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Show I THE EXPRESS RUUBERY. WilP-ams, the Messenger, on Tie i 'Witness Stacd, J At tbe opening of the court on i Wednesday, the SLuriliO caa wae re-aumed. re-aumed. Judge YanZile, on the part of the i prosecution, cflsred the laws of ' Colorado in evidence, to establish the ! eiistence by law of the corporation of ! Well, Faro it Co. 1 The defeufie objecttd to the introduction, intro-duction, because it wai im'-uaterial and irrelevant, the aci incorporating j the HailiJsy Overland Mil and Express Ex-press Company, having bteu estab-Jisbed estab-Jisbed in Icoii, which is effertd as a foundation fur the t stiiblibbmenl of the company of vVell-, Fargo, and claimed that the grafting of private charter- in territories was then pro-i pro-i hibitfcd by congress. The objection j was argued by the prosecution at '.-ome length, aud tho delenee re- sput'Jtd. The otijec'.iou was overruled. over-ruled. Excepted to. Tlie defense requested that Mrs. ShuriLfl be excepted from the order excluding witcejses. Tbe prosecutiou ubjected, but tbe court allowed tbn lady to remain. J. ii. GRIFFITH Was Bworn Live in Omaha. Am in tbe Omaha National Bank. Am at pretent bookkeeper, Wa3 formerly teller. Oa the 12th of September, 187(i, I putup a package for McCjr-nick McCjr-nick & Co.; $ 10,000 waa the amount. They were all large bills, uot over $100 nor less than $-"3l). Tbe package was directed to MeOarmck & Co , S.-ilt Like, Utah. The package contained con-tained two bundles of United .'-tatts currency, sealed and put up, commonly com-monly called greenbacks. I took it lo the express company's office and delivered it to Mr. Edward?, ti if n receiving re-ceiving agent of the Union Pacitic Express Company. Gjt bis receipt for it. (The receipt wai hero produced pro-duced by the witness and ofiercd in testimony.) Cross examination Put it up myself my-self and delivered it on the 12th of September, 1870, Perhops between tbe hours of 9 and 11 o'clock. Being large bills it was a small package. We usually seal them at both euds and m tbe middle. I sealed this package ibia way. Counted the money myself. J. M. EDWARDS Took Ibe stand Live at 0.;alen. In 1876 lived at Omaha. Was cashier of tbe Uciou Pacific Express Com-panv. Com-panv. Kuow Griffiths. Knew him in 1S7G. On the 12th of September, Sep-tember, 1S76, I received a pack-ago pack-ago from him and gave a receipt re-ceipt for it. (Witness identified the receipt), Package was in good order, T way-billed tbe package. It contained the $10,000. (Witness identified the way-bill). I checked the package to tbe messenger of the Union Pacific Express Oimpany, going west tnat morning. Checking aimply means receipting for packages. pack-ages. I delivered the package to Mr. Comstock, the messenger. Cross-examination I was located at Omaha. Tbero was an ageut over me. I received money from, parties desiring to wend it away, I recollect cf the packagoonly from the memoranda. memo-randa. I kuow it was iu good order, because I would not have received it otherwise. I know I passed it to the agent because I got his recei pt. Would not know it otherwise. Don't kuow bow long the package was iu my p3seaairn Have no distmct re collection of it being in tnv possession at all. ! J. O- CJM5TCCK ; Tockllie stand Am iu the express! businets. September, 1S76, I waa esprpss messenger for the Union Pacific, running between Omaha and t Cheyenne. (The witneoe recognized his way-bill and receipt). I did receive a package from Edward-", according ac-cording tu my receipt. Gave it to Mr. Kidder upon aiming at Cheyenne. Chey-enne. Cross-examination I recollect receiving re-ceiving the package. Only recollect of it from the cheek mark. Independent Inde-pendent of tbe check mark, I recollect recol-lect receiving a package for McOor-uick. McOor-uick. It wau about two inches thick. L only recollect of it from the circum stances of in being stolen. I believe I bud otlicr packages. Always looked at the direction and tbe seal. Don't recollect of that package being given to mc, or giving it to any one. Received Re-ceived and 'gave out a number of packages. Re-direct We always hvrj an in check; examine every package and then put on our out ciicck. 