passed the place while the rail was being loosened. He claimed that he saw Detective Scott and a short, heavily-built man do the work. The witness was asked to identify Scott among the crowd in the court room, and, while point-
The Pinkerton Labor Spy. 83
ing an accusing finger at the tool of the mine owners, he said, "THIS IS THE MAN NOW STANDING UP THAT I SAW WITH A BAR IN HIS HAND, OR A PIECE OF STEEL/'
Engineer Rush's evidence was still more damaging. The engineer stated that a day previous to the attempted wrecking, he was approached by Detective Scott, and asked where there was a good place to derail a train. According to engineer Rush's testimony, Detective Scott suggested one point, but he, the engineer, suggested another place, about 200 yards farther south. When qtfestioned by counsel as to which place was chosen for the derailing, the engineer said, "YES, IT WAS AT THE VERY PLACE THAT I SUGGESTED."
The evidence of Charles McKinney, state's evidence and star witness, created a sensation.
It was brought out that he had been a member of a gang of cattle and horse thieves operating on the line between Kansas and Nebraska, and that he had fled from there for fear of landing in the penitentiary. After coming into the Cripple Creek district he was known under various aliases.
It appeared that McKinney was a mental degenerate, and that the Mine Owners' Association took advantage of this fact by having him sign confessions wherein he implicated Foster, Parker and Davis in a plot to wreck the Florence & Cripple Creek train, and stating besides the amount of money they had agreed to pay him forTiis deed.