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Show I WERE CLORE AND O'HARA I IN BINGHAM THE NSGHT II OF THE TRAIN HOLDUP ! - I Witnesses for the Defense, Who Say They Were, 1 Are Shown Affidavits Made in March, Contra- 1 ; dieting Tiieir Statements on the Witness I Stand Strong Proof of an Alibi Pre- 1 sented in Behalf of Accused Yes- I terday is Being Attacked To- I day by Prosecution. I H Tho stato has begun tho arduous t H task of battering down the alibi which H the defending counsel in tho Clore- H O'Hara caso hns been bo skilfully H building slnco tho state rested yoster- I day morning. A number of witnesses H j -woro produced during Jhe morning H Besslon by tho stato In Its rebuttal, H and tho veracity of several of tho H Bingham witnesses was brought Into H question, although tho prosecution H fallod tojmpoach any of tho testimony H ' "bearing upon tho alleged alibi of tho I I defense. H Tho case was opened today with the Introduction of John J. Crolghton J of Bingham, who gavo his occupa-H occupa-H tlon as gamekeeper. In the direct tes-H tes-H tlmony of Crelghton, handled by At-H At-H torncy Powers! the witness swore that , he knew Victor Clore and Bryan O'Hara. He stated that ho had seen H ' both men in the Copper King saloon H on December 20, 5u and January 1; he H had not seen the defendants on De I comber 31 On the first day of January Janu-ary the witness stated that ho was taken sick and did not see tho two men until January 5 or G. Ho vowod that ho had talked to the men on sev- I oral occasions, and they told him they I ejected to receive a draft from homo B I for $100, He said that later he H i learned they had received this money. , Clore Shot Craps. Ij "What do you mean when you say ml' you are a gamekeeper?" askied tho H ' county attorney In beginning the i cross-examination of tho witness. "1 mean that I am dealing faro." ' "How long have you been- engaged in gambling for a living?" j "About seventeen years." "How do you happen to know Cloro and O'Hara?" "Clore has shot craps with me." Hi "Did Clore seem to have money HI during your acquaintance with him in Hj Bingham?" HU I believe when heifirst camo there Hi I he had ten or fifteen 'dollars." Hj! J "When were you first asked If you HI could remember seeing Cloro and HI O'Hara about the 2nd of January?" HL "A fellow came to Bingham and Hi asked me If I could remember Beelng HI two boys that had stopped at the Com- 1 I blnatlon rooming house He related HJ! an Incident of my going across the H street with them and of giving ono of HA i them two bits to get something to eat. HF l This Incident called to my mind tho Hjl j i boys he was alluding to, nnd I told HI. ' him all I could remember of them. T HI think this was some time In March. H J and the man who Inquired was a H brother of O'Hara." HI The next witness nroduced by the H ji I defenso was John E. Shone, who stated HI that he went to Bingham on Decern- H Ji her 27 and that he met Cloro and H ' O'Hara some time before tho first of H j the year. Ho would not stato tho ox- H act "day. He said ho had not mot either of the defendants on January 1, but ho had on January 2. Saw Clore and O'Hara January 2. "When and where did you sco these men on January 2'" tho defense asked. "In tho Coppery King saloon during the evening " "Did you talk with them?" "Yes, sir. I talked to them about work." "Did you seothem alter tLo evening of January 2?" "I 6aw "them t every day until January Janu-ary 6." Under tho cross-examination the witness stated that his homo was In Butte, and that ho had gone to Bingham Bing-ham In search of work. Ho admitted that on every instance when he had met Clore and O'Hara thoimeetlng occurred oc-curred In a saloon. The defonso Introduced a deposition made by James Hayes, who now re- j sides in Las Vegas, Nev., but prior tx and at tho time of the holdup was in Salt Lake City This affidavit was read into the testimony, but had little bearing on the alibi, as tho writer ' merelv stated that ho had known tho I defendants in Salt Lake City prior to i the date of tho holdup and after tho date of the robbery knew that tho men had received a draft from Michigan, Michi-gan, which they cashed la Salt Lake Cltv. After the reading of this deposition tho defense stated to the court that they hnd other wltnewes which they , could place on the stand this afternoon, after-noon, hut who were not then In the court room. No objection to this arrangement ar-rangement was made by the state and the rest of the of the morning was occupied oc-cupied In the beginning of the states robuttal. State's Rebuttal. John O'Leary. who testified yesterday yester-day In behalf of the defense, was recalled re-called by tho state. "When did you last see Cloro and O'Hara?" ho wa9 asked. "On January 9 of this year," was the reply ..,. "What were you doing on that