5t. C. KIDDtR V:w the next witness On tbe 12ih of September, 1S70, I was messenger on tho Union Pacific express tram. My run whs from Cheyenne to Ogdeu. I know Mr. Com-atnek. Com-atnek. My duly was to receive money, etc., from the other mes-lener. mes-lener. Always gave a receipt there lorn and delivered it to (ho agent at Ogdeu. (Witness identified hid in-check in-check and outcheck 00 the wt.y bill.) According to that receipt, I received a package of $10,000, It was in good order, as far as I knew. The incheck indicates that I actually received tbe package. I invariably examine the package before putting on the out-check. out-check. Il 1 found it 20t in good urtl r I Wkuld imtntdiately report. 1 mm!o a sLTip sheet cu .the trin between Odon and Cheyenno. (The bill was identified.) Cross examination We put on the mitotic, k immediately ou leaving Ouiytiine, we incheck as wo receive cifrufULO, Independent of these waybills way-bills end receipts, I can't Bay that I h-ive any recollection of this particular pnotag-1. I only km-w that I bad the package boiwuse I saw it and bandied it, but I em't rpmember it iu particular. par-ticular. I have no other recollection of l aving the package, excepting by the wny bill?. Can't remember the j color or tho kind of paper it was 1 wrpid up in. I have no ether recol- , !ict;ou than that of the way -bill, I ticonuiie my check. It was made iu pencil. I don't think any one else ci old make it. I dont ibink any one elt;1 iculd make it so that I would not reeocu'7,? tho dillWrnce. I have no recollection ol chec ting that particular pack.'P'. U -xiirtct U aid of the aie--d robbery. Th-n recnliectnd that I bad a packat I. r McGimiok A C. I kik-w that I had carried tht particular packe. R -1 r id f x a m i n a '. i 0 n I re m -1 m -be red o! carrying that pick.ig. Cu o:i'y mr.e'uher tii.it it w ;s ft $10 0. 0 pick -.tie. Know 't was s?a bccvu-e r..i.i H 11. I !v-' U I (uuil have not;li-il ti,e itc nt. Was in Oden when 1 :,C:r-! oi liie ibbry. D.n't r-m ember em-ber nhit I did. IV! : : x t:;e way. bill. I had no iv.ol.u. random Hit the oco in court, wt.ich I hvl turned cvr in Olcn. Iawitn.x: 111S-U L-tki iu DtccmLvrl?. D.u't rccollcci txa-nini: g any memoranda bcu-re nunu toS.ltL.e. I dont n-.w rf any cinne in the way-b.ii ?;nc it left'mv h.ir.d. Uon't think thrro is any change in it. K? direct See the cbei-k of Mr. G.-o'.-.-.!, tv. w5 pat oa bi-Iu.--- it I iet:. n.y iiai.J. 1 dc.t.'crci the p.ircci j tu Mr G -.11 tech. F. C. GESTaCi! ; Was s.vorn In 1 S7u, September 14, WAf a-ent (or the Union Pacific Express at 0;t '?-.). My duties wore to receive ljJ !-rward express matter. mat-ter. On the arrival of the train from Cheyenne I wjmid take tbe packages pack-ages for Salt Lrke, etc.; and aiso a a scrip sheet of trie messenger's Silt Lake matter, and his way bill. I recognize my check mark on the waybill. way-bill. Among other things, I received on tue 14th of September, ISol. was a package ol 10,CuO for McCornick t Co., from the Omaha National Bank. I checked with G. These were turned over to R. M. Dooley, the way-bill cleric of Wells, Fargo i Co. The package was in good condition. con-dition. Heard of the robbery of tbe express car on the morning of the 15th. I remember turning the packages over to the agent. He was standing at his desk, and I banded the scrip to him and called efi the parcels while be checked them. T then laid the money on a stoal beside him. Cross-examination The change took place at Ogden. There were perhaps three persons in the room at the time myself, R. M. and J. E. Dooley, and perhaps other. I delivered deliv-ered two packages to him, and perhaps per-haps aomo C. O. D. envelopes; the balance of the express matter would : be in the car, where it would be I handed out and checked. Tbe mes- eeugers would handle the freight. I recollect the package, independent of tbe way-bill. Tue- package was about tiuee iuchea high and five or six long, with three seals on it. Il had no firing around it. I only examined ex-amined it to see that the seals were all right. We never open packages. It waa done up iu drab wrapping paper, but don't recollect positively. Know it was done up in puper with' out a string. It was marked outside, out-side, I know because I looked. After the robbery I had tbe way bill iu my office. It should not have remained in my possession till later than the 24th r 25th, when I should have sent it to Omaha, to the auditor. I did not examine the bill alter the robbery to look tbe