The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-03
The Keller Case Will Go to
the Jury To-day.
THE TESTIMONY OF THE WIFE.
The Defendants VersiOn-His
Poor Memory.

dismissal OF case. The request wa:
granted AMI then he moved, by con-
sent, the dismissal of the case of Salt
Lake City vs.. Emma De Mar, which
had come up on appeal from the JUS
tees Court. Mr.. Moyle, who repre-
sented the city, acquiesced, and the or.
,r was made. The defendant will now
come before the Police Court for ludg-
ment.
HIBBARD's SENTENCE POSTPONED.
W. A. Hubbard, the young footpad
who held up Eoenezer Y. Taylor oa the
light of the 20 OF August. came in for
sentence His attorney, ]. Easily,
asked further postponement, owing
to the fact that they had, as yet, been
unable to hear from parties in Colorado,
to whom they had written fo- evidence
as to the character borne by the defen-
dant previous to his coming TO Utah
Mr.. Clarke did not oppose the request
and Friday at 10 a. N. was the day and
hour named.
THE KELLER CASE
was resumed by recalling NJ. Living
ston, who, in answer to the queries
OF M. Clarke, explained the interior Of
the saloon by diagram, showing the
90 itioa of the revolver behind the bar,
the spot where Badgerly fell at the
tin e of the shooting where he was at
the time witness went out OF the saloon
Keller's position, and several minor de-
tails.
JOHN FRANK-Have lived in Stockton
since 1866 kn,w Keller and Wade
Badgeriy in 1871; the latter was abont 81
or % years Of age; l lived across Il g
street from the saloon; my attention
was first called to the shooting by my
hired girl, who said a man had been
killed; went to the saloon and found
Badgerlv living on the floor with bullet
seVering the jugular vein; he was car
ried across the street and died few
seconds later; Just before he expired he
made an effort to say something about
his mother, but We could not tell what
it was; the saloon was run by Maurice
Livingston, but the building was owned
By me; BaGge1ly was dressed in his
working clothes; as near Us can re-
member, the shoe, ing took place in the
fore part of May, 1871 Keller was ar
rested soon afterwards and taken to Salt
Lake; l saw him in Salt Lake two or
three times after that-a few
days after the shooting, and then
he disappeared, and l did not see him
again until Friday last, as he was get
ting cut CT the Penitentiary wagon.
To CBITCHLow was work
ing for q little German, at the Muscatine
mine; do not know that he was on the
road TO his work Or not; know nothing
about any previous Quarrels between
MAMIE LIVINGSTON (recalled) - II
found pistol ball in the saloon soon al
ter the shooting
WILLIAM n. VANDERHooF-LiYed in
Stockton in 1871; knew Keller aud Wade
Bad gerly it was about O'Clock in the
morning when l heard the shot. and a
few seconds later Frank came out of the
saloon supporting BaGgerly, who was
taken across the road, where he died a
few minutes afterwards: Keller soon
came out Of the saloon, followed by his
wife, quite crowd had gathered by
this time; Keller looked up the street,
id Il shot the s. of b." and
walked away, followed by his wife; did
no. see gun in his hand.
G. J. BERRY-Was living at Stockton
in Nav, 1871; was out of town on the
morning of the shooting; when [ came
in went to the hotel, where l found
Keller under arrest; asked him why
he had done the shooting, anu
he said he had too. that
Badgerly had tried to get away
With his wife; homicides were
n ir,r,
camps, and l did not pay much atten-
ton to it.
To CRITCHLoW-The impression got
from Keller in this conversation was
that Keller was justified in doing as he
did; that BadgeIly had insulted his
wife; not that he had to kill him to
save himself during the struggle they
had in the saloon. Badgerly was
much bigger man than Keller.
To THE CoURT-It appeared to me
that the men had had trouble previous
to the killing, and that the trouble had
come about over the wife Of Keller.
TO CRITCHLoW-I do not remember
that Keller said anything about trouble
having occurred over a woman other
than his wife; did not know of any
teoubIe that had ocCurTei bstWc en- them
the night previous.
The prosecution rested, and in stