Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-11
BuRTs ASSAULT ON COLLIN.
Police Justice Spefrs Assesses a S25
Fine. and the Grand Jury Will
Further Consider 1t.

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 witnesses and
swore out a 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
F. 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 Nightwatchman Burbidge
in the robbery case of Gerran & Williams
saloon, a short time since. After SUBJ
penaing Mr.. Sproat, the bartender. he
stepped across the room to Mr.. Burbidge
and started to read subpoena, when
Burt stepped up and interrupted Collin
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,
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 &C
costing him again accused the Deputy of
informing on him, and at the same time
called Collin cd d-n liar" and a
Odds 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 stunning blow,
and followed it up with several more ter
rifle strokes about the left side of the head |
AT this juncture Mr. AL Barker, who was
inside, hearing the scuffling stepped out
side and pinioned Burt's arms, so that
Collin got away from the trouble.
MIR. 5. A. Kenner appeared for the de-
fendant 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
there. Mr.. Collin served paper on Mr..
Sproat, the bar tender, and then ap-
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
'cutfie was heard when Burbidge went
out and saw al Barker holding Burt's
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
'aioon yesterday afternoon. Saw the two
men in some controversy, when all at
nee they went outside, where scuffie
vas heard and the witness went out and
ook Burt off from Collin.
Judge Speirs asked Collin about the
lows received from Burt, and learned
hat the first blow was received in the 7
Mouth, which stunned.
Officer Pratt said he received the de-
endant from Mr.. Burbidge, and had held /
i'm in custody ever since. Il
A. D. Burt, the defendant, testified
nat he was standing in the doorway of
ne Fisher Beer Hall, when he saw Collin =
omlng down the street with some papers
his hand. Defendant stood there until
he subp9naes were served on Sproat and Z
urbldge, when he accosted Collin for an =
Spianation OF the "Spotter'' article in .
unday's Tribune. Collin said he d,
new nothing whatever about it. %
e said: so | am a spotter, !
n ?" and Collin said "Yes, you have ~
zen spotting here for some six or seven "
lys." Witness put his hand on Collins -
oulder, when the Deputy Marshal " "
rned around, and not knowing what ~ y,
rs to come he resolved to run no risk '"
"a struck him. Struck him more than ~ ~
ce, but don't think the blow knocked III III
m down. DE
Prosecuting Attorney Moyle briefly pc
tied to the police magistrate that this
SIS OF cases was familiar thing in the
lice Court, and thought the Court
lid best judge of the decision to make E,
against the defendant, without any If,
gthy arguments. .li'
). A. Kenner, for the defendant, III
ought that Burt had some provocation aft
justification of his conduct toward Col tic
from the existing bad feeling between Oh
I'M, Burt admitted the battery, which for
but a scrap, and should not AZ NJl
cunt to anything different than trouble +
ween two common citizens.
he Court sized up the testimony and WI ";
dered Judgment of $25 and costs W. w,
INST Burt, who was at once summoned s at
appear before the Grand Jury, where ,ao,
prosecution and many witnesses F.,
aited hearing. 40 10,