matter up. It waa no affair of the company by which I was employed. Independent Indepen-dent of these bill-?, I recoHect the two remittances mentioned. I rely on my memory. The report oflbo robbery having made me carry it longer than I would otherwise ha7e done. I took a receipt for the money. Ke-direct M. a. Davis Was agent at Ogden at the time. Not Mr. Dooley. My assertion to that effect was an error. It M. D00LUT Was the next witness Iu September, 187G, I was cler- for Hells, Fargo & Co., at Oden. Was general clerk in the express office I know Mr. Gautsch. T recohect ihe scrip bill, and the package ol $10,000 for McCornick Mc-Cornick & Co. Received it from F. O. Gentsch, agent Union Pacific express. ex-press. I recollect my check ou the scrip bill. Il is (lie letter R. and shows that I received the package. I delivered it to Mr. Williams, messenger. messen-ger. I made this bill (witness had it iu his hand. ) 1 billed this particular package. The package was in good condition when I received it and when I delivered it to Williams. I recollect the package independent of tiie way-bill. Williams was express messenger for Wells, Fargo & Co. Got his receipt for it. His check is W, Took a receipt for tbe way-bill. Cross-oxaminatiou I can describe it as a package supposed to contain currency. The package waa in good order. It was done up in brown paper. Can't tell how it was folded. Recollect Recol-lect the address on tbe outside. Recollect Recol-lect it independent of anything else. Recollect Ibis becauso it waa a large amount of money. It doesn't (re-puently (re-puently happen that we carry $50,-000 $50,-000 and $100,000 iu a package; $10,- 000 wa9 an unusual amount at that lime. It was the largest amount on that ojcasiou. Have not talked about tbe matter a great deal since. It ha? not; been frequently drscu?sed. Am at present ageut of Wells, Fatgo fe Co. It baa been discusatd probably twenty times. I should not call thit frequent in tbreeyears. Independent In-dependent ol discussing it I recollect tbe packace. First heard ol the loss the morning of tbe loth. I did nothing. Did not come to Salt Lake. Did not examine about the matter at the Oftden office. Came to Salt Lake some days after and consulted with the agent about it. H id then been employed by Wells, Fargo fc Co. lor about four years. Am 25 years of age. Tbe agent had charge ot the money. I was clerk. Tho money passed through my hands. Can't tell what maney the agent received and what money I received. On that evening he had nothing O do with this package of money. 1 Kg direct. It waa my busintss 10 receive Silt Lane money. Ro-cross-examined. The ag.mt ' looked alter the correspondence and . had general control of the business. The prosecution here cflered the I way bill and script Bhreis identified I by the witness in evidence Tue de-! de-! lense objected because they were not facts iu Ihe case, and could only be used for witness to refresh their memories. The prosecution did not press the mailer and they were withdrawn. with-drawn. W. O. WILLIAMS Was the next witness atvorn, but be- j fore tbe witness had been sworn Judge McRndR rrniiP'stpri thfi riprlr In slnn. i Mr. Williams, however, was sworn before (lie request wad completed when Judge Mc Bride objected tu his being sw. rn because bo had been triid, convicted of a ft lony and sentenced, sen-tenced, and quoted from tho stitutes that a person so tried and convicted cannot U h(y unless tho df ciaion haa been set aside 00 appeal or he is; pardoned by the governor. Tbe pros- j edition stated that th'1 verdict audi judgment lud betn set aside on mo- tiou for a new tnsl, and to this thej defence -tatcd that this fitting itr'idcj on a n:( lion for a new trial U im:na- teriat and wiii not fctaud 111 tine cao. J.iJg2 Sj;nc;d rjJ vrn io lue c iire i of an argument w hi u t'.,e court look a recces till 2 o'clock. After recess, Judge Sutherland resumed re-sumed his argument, reading from ciihVriMit iuitlionti',-3 to maintain the position taken by bis side. Ho maintained main-tained toat me court b- no right In graut a new IrUI in in s ce, at, 1 stated that the judge h-id no p i-ir under the law lo grant a new trial or set Rs de j-.uigment alter the pri.-erer bad bit a fCEtenctj. Toe t-lie-c;icn uas ovc.-niled, the court homing that the witness kaj competent. Excepted to. Ine pivsiit'on deeirms lo rf-f.!! a wiintts lo a fact, and the witnes? dL-:i:in-j to l-avo by to d.y'g tram, (no tjro-.