The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-10-27
THE DEFENSE OPENS.
The Pearson Case Still Going
on at Provo.
HIGHTON TALKS TO THE JURY.
Only a Few More Days OF Doubt a d
Despair-What the Defense
Expects to Prove.

/
that all the witnesses of the prosecution
who have not been called, should be
excused by the prosecution or give the
defense the opportunity to cross
examine them without. He said that
it was necessary as part of the whole
transaction, and it was necessary for
the prosecution to produce all the ties
timony going to prove corpus deficit.
This argument was submitted to
some extent by the prosecution, and
after some argument the motion was
sustained.
WILLIAM COLE was called by the
prosecution. He said: | live at Nephi:
was there January 10th, 1886; was down
on the vier River at Parsons ranch,
one night prior to the 10th of January :;
am now employed on Pearson'S
ranch there-haVe been employed there
about three months; was EMPLOYED by
him on the 1st of March; worked for
him that time about seven weeks; was
there t~o nights before Pearson en-
ployed me; went there to get Belli.
sons place.
PRoSECUTIoN-Why did you stop at
Pearson's place instead of at Beltson :,
by whom you were employed.
Objected to by the defense.
The Court held it admissible.
A.-~Because l was closer to Pearson's
camp. l had seen Pearson once after
the 10th of January before l engaged to
him; l had worked for BelllsOn about
ten days before [ worked for Pearson;
| went to work for Pearson because
wanted to; Pearson did not speak to
me nor [ to him about employment;
he asked me if [ would stop
down there day or two
and attend camp. stayed there about
two weeks before he employed me.
had known BelliSon about fifteen years.
l severed work for BellIson because he
had no more work for me. After this
first arrangement, first spoke to Pear
son about employment, and he then
employed me. l remained in his en-
ployment till the Sd of June; then went
to Green River; was there five weeks;
then returned TO Nephi; met Pearson
at his ranch on July 10th, and was
again employed by him; | saw defen-
dant about $50 on January 10Th at
Nephi in front of the hotel; we then
went to Chalmers saloon; we drank
alcohol teddy; MIR. Pearson called for
it; we drank three times; went after
BorroWman about 10 O'Clock; saw the
defendant after l returned in about half
an hour, near Chalmers; | was with
him about a quarter of an hour; we
had drink; defendant drank Whiskey !;
L saw him again in the afternoon
about 3 O'Clock | did not see him
again until after the homicide l saw
him ABOUT a mile and a half from
Nephi; [ had gone out in company
with him; | did not come hack with
him; it was about shutdown when l
came back to town; the defendant had
taken about six drinks during the day
to my knowledge; he took one drink
on the bridge in front of the hotel-he
drank twice out of a bottle; he Dor
rowed some money of me about 10
o'clock-S9 in all; he was so drunk he
staggere then; [ got on my horse and
went off then; he was getting on his
horse when / saw him last; Green was
with him; 1 was present when Mr..
SidwelI arrested the defendant; defen-
dant was on the road; he was on a
horse; the horse was travelling on a
trOt; did not see him urge the horse he
was going as fast as the horse would go;
the horse was going on three legs;
caught Mr.. Pearson'S horse; | did not
speak to him, nor him to me; he was
lying on the horn of the saddle.
Cross examined-Am % years old
born in Nephi: nobody ever asked me
to tell anything but the truth in this
case; 1 went once to Mr.. Pearson's
camp about three months before the
shooting; Forrest Green and Earnest
Green and Jim Rollins were there; l
was travelling to Salt Greek; had been
hunting horses, and got too far from
home to return that night; they were
all friendly at camp; saw Pearson
fist again at Foot's Hotel January
10th; just after sun rise we went to
the saloon through the alleyway; was
nobody else in the saloon but the bar
hot drinks of alcohol teddy /; |
the toddies were pretty stout;
Forrest Green proposed to go to the
aloon; he also called for the alcohol
toddy; the prosecution never spoke to
me about the case till this morning; be.
IieVe conVersed with him once before;
[ took my horse from fathers stable
rode him down the street and stood him
in Chalmers yard; wei Green, Pearson
and myself) rode out in the field Pear
son was drunk, he Wobbled first on
one side then the other side of his horse
we rode about a quarter of mile |
When returned back, as they said they !
were going to Lehi, they overlook me as |
was riding back into Nephi, when !
they overlook me [ heard them talking |
about 20 cents; Green wanted to go |
back-away from Nephi, but Pearson /
said, mo, we will go and pay the 20 |
cents" Green and Pearson went into i
the alley-way by the sstoon and went
home for my saddle as [ had made en-
gagements to ride to Lehi with them: l /
was not in the saloon that tune; when
L had saddled my horse and came
out on the street, boy said: lone of
them fellows has shot the other" /
vent to the place where the body lay
had seen no pistol about defendant /
dluiIng the day; when loaned Pearson
the ~ he offered me a pistol as security; +
-qla not see the pistol; | refused to
take It; told him l did not want it;
neato no unpleasant words during the
Nsy Ihey were very friendly; I weutf
- ) dck SIQWeIi's as sOmebndV folc IN L Ii