day that Axes the dato In your mind?" "Cloro and I wero rustling." "Rustling?" "That's looking for a Job, ' the wlt-noss wlt-noss explained- "Do you know Boan of tho Highland High-land Boy mine?" "Yes, sir." "Did you not get discharged for drunkenness from the Highland Boy mine?" I "No. sir. I swear before God and man that I never did." "Did you ever work in Park City? "No, sir. I never did." ( Woman Becomes Nervous. Mrs, Fred Goodman, another of tho defending witnesses, was recalled to the stand by tho state and confronto-l with a deposition which had been secured se-cured by detectives on March 15 Mrs. Goodman quailed under the flro of critical interrogations to which she was subjected She appeared nervous and her pallid face became oven moro pale as she Insisted that when she had made the statement on March 5, that she could not remember Cloro and O'Hara, sho did not know to whom she was referring. "Wasn't a photograph ot Cloro shown to you by Sheriff Sharp when you wero in the' office of Judge E E. Dudley?" Attorney Jonson aBkcd her. "Yes, but I did not recognize the picture" pic-ture" "You were shown the photograph of Clore and glvon a general description of tho man and vet you sworo at that tlmo that you did not remember of the man ever stopping at your rooming house Isn't that true?" "I did not connect this man, whom I now know as Clore, with the picture pic-ture and description," tho witness repeated, re-peated, "When you finally did connect the photograph and Clore didn't you say that Cloro and O'Hara had stoppod at your rilace, but that they had stayed ' out all night and slept 'mostly In tho dav tlmo?" "No, I didn't say that" Question of Drinks. Thomas Patrick McCormlck, the' rich brogued witness of tho defense, climbed back Into the chair at the request of tho stato and was questioned question-ed regarding his use of Intoxicants. "Do vou over get Intoxicated?" ho X was asked. "Not anv more than I am right new," he rejoined In the samp snappv manner that characterized his testimony testi-mony when called by the defense. "Well, how manv drinks have you , had this morning7" "That's mv bu6lners." "You don't care to state?" "No, sir, I won't state.' j The questioner turned to the court and asked that the witness "be made to answer tho question I "Answer his question," warned the j court. Wanted to Be Coached. 1 The witness turned first to the court I I and after pazin? for a second into the ! Htern s-t countenance of tho Judge, i i turned to Attorney Powers In his search for an evading refuge. "What j will I sav, JudceJ" ho asked the coun- ' el for the defense. Both attorneys j for tho defens? mutely smiled. "Answer mv question," Insisted the ' countv- attorney. ,' - ' "I onlr had one drink," shot hack i McCormlck. j Judge E. E. Dudley of Blncham was ! called by the tate an-1 told ot having ; taken the testlmcnv of Mrs Goodman In tho drafting of the deposition. He sworo that when Vrs. Goodman was i shown the photograph of Cloro In j Bingham she testified that she had never seen the man b. I foro In her life Durlnr this effort of tho state to Impeach tho testimony tes-timony of the Bingham landlady and the production of -.the- photograDh. Clore bent forward In his'seat and his faco was distorted by the keen Interest which It showed. This photograph was admitted as ovldcnce In the hearing hear-ing yesterday. Picture Not a Good One. In cross-examining Judge Dudley, the defense asserted that the photograph photo-graph which had hecn shown, to Mrs. Goodman was not a good likeness of Clore, and that the witness could not be expected to identify a former roomer room-er by an Inaccurate picture of him. Deputy Sheriff C. D. Coals of Bingham, Bing-ham, who was present at the time tho photograph was shown to tho landlady land-lady of the Combination rooming house, was called to testify and corroborated cor-roborated the statement of the Bingham Bing-ham Judge that tho woman had denlod that 6he ever knew tho original of tho photograph. To provo that Witness O'Leary had been discharged for drunkenness from the Highland Boy mine, and that he had been In Park City, despite his statements on tho stand to the contrary, con-trary, G. T. Bean, foreman of tho mine, was produced by tho stato. Bean swore that ho had known 0Loary for about a year and a half, and that h6 knew that ho had been "fired" for drunkennoss Ho told of having seen the man staggering while at work, and that he had ordored that he bo discharged. He said that Pete Hunnlng, the shift boss, had discharged dis-charged O'Leary Swore O'Leary Drank. On direct examination he swore that O'Leary had beon In Park City, but when cross-examined ho admitted that he might be mistaken on this point, but he insisted that O'Leary was a I drinking man, and because of this 1 fact had lost his Job with the mining company The