-et.-d; nt were ir.t-:-:rop:cd ttmporarhy ai.J E. m . POJLKY Aain tek the tur.d I; h.ippe-ne th.t w iy-bh's sr-7 dan-d a:ie.. I, so that we Ckn roate no cur slCi r.i.'.-ev'ery r.i.'.-ev'ery niiit. l;ie bnsu.ees iicurs c.osr at 4 o'cl vc, ar.d :.fte-r tnl hrur c;r I r-.asi.ie-i is dst.'-.i R.-,-(i, neoce l:-.e w.-.y-bn. isdaltni the Ion, while the rohhory actuihv tn;k place cn ir," 14tn. Af!r t- 10 1 Ji-,- j- 1 rf- suroed, and J..,:,; !, ii-i.;e rn.ectcd to tiie tp-ti no:,v 0! Wniun 6 bting a.lowtd, he ix-ing confc.seed.y an ac- ' com;i"i'"e in tii' cS-i..s a;.d nn ior in -di l tine' nt therclor. JetJe y Bride jheid i;iat it wa-t iu trie il.-erelMn 01 jfneccart as o woethrr aj accomplice accom-plice could be permitted to tistily, ! tncugh competeat e nDugn ;1 a Iniit ted. This matttr was also freejy d;s cusaed by tne deiense, and iLe ot Section Sec-tion overruled by the iu:t. Excepted Ex-cepted to. The court having ru'id ihe witness competent, W. G. WILLIAMS Was again sworn Am 2Sjeareild. Iq September, 1S7G, wae mes-tuger for Wells, Fargo i Co. Had betn for about one year, between Salt Lske and Ogden, on tne Utah Oe-lral. Oe-lral. My duties were to receive and deliver express matter. On the 14:h of September, 1S70, I received ! packages Irom the agent at Odn jaddreesed lo McCornick & Co. and to :he Deseret National Bank, and oiuera that will be lound in the waybill. way-bill. I made a way bill. The witness wit-ness examined a way bill and recognized recog-nized it as being his. Heai;oiden-1 Heai;oiden-1 i tied bis cherks in and out. Witness Received the pAcknye u! $10,000 about 5 40 o'clock. At:er receiving it I went to my cir and then waited for the train to leave. Carried it with me, and other pick-ages, pick-ages, on the expre&s car, this car being the (rout ohq on the train. No person was in the express car wilh me that night. I delivered t tie packages pack-ages to Mr. Shurtliii, the defen-iaut. He pot into the car nt bis ranch. about twelve miles from this city. He got on at dark. He got of! in ihe city, just before the train arrived at the orchard, near the dep-jt. He got on about an hour before we arrived iu this city on tbe evening ol the robbery. Tue train stopped at his ranch and he got in my car through the side door on ibe side near the lake. 1 first took a fl,'ur sack with implements imple-ments in it, and helped him iu. I had him secreted leuiod a cupboard in tbe car, 60 that anyone could look iu the car without seeing him. About half a mile from Woous Cress the train stopped suddenly, just as Shurt-1 Shurt-1 i tx was tying me up. T again eecieted him, aed Inquired what wa tbe matter. When we started up again lie tied me up to the side of tbe car. He tied me around the legs, and niy hands to the beams. He tied me with Btriugs of cottOD, which he brought with bim. I mean cotton strips. It might have been linen. He then took an augur and weut outside and defaced tbe deior, bo as to indicate indi-cate that some violence had taken place. He defaced it near the lock. , He brought the augur with him. He 1 put the collon strps over my nose, mouth and one eye. When Sburtlifi got ofl the train was going very slow tnree to five miles per hour. Ho got ofl about a block from the depot. He got ofl about five minutes before the train stopped. We had entered into a plan 10 edict this robbery, The plan was between Shurtlifi, his wife and myself. The question ae to what was tbe plan of arrangement waa objected to by ibe defense, because not stated in tbe indictment and ou account of im-materality. im-materality. Tbe question was discussed dis-cussed and the objection overruled. Q. State what you know about that plan? Again objected lo because the Question does not limit as to time,and the quEstion was then changed. The witness proceeded The plan waa to rob Wells, Fargo & Co. The plan waa entered into in August, 1S70, I had an appointment lo meet Mrs. Shurlhfl at the end of the Warm Spring track. She came, and we talked, and IcU me tbit a plan of robbery bad been entered into by her and Snurtlifl. Again objection wrs entered, the defeudant not being present at the conversation. Overruled. Excep-tiona Excep-tiona entered. I saw Mr. Shurtliffa night or two later. Asked me if I had met his wife. He said I bad a good ahow to make