Los Angeles 14 Apr 1894 "MORE ABOUT THE ROBBERS" Comstock Says That His Arrest Is an Outrage.
-, c a 1 ' : \ LOS ANGELES MORE ABOUT THE ROBBERS. Comstock Says That His Arrest Arrest Is an Outrage. Thorne and Fitzsimmons Alao Declare Declare Their Innocence. All Three Man, However, Havo Bad Reputations—Aa Attempt to Make On* or Th«m Confess. Confess. J. V. Brighton, who ia responsible for the arrest of John Comstock, Walter Thorne and Patrick Fitzsimmons, arrived arrived in tha oity yesterday from the Little IYjunga cafion, where ha uneaithed uneaithed evidence npon whioh to charge the men with wrecking and robbing tha train at Roscoe last February. Brighton is better known by his connection with the arrest of Evans and Morel. Whan questioned on the arrest ha refused to give ont any of the evidence, bnt said unhesitatingly that he had a good case. The evidence against the man ia said to be strong, bnt tbere are some who believe they will never be convicted by a jury. Attorneys Peck & Ling have been engaged by the defendants as counsel counsel in the case. Mr. Peck has known Fitzsimmons for years and has defended bim in several suits in San Bernardino, where he came from two years ago. It is thought that Comstock and Tborne also came from there, or have relatives there. Comstock, when seen in the county jail yesterday, denied all knowledge of the robbery. He aaid that it waa an outrage that he and Thorne ware arrested arrested on such a charge. Wben asked about the guv and mask that United States Marshal Gard unearthed at bis house, Comstock said it waa a falsehood; that he had no gun covered beneath a mattress. Tbe only way he could see bow the story originated was that the officers took hie gun from the houae. As to tbe mask made from an old hat, there was nothing in it—tbey might have got an old hat, but certainly no mask. Fitzsimmons also tells the same story as to hia innocence, and Thorne seems to be very much hurt over his arrest on Account of his mother at San Bernardino. The young man is a brother-in-law of Fitzsimmons. Hs is well known in tbe vicinity of San Fernando, where he conducted conducted a dancing school. His reputation reputation ie not good. Fitzsimmons hai been arrested a number number of times on different charges. About a year ago be wae acquitted of burglary, having been accused of stealing a set of harness from Simon White of Bnrbank. Tborne was also thought to be implicated, implicated, and, although tbere was a warrant warrant for him, he was never arrested. White had a baggy itolen soon after he lost hie harness, but it was never recovered. recovered. Conietock has a reputation almost equal to that of the other two men. He *aa tried by Justice Xi ; at Burbank 30 several charges, and managed in each instance to escape in some manner. A prominent officer, in speaking ol tha arreßt, bjid that while Gard had arrested arrested t»«n «»i u»a salutation, he did not think they would ever be convicted 01 the crime for which they stand accused. No jury nowadays will hang a man on circumstantial evidence, unless it is of the strongest character. So far aB known no other evidence has been secured. secured. Just what will be brought ont at the preliminary examination remains to be seen. P. E. King, who was formerly jnstice of the peace at Burbank and Garvanza, aud belore whom Comstock was tried several times, is tho van credited with having given the officers the clue which I d to the arrests. The morning following tbe robbery King came to the city and gave out his suspicions suspicions iv the case. The records of all three men were investigated and found to be bad. Every officer except Gard abandoned the cine within a few weeks. King saye that Comatock Comatock is an expert in using dynamite, in which cane it would have been an easy matter for bim to make the bomb used in blowing open the express car. King also says that the □ reman on tbe train on the night of the first robbery can identify one of the men by tbe peculiar accent of his voice, He makes the sensational statement that ho has witnesses to prove where the robbers campt the night of tbe robbery. As in the caae against Smith and Johnson, Johnson, the attorneys for Comstock, Thorne and Fitzaimmons wili attempt to prove an alibi. Another good point in their favor is tbat there has been no Mexican money found,and the men are known to have spent no more money since the robbery than they did before. The plan by Detective Bowler was first mapped out in an endeavor to get Fitzsimmons Fitzsimmons to confesa. With this end in view he was placed in the city jail, while Comstock and Thome were placed in separate cello in the county jail. The f Ihcerti believe tbat one of tbe men will weaken and admit having committed the robbery. of ia reply, iiveoak and and mountain. invariably tbat to by were to got still object had the waa and lie tbo the that sent the Slace A the (tunday aa and to will U. to in J At