and Henry Gandy with the murder of John Landis. On the same evening Maj. Dannevik made the same complaint against E. R. Worthington before Justice McCrea.
The warrents were all promptly issued and placed in the hands of constable Sol Marsh.
On the afternoon of the 8th Marsh arrested Worthington at his house; he then proceeded to Logan accompanied by Eric Johnson and the prisoner, arriving their after dark.
He proceeded to Gandy's house and arrested him. He then went to the Ferrett house with his prisoners; here he met Sheriff Jack Conarty and Deputy Sheriff Pat Conarty.
Sol turned Gandy over to Pat, who came to Norton with him that night; Sol remained there that night and brought Worthington up the next day; he turned the warrant for Cummings over to the sheriff, who proceeded up the river, accompanied by Eric Johnson, to make the arrest.
They slept that night in Langford's straw stack expecting to surprise them at day-break and make the arrest, but when they came to search the house in the morning, Cummings was not there.
They then returned to Norton. Worthington proved an alibi and was dismissed by McCrea.
But little attention was paid to his case as it was not thought at the time that he was the guilty party.
Gandy's trial was continued from day to day until September 27. He was represented by A. L. Patchen and O. C. R. Randall, of Stockton.
County Attorney Thomas Beaumont was assisted in the prosecution by J. R. Hamilton, L. K. Pratt and M. W.
Pettigrew. The trial lasted until October 3, when the case was dismissed on motion of the county attorney, for the lack of evidence, it being his opinion that more evidence could be obtained later on, intending to then re-arrest him and bring him to trial.
Over one hundred witnesses were examined, but it soon became apparent that the band of regulars, previously spoken of, intended to clear him if false swearing would do it. On the morning of September 10, Jack and Pat Conarty went to the Solomon after Cummings. On their arrival at Landis' house they found out that the regulars had been fortified for two days at Worthington's house but to prevent the arrest the Regulars had moved up to Conkeys and stayed one night but afterward returned and were at that time at Langford's.
The sheriff deputized all the men he could get and proceeded to Langfords, but when he got there no trace of the mob could be found, but the sheriff's posse soon learned that the Regulars had started for Leota where some government arms were stored to be used in the event of possible Indian raids. One of the Shields boys, who gave the sheriff the information, said there were 65 of them. The sheriff and posse started for Leota to make the arrest. On the high divide south of town they come up to them; the Regulars refused to surrender Cummings to them but after some parleying, which occured (sic) while they were driving along they agreed to surrender conditionally. They drove into Leota; the sheriff took charge of the government arms. The Regulars agreed to surrender Cummings if he could be secured from being lynched and promised a fair trial.
I. N. Cope and J. W. Langford come (sic) to Norton and secured an agreement from J. R. Hamilton, William Simpson and W. E. Case that Cummings should not be mobbed which was certainly the intention. As soon as this was known at Leota Cummings came to Norton with sheriff Conarty, accompanied by the entire band of Regulars. They went into camp south of town near where Tom Snook's blacksmith shop now stands. They sent out word that they would patrol the town that night, and did put a guard around Bill Roger's house where
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