Weekly journal-miner., 1915-08-18

would call his brother, Sidney. His brother said I will give you $400 if you do not prosecute,' and I asked him if he had the money and he said no, but he could get it. Sidney | then showed me to the door and there Worth Rybon arrested me. By bon put the cuffs on me and I told him I would go along with him with out him doing that. When I was down stairs in front of the cigar stand I nearly tainted because of the large amount of smoke in the room upstairs. When we got outside l asked to be taken to the county jail and Rybon took me to the city jail saying that they were going to fix me, and the sheriff's office. On the Saturday when I was talking to Sid. ney and Robert Birch I asked them if they thought would ruin my repu- tation in the United States by talk ing $400 just to get out of Prescott" :" One of the jurors asked Alto who was in the hall when he was arrest ed, and Alto replied that Rybon and all the other witnesses, who said they were on the mattress, were out in inc hall at that time.
 Alto continued: "When I got to the city jail they took my little book that contained all my dope on the bootlegging cases, When I swore to a complaint against Sidney Birch in Judge McLane's office, said that I never had bought whiskey from him, but that I saw one of my assistants buy it."
 The first point that Alto was snag- ged on in cross-examination was as to when he worked in Salt Lake City as detective saying at this trial that it was during 1908, and at the first trial he said that it was in 1911. Alto also admitted that his partner and assistant, Lucio Soto, got drunk one night and was locked up in the city jail for nearly week. Soto was working for the sheriff's office under Alto. The "spotter' declared that change was made in the com plaint against Duff and Birch by Judge McLane in his presence. That was when Lucio Soto's name was entered instead of Altos. Sheriff Young, while on the stand, testified that the name was changed by the county attorney at his office, while he was present Later Alto tried to deny that the change was made by McLane. In the face of Larry Duff and Art Cooks testimony that they had received telephone calls from the "spotter," he denied ever having called up the Birch Brothers. Alto admitted that he went upstairs with out being forced to do so by anyone, but denied that he ever made the offer to either Sidney or Robert Birch, but claimed that they made tie offer to him in regard to his leaving the country for S40O. Alto said, when questioned by O'Sullivan, that he looked out the window while in the room and that nobody was on the roof. He also said that the tcstimc ny of both of the Birch Broth CTS, F. M Anderson, Charley Scholey, Lyle Sharpnack and J. Van Reichard was untrue.
 Another point that Alto testified differently on was that of his con versation on the Saturday night he was in the booth, saying that after Birch made the proposition he said he would think it over. In the first trial Alto admitted that he haid said, Yes I will take the $400. Sure l will take the $40O" This statement of Altos was read from the rec ord of the former trial. Alto said that he told Young some one was trying to bribe him, but that he would not tell him who it was until they came to him the second time.
 Judge Smith, on the question that had been brought up on the day be- fore, ruled that Alto could testify as to what Marks had instructed him to do under the conditions that instruc tions would be given 10 the jury in regard to it if it was proved that Alto made the proposition.
 Alto admitted that Sheriff Young had told him to keep away from the Birch Brothers place, Young telling him this the day before he was ar rested. In redirect examination Al to denied having made any proposi- ton to Thomas Adair in the plaza, but admitted having talked to him. Young testified that when Alto first told him that someone was trying to give him money that he warned lim to keep away from them, but later instructed him to let him know