a raise; that be had made several raises himself, and that be would stick by me if I would go into the robbery suggested by Mrs. Shurt-lifl. Shurt-lifl. This interview took place ia the express car, between Salt Lake and Farminglon. Q. At the interview between Mrs. Shurlhfl and yourself, what took place? A. I got a letter from Mrs. Shurtlifl, stating Tbe answer was oroken oS by an objeclion on Ibe part ot" the defense, and the objection was sustained. Q. Where is that letter? A. I had a package of letters at home, and gave Mr. Dooley an order for such letters, and do not know whether he has it or whether I destroyed it. Got il about August 1st: a boy brought it lo me. Received letters by two or three boys. Think 1 could identify two ol them. Received tue latter at Farmiogtou, while in the express car. I met her at the end of -tne Warm Spring street car track. It, was after 9 o'clock. I was on horseback. Got ibe horse from Muiloy. Fouod Mra. Shurtlifl there in a buggy, just ibis side ike bath house, close to tho fence, about 9.30 o'clock. When I I came up to her, she asked me to take a ride as she bad important business ; 10 talk to me. I got ofl and went on 1 with her. Just then a carriage paseed j with persona in il, and she expressed : leAT ttiat her horse and mine would be recognized a, id suggested that I I tie the animal iu a more secrp.t'.d plflCtj. We drove north till we came to a lane running west, over which wo went and I held the horse there. I then got into the buegy and we went north as far as Dinwoodey 8 f.irm. She introduced the subject about the robbery, which was the g-'T.rral subjflct. Said I had a good chance to make a raise, nod if I would go in Hyrum would do so too, and he would help me. I told her I would let Hyrum know whether I wi.uld do il. I rode back wilh her to within a block ot her motberd', Mn. Crismou'e, and she got out and I drove the buey to Brown's stable. I b:,d tied my horse to the bncuy, and whe-n wiihm about a biock ot the ubhi I iitd him lo a tree, tonk the luiu'y 111 and tnen took back the iiofj-e I ImJ. A niu'iil or tvo later Si;ur;hti camedown wilh me, bringing a b;,t;ie ot"w:ii?ky and taikfd to me about it, paying that if 1 wuld go in he would nive me half the money r.nd stick ri;nt by me. and employ tbe beat cunisil to delt-nd me il 1 was eu-pected. H? ti,i.t me b"W encces-Ini encces-Ini i:r hs1 ben in Ihe cattle business on toe Promt ntory. I d;d not pgrce . to th- rubbery t..at nuht. I taw ::iuril,f nearly c-vt-ry day fitter tnat ! t; I tiie robi'i ry took place. ft"e agreed ! ir. tnr r -b -ry two 0; mree nights ..lt-r tie rode d-jwn wan me. Wu agreed j to it ''U M tin street put rveiuw G.Ohe's : fcirc. Ha w to nie ba.f the ; moury a:.d etav rig it by me 11 nad several pians; li:e r-ne t r 1 rd rn I w? mat Mra. Si.urtort enu.d a: U. . Ot i-'n r,J 'f niJ enor.tD in. ;.- v tu I j.:. . 1'y tne r:h b, r- i . to t . w ucr I a f'nal w:i-"mi w.is to yet c-n tne lr.i::i at OtL is-n i c ir.e io me .'Ar.-. ii, and rii1 was to g--i 1 ut on Ino ar.d ne 1 1 n u on in" w-et ;.de. He to lasn rr to the car ii.d lo I'm p nut r.i the cir no tne cat s:de, t.a he ;;n.pf 1 out oa .ho ci:.ct ?"-ie. H-e bad a plallorm. and it ffss to be to fcrrmcd ttui tne 1 tr.iin won d -p ex at me plat 10m. so l .1 it e 0 1; nc" 1 : t w ,u r my car w..n j be. ihic ,rrn wi- p..ic, d f 1 pre -el y f r t;,is r. bb-. ry, an I pritr '.0 lis being mere tntre waa no p.'jce -it wuica to t;p particularly. ; In crutr to know v.hatnigut ne was lo come, he would have bis wile meet : me and write a letter so tnat ttie ! would know. Tne signal was that r.e j should get on when tbe train stopped. I By means ot a letter I met her cne l eight at the head of Main street, near the culvert. 1 was to know her by a black shawl. J met her. Tnis wao a short time before the robbery. We talked of the signal, whisb was that I was to raise my bat to her. Saw her again te night be:ore tbe robaery ai Oden. Sue wss on the piatlorm. Did not give a fignal that evening lhere was cot enoogn mcney in tne rue. Saw her the night of the rob i bery. .Sne waa with one or two oti.er ! ladies. I eave her the signal raided my bat. She went into the ticket ; ) otfice, then got into the cars. At Stiurtlitl's ranch sh gel out on tne east ede and he in ou the we?t. I helped him in. He brought nn augur and eclton strips wilh bim. 1 received re-ceived about hall a dczan letters Jrom Mr. SnurthlT. Received some I ere and eome at Fjrmington. Tue phu form was put up a short time bUere ibe robbery. On the side StiurthU got in there were a great many tun-fljwera. tun-fljwera. Tuey w-:re very thick, rlr was secreted iu them. I had been lo Shurtlifl b house prior to ihe robbery. I went up with a young man named Squires to s-.