court adjourned at tho conclu- I sion of Bean's testimony until this i afternoon. ! At the resumption of the hearing this afternon the defense calleJ Geo Wilson, a solicitor for the Standard, to tho witness stand to testify regarding regard-ing a trip he made to Warren and vicinity In December and January when ho mot Mrs. Hansen and asked concorning the distances between different dif-ferent places and the direction and distance to Reese, whore the robbery occurred. Mrs. Hansen Identified tho prisoner Clore as the one who called at the home and Inquired about the country but attorneys for the defendants contend con-tend that It was Wilson she saw. Thero Is no striking resemblance between be-tween Clore and Wilson, hut In general gen-eral build thero Is a resemblance. Wilson wears glasses and Clore does not. but Wilson stated that he does not always wear his glasses and that he may not have had them on that day. On direct examination, Mr. Wilson stated that he visited Warren and vicinity vi-cinity December 20, 1910, and on January Jan-uary 1, 1911, going to Plain city on the street car and from there ho traveled on foot. He said that ho called at Mr3. Hansen's home and Inquired of her the distance to Reeso on the Southern Pacific road, he also Inquired Inquir-ed of the distance to the street car line and made othor inquiries of the J rural district in general. He did not hesitate to say that It was Mrs. Han- sen ho saw and talked with. I On cross-examination Wilson stated that he had traveled much around tho country In the past few years and that he had visited eight or ton stata and no telling how many cities, during that time. At 3 o'clock the county attorney was still conducting the cross-examination. Yesterday Afternoon's Prooceedlnge. The defense scored at every turn In the proceedings of tho Clore-O'Hara hearing yesterday afternoon, when the defending council produced a number of wltnosses who sworo that they had seen the two prisoners In Bingham Canyon on tho night of the Overland train robbery at Reese. Affidavits produced by the Plnkerton detective agency perhaps disturbed the testimony testi-mony of those witnesses but did not repudiate it . A letter which John O'Leary of Bingham sworo he wrote on the afternoon af-ternoon of January 2, while in the company of Victor Clore and- Bryan O'Hara, to a mutual friend, James Hayes, who was then In Salt Lake City, was produced In the court by the defense. In this letter was the statement, "O'Hara and his partner are with me," Apcordlng to the defense de-fense this epistle was obtained from the recipient Hayes. The stato offered of-fered no objection to It being entered as evidence although It was without the envelope In which It had been mailed. Cross Examination of Reed. The afternoon session began with tho continuance of the cross examination examin-ation of Ralph l"ed, wlio swore during dur-ing the morning session that he had slept with the defendants on the night of the holdup. All efforts of tho state to batter down or dislodge this keystone key-stone in the wall which tho defense Is building between their clients and the gallows were futile. Only In tho most trifling details did the witness wit-ness contradict his direct testimony when under the flro of the countv attorney. The second witness Introduced by the defense was Andrew Tjugum, .a contractor of Bingham Canyon. Ho stated that ho had known Cloro and O'Hara last summer when thoy were working as car repairers at TIndoy, Ida. "When did you first see these men In Bingham?" asked Attorney Powers. "I met them In a saloon on the afternoon af-ternoon of January 1." "When did you next see them?" "In the. Old Crow saloon at Bingham Bing-ham on the evening of January 2." "How do you know It was on January Jan-uary 2?" "Because I remember that tho dav before was New Year's and we did not go to work. I remomber that it was the day after this that I met Clore and O'Harn. I know It was on tho evening of that dav because I worked during tho day aatl did not get down town until about 8 o'clock. I was with them until 9 o'clock. "Could you . be mistaken about this?" "No, I could not" Severo Cross Examination. The stato subjected the witness to a severe cross examination but failed to weaken tho man's story to any appreciable extent "Were you drinking on the night of January 2?" asked the county attorney. at-torney. "I may have had a few drinks." 