Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-11
BURTs ASSAULT on COLLIN.
Police Justice speirs Assesses s2o
Fine, and the Grand Jury Will
Farther Consider II.

Last evenings DEMOCRAT contained an
account of Andrew d. Burt's assault ON
Deputy United States Marshal Collin
while in the discharge of his duties. Burt
was arrested and delivered over to Off
GERS Pratt and Burt at the city police sta
ton, but he did not remain in their Gus
tody. Collin went before United States
Commissioner Mckay with witnessesand
swore out complaint against Burt for
battery and molestation while discharg-
ing his sworn duties. This morning Col
lin and Burt and U. s. Marshal Ireland
and some of the defendants witnesses
appeared before Judge Speirs in the
case.
Deputy United States Marshal Henry
+. Collin was the first witness called to
testify. Mr.. Collin said he went into
Tomney & Hillstead's saloon yesterday
afternoon to serve papers on Mr. John
w. Sprout and Nigltwatchman Burbidge
in the robbery case OF Gerran x Williams
saloon, short time since. After sub
pnnaing Mr.. Sproat, the bartender, he
stepped across the room to MIR. Burbidge
and started to read subpoena, when
by asking him who was the originator OF
the "spotter'' article in last Sundays
Tribune Collin told him he did
not know, and proceeded to finish
the reading OF the legal paper,
when Burt again interfered by
saying to Collin that he was the person
who gave him away. Collin finished
reading the document and started out of
the saloon, when Burt followed, and ac-
costing him again accused the Deputy Of
informing on him, and at the same time
called Collin a "G-d d-n liar" and
odd s-n OF b." and said he would
kill him. Collin tried to persuade him
that he was wrong, and that the particu-
lars were learned from some other
source, but Burt would not listen to it,
and drawing back his sledge-hammer
fist, struck the marshal u stunning blow,
and followed it up with several more ter
rife strokes about the left side OF the head.
At this juncture Mr. Al. Barker, who was
inside, hearing the scuffiing stepped out
side and pinioned Burt's arms, SO that
Collin got away from the trouble.
Mr.. S. A. Kenner appeared for the de-
PENDANT Burt, and Police Court Attorney
Moyle conducted the prosecution. 1t was
shown by witnesses that Burt interfered
with Marshal Collin while in the dis
charge of his duties and told him that he
had informed the Tribune he was a
"spotter," to all of which Collin replied
that the assertion was utterly false.
James w. Burbidge, nightwatchman
about the Wasatch building was put on
the stand and stated that he saw Burt
come into Tomney & Hillstead's saloon
yesterday afternoon when Mr.. Collin was
| Nv Cnll Mr.
Sproat, the bar tender, and then APP
preached the witness. Burt came up
and some controversy followed not known
by the witness. The two men walked
out to the sidewalk and shortly after Il
scuffle was heard when Burbidge went
out and saw AL Barker holding Burts
arms and Collin getting up bare headed
with his head bleeding. Burbidge ar
rested Burt and took him to the City
Hall where he was turned over to the
custody OF police officers Pratt and Burt
Al. Barker saw Burt and Collin in the
saloon yesterday afternoon. Saw the two
men in some controversy, when all al
once they went outside, where u scufile
was heard and the witness went out and
took Burt off from Collin.
Judge Speirs asked Collin about the
blows received from Burt, and learned
that the first blow was received in the
mouth, which stunned.
Officer Pratt said he received the de
PENDANT from Mr.. Burbidge, and had helt
him in custody ever since.
A. ID. Burt, the defendant, testified
that he was standing in the doorway o
the Fisher Beer Hall, when he saw Collir
coming down the street with some paper!
in his hand. Defendant stood there unit
the subpGnaes were served on Sproat ant
Burbidge, when. he accosted Collin for AZ
explanation of the "Spotter' article il
Sundays Tribune. Collin said HI
knew nothing whatever about it
He said: $50 | am spotter
am ?'' and Collin said eyes, you hav,
been spotting here for some six or sever
days" Witness put his hand on Collin
shoulder, when the Deputy Marsha
turned around, and not knowing wha
was to come he resolved to run no risl
and struck him. Struck him more thar
once, but don't think the blow knocked
him down.
Prosecuting Attorney Movie brief,
stated to the police magistrate that thiI
class OF cases was familiar thing in til,
Police Court, and thought the Cour
could best judge of the decision to max,
out against the defendant, without an,
lengthy arguments.
S. A. Kenner, for the defendant
thought that Burt had some provocatiol
in justification of his conduct toward Col
lin from the existing bad feeling between
them. Burt admitted the battery, whicl
was but scrap, and should no
amount to anything different than troubl,
between two common citizens.
The Court sized up the testimony ant
rendered judgment OF S25 and cost
against Burt, who was at once summone,
to appear before the Grand Jury, wher
the prosecution and many witnesse
awaited hearing.