-e some laud and stopped at Ikt hosc. I met Mrs. S. there for the first lime. This was about July Had known Shurtlifl for a numbir of years by sight. The door ol the car was leit ccu'd look in and see I was alone. Ihe triliu first stopped at Centrevilie, Ihen at Woods Crosa. 1 bud tbe money all ready for bim. We put ibe light out wtien Shurtlifl went ou: to deface the dcor. The light, was on the east eide of the car. He put it out. I was then lied up. I was arrested ar-rested about 1 o'clock iu tbe morning alter the robbery. bad an examma lion belore Alderman Ruleigh toe same morcing and I was admitted t'; bail and Mr. Shurtlifl" and my broth ers and others went my security. Have talked to Shurtlifl since then. Have been to bis house. Have been several limes since the robbery. Tuinfc I went to Coalviile at his request, he being afraid I would be hupg up and made to confess. I waa to go out there and keep books. I did not remain re-main long. I then came back to Sail Lake city. When there was a sutfi cient run Shurtlifl was to be on ihe west eide. He was tD hide there every uicht until tbe train stooped there. which waa to be a signal. I know Mr. Bolt tbe engineer. I got a verbal message from Shurtlifl" through Mr. Bolt, telling me that tbere was a plan lo hang me up, He told me ou the theatre steps. I got angry and asked why Shurtlifl did uoi see me himseif. Shurtlifl epoke lo me about it before j tnis and then talked about sending me to Coalvilie. T came on the even- ug train and stopped at Snurtlifi's ranch. Shurtlifl' was in Ogden and gave me a note to bis wile and I sta'd at his house that night. Cross-examinatiou I bad been employed by Wells, Fargo '& Co. for about tbreeyears. Don't know what year 1 went into their employ. I was first local agent at Granite. The robbery look place in September. 1876. Was messenger about a year before the robbery took place. My home was in Salt Lake. 1 was mar ried in 1673 or 1SS4. Was in their employment a few months before I was married. First got acquainted with ShurlhS a few months after I commenced running on the road. I got acquainted with him because be 1 generally came in In the baggage car, aud the express and baggage car was cms then, and housed to talk to us. I firet got acquainted wilh Mrs. Shurt- lilTwhen I went up lo look at eome laud, it waa beforo tbe 4th of July. Then got an introduction. On the. 4th I saw her at Ogdeu. She was! with her brothers and sisters. I came up accidentally to where they were sitting, and she arose and shook my hand. Next saw her one morning morn-ing at ihe depot; she wai on the car. Spoke to her then. Said notbiug particular. The next time I met ber was at tbe end of tbe Warm Spring track, after receiving tbo letter. A few days after I saw her at tho depot. Whether I destroyed tbe letter or Mr. Dooley has it I do not know. Don't remember when I last saw it. I believe I destroyed it, but 1 do not know. Can't say that it waB my par ticular intention to destroy that letter, though it ia my custom. I may have met her between the time3 mentioned, but I don't know. She rode up with me. It was about the latter end of July. I invited ber into the car. She rode up to Farminglon. That was tho third time I ever met her. No person on the express car but us. Don't remember re-member the conductor coming in. He did not come into my car. Xuink he was standing close by when she got ofl. The platform wa built about, tbe last ol August. Will not swear it j was not there in July, It was in our plot to put the platform up. I will say it waa put up in August. Have no recollection of its being there before 1 went to Mrs. Shurthfl's. Have no recollection of seeing it till after Ihe talk with Mra. Shurtlifl. Judge Mcliride conducted the cross-examination cross-examination ond a Btroug eflort was made to get the witness to swear when ho first saw the platform, but up to the time of adjournment, which occurred now, the ctlort waB fruitless. Caurt adjourned lili 9 30 o'clock. |