4 "Weren't you drunk?" "No sir" "You have heen .arrested for being drunk, haven't you?" "No sir. I have been drunk all right but I have never been arrested." This frank statement of tho wltneas brought a smile from the spectators In which the two prisoners Joined. Mrs. Fred Goodman, landlady of the Combination rooming house at Bingham, was called by the defending counsel Sho stated that she knew Clore and O'Hara and that they had roomed at her place during tho first week In January. "Clore rented room No. 7," she said, "on Decomber 31, paying In advance for the room for one week. I saw Clore on January 1 and on January 2 in tho afternoon. I also saw him on tho morning of January 3. I made up the bed In which the men slept on the night of January 2 I know that both of them were at tho rooming house until January 7." Could Not be Mistaken. "What do you think as to whethor or not tho mn occupied tl.o room every night from January 1 to January Jan-uary 7?" the defending counsel asked. "I am posltivo that thoy did." "Could you bo mistaken?" "I could not bo mistaken." Under cross examination the wlti noes firmly maintained that she was certain that she had seen the two prisoners even" day between January 1 and January 7 "and could not bo shaken from this rJosltlon. John Edwards, proprietor of the Combination saloon, i-ooming house, and gambling house, where Clore and O'Hara are alleged to have stopped during their stay in Blngam, was next Introduced by tho defense. Edwards admitted the charactor of the place he was conducting but denied that ho had anything to do with the gambling department of tho place that he said was conducted by another an-other man. He could not testify to having seen the defendants on the night of the holdup but he produced the register of the hotel department on which wero written tie names of the two defendants under the dato of December 31. Was With Accused Now Year's Day. John O'Leary, who now lives In Salt Lake but who during tno month of January was In Bingham, mounted the witness stand. He stated that ho had met Cloro and O' Hara on December De-cember 22, 1910, In Salt Lake City and that he had next met them at the Combination rooming house on January Jan-uary 1. On tho afternoon of that day he said ho was In their room and that they borrowed his razor to shave. "On the afternoon of January 2 I was In the postofflce at Bingham and Clore and 0'IIara were with me. I wrote a letter to James Hayes of Salt Lake, tho man who Introduced me to the boys." This letter was produced by the defense and the witness identified It as the one ho had written. Tho defense de-fense asked that the letter bo entered Into the testimony and read it so that should It be lost "there would still be a record of It, The stato offered no objection. .he epistle closed with tho statemont that O'Hara and partner part-ner wero with him. The manner of Introducing this Important ploco of ovldcnce displayed tho cleverness of tho defending counsel, tho reference to Clore and O'Hara which is contained, con-tained, coming as a surprise to the prosecution. ' Plnkerton Produces Affidavit. To counteract O'Loarv's testimony the state produced an affidavit which had been secured by Plnkerton detectives detec-tives from O'Leary on March 22. In this statement tho witness said ho met Cloro and O'Hara In Salt Lake December 21 and that he could not bo certain that he had seen the men on January 2. The witness, did not attempt to deny that he had made this statement on March 22 but contended con-tended that slnco that time ho had made further Investigations which led him to bo convinced thnt he had seen the men on January 2. The last witness of tho afternoon was Patrick McCormlck, employed as fireman by the Utah Copper company com-pany of PIngham. He was asked If he knew Cloro and O'Hara. "I mot the two of 'em," ho said with a green brogue, "while I was working on the Gllmore and Pittsburg Pitts-burg railroad last summer." "Where did you next see them?" "On January 1 at Bingham." "Did you see them on the second j day of January?" l "No, but I saw 'em on tho second night of January " "Are you certain that you saw them on the first, and second of January?" "Certainly, I'm sure."! Another Affidavit Produced. An affidavit was produced by tho state secured in Bingham by Plnkerton Plnker-ton detectives In which McCormlck had sworn that he could not state positively that he had seen the men In Bingham on the dates of January 2, 3 or 1. "What have you to say regarding this affidavit?" asked tho county attorney. at-torney. "That was the bost of my opinion at that time but this what I'm tollln now Is the truth." ''But you swore that this statement was true In the presence of a notary public and a justice of the peace didn't you?" tho attorney Insisted. "I did not I sworo to It In tho presence of a notary of the public and a Plnkerton detective," shot back the witness. Court Rebukes Spectators. Hand clapping and loud laughter greeted this, statoment from the audience audi-ence chamber, tho noise continuing until" the judge had rapped several tlmeR with his gavel for order. Judge Murphy threatened to flue the offending offend-ing persons for contempt of court If thero were any more outbursts of tho kind during the proceedings. j |
