously
shown him and which he declared close
~ rosembled the taller of the bandits.
He was closely questioned regarding the
manner in which the features OF the
bandits were masked at the me OF the
holdup the length of time he was in
the presence of the bandits and the
amount of light outside OF the train.
The witness finally admitted that he
might be mistaken in his Identification.
but that he still believed O'Hara and
rlore TO be the men who held up his
train.
The testimony OF Engineer Rowse was
practically the same as that of Middle
on, II was o'clock when the eXamina-
lion of Middleton had been concluded
ness stand. He told about seeing the
langer signal ahead between the sta
lions of West Weber and Reese the
1ighL OF The robbery,
attorney the witness declared that the
next timo he saw the tall bandit was