El Paso herald. (El Paso, Tex.) 1901-1931, 1919-04-22
Defence Tries
To Shake Tale
Of Car Thefts
Railroader Admits Part In
Car Lootings; Cigarets
Bring Over $4,000.

Defendants counsel continued the
cross examination throughout Tues
day forenoon Of s J.. Donohue. who
entered a plea Of guilty Monday aft
ernoon IN the United States district
court TO an Indictment jointly charg-
ing him, with c. n. Gollner. W W.
Anderson and George Grenslitt under
six counts with completely in the
theft of $4,000 worth Of cisarets al
legged to have been stolen from two
railroad cars i'm FL Paso which were
part of an Interstate shipment origi-
mating AT Winston-Salem, n. c.. and
destined for san Francisco
After entering his plea Of guilty,
DOnOhue was placed upon the stand
Tuesday afternoon by the government
and used as witness for the prose-
cution- He had previously testified
for the government at the examining
trial Of the -FOUR defendants before
the United States commissioner.
which resulted in their being bound
over TO the Erand jury He admitted
his participation in the theft Of the
cigarets.
Denies Immunity Promised.
A large part Of the cross eXamina-
tion was devoted to an effort 10 bring
out discrepancies between the testi-
mOny given in the present trial and
The witness was questioned closely as
TO any promise Of immunity or elem
ency by the prosecution He testi-
fled that there was no understand
ing about immunity for him. Asked
II he expected a lighter sentence. he
answered. ''T do not know. There
was no understanding about that
on direct examination Monday aft
ernoon. Douohue testified that he was
assistant yard master for the g. IT.
& S. A. railroad in FL Paso at the time
OF the alleged thefts in July and
August of last year.
4 first talked with Gollner." he
stated, about taking some stuff from
freight car and selling IT, I was
working for him, having been trans
ferred here from Beaumont Texas,
April 10, and he approached me with
the plan He said we could unload
a car. haul the stuff away, ana get
rid Of IT,"
Admits Passing Ont the Cases.
ION the night of the first theft, I
learned that the car had been taken
TO the siding and placed and that IL
contained cigarets. Between 10 and
i o'clock we went 20 the car.
broke the seal entered the car and
passed the cigarets out to Anderson
II was a full car and we took 80 OF
the cases. and hid them in a nearby
barn and covered them with cotton
seed bulls. They were later hauled
to an adobe hut I made arrange
ments to sell them TO George Gardner
who was 10 pay us $3.50 q case for
them. We got about $3.50 for the lot
Next Theft Brings S4s55.
'In August. Gollner told me that q
second car had been spotted on the
siding and handed me the Waybil for
IL. Between 10 and j. o'clock that
night went 10 the car and met An
derson and Greuslitt- I broke the
seal and we opened the ear which
was loaded with ciEarets- We took
either $50 or ISL cases. I handed
them out TO Anderson while Grenslitt
acted as lookout We put the ciga-
rets in an old adobe church which
was near. Three nights later Gardner
got the cigarets- The next morning
I met him on the street and he paid
me SfS75 in cash then met Gollner
and gave him about $500. I kept
$1,000 and divided the remainder be-
tween Anderson. Grenslitt and John
Sacre."