The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-10-29
DECISIONS STRUGGLE.
The Efforts of the Pr0seeE'
ton in the Pearson Case.
THE WORK BY THE DEFENSE.
Pearson and His ReputatiOn-A Very
Favorable Showing Made So
Far IN the Matter.

In the Pearson trial at Provo on the
afternoon OF Wednesday, Mr.. Hague
was on the stand.
The Court held it admissible TO show
the acts and appearance of the defend
ant next day after the homicideI but
for the present he would sustain the OBJ
lection that what the defendant said
was inadmlSsable.
Defense excepted, and Mr.. Hague
said-At the first time when I saw
him next day, 18th of January, he coy
cred his face with his hands, sank into
chair and burst into tears; 1 had
known the defendant some time before
the homicide; had some business with
him about month before
Considerable discussion took place on
the objection that the witness on so
slight an acquaintance and in the
community could NOT state what his
reputatiO was.
Objection overruled.
A.-His reputation IS good; there are
Two saloons in Neph;; co not know Of
any saloons existing IN the neighbour
hood of Pearson's ranch.
ProsecutiOn-YOu say you only know
four or five persons in Nephi who knew
defendant prior to January 10th, and
upon that you undertake to pass upon
his reputation in the community
Ans.-I do, under the ruling of the
court, and as the question was formerly
put. l do not know, personally, his
reputation in the community tor peace
and quietness. 1 was attorney for de-
endant before the committing magis-
trate. sh
Yesterday morning Mr.. Geo. G. Whit
more was called.-LiVe at Nephi; am a
stockman; did not know the deceased
in his life time; have known the defend
ant since January last Excused tenn
pOrarily.
Mr.. Cagier was called for a question
on re-cross examination.
Odd Mr. WhitmOrs ask you next
morning after the homicide How s
that boy; is he only shanming or really
drunk?'
Ans.-I may have told him, as did
others, that he was under the influence
of liquor. / had a conversation in the
Union Hotel with Mr.. 3. D. Hoge, at
Nephi.
do you recolect having said that
YOU went 20 the cell t8o,Or three times
on the night of the homicide, and COW
cred defendant up; that he did not
seem to realize his situation?
Al do not remembec making such
"a statement.
Mr.. WHITMORE again. took the wit
ness stand-I know MIR. Cazier; met
him after the shooting next morning.
Q.-DO you remember the statement
that CaZier made in answer to your
question. HOw'S the boy, is be sham
ing or really drunk?
Objected to by prosecution as ina
proper S. impeach testimony in such a
way.
Objection oYerruled.
Ayes, sir; he made such q state
ment that be went TO the cell, covered
him up and he did not SEEM to realize
his condition. There are very few
people that live near Mr.. PearsOn's
ranch, no houses within two miles;
am. well acquainted in the neighbor-
hood; had known a number OF per-
sons acquainted with, Mr.. Pearson ;
heard several speak of hina that knew
him before. the homicide, ADD were
persons well acquainted II the neigh
borhoed and residents of the town; l
have heard his reputation discussed con.
siderably since for peace and quiteness.
Q-FrOh all these sources de- you
know his reputation
Ayes. Sir.
OILS it good or bad?
Objected to by the Prosecution The
question was considerably discussed
and then put in q different form as co
his reputa ion up to the time of the
homicide. Witness knew it frcaa these
sources, and that ii was good.
To Prosecution, knew of these per
sons before the homicide who knew of
the defendant prior TO the shooting
they were frie1sds of the defendant; l
had heard that p arson was shamming.
Mr.. Cazier did not intimate that; he
said Pearson was pretty drank. /
know twelve men (enumerated) who
knew defendant and discussed his char
acter within two weeks after the hOmi-
eide.
B J. Clinton was the next witness called
Il reside at Iuab, about fourteen miles
south of Nephl; am train dispatcher
and railroad agent; there are only
about forty men at Juab; l am well &C
ouainted there; know the spot on the
Sewer River where the defendant lived /;
the section d nds live near there; Lean
ington is twenty-five miles from Juab-
about seven miles from Pearson s ranch ;
the population of bennington is about
100; trains 60 by every day; the iraiI
stops when tagged there Is saloon at
Juab-nene at Harrington; l have
known the defendant over g year; first
met him at Juabs 1 had probably seen
him half dozen times before tie hOmi-
eide was committed; 1 had been to his
ranch prior to January 10th, 1886; l
knew others that knew him; if a tele-
gram had gone from Juab l would have
known it if | had been there.
a number of names were reGd over
TO the witness, whom he recognized as
acquaintance.
Among those names there are some
who claimed acquaintance with defend
ant before the homicide.
@ From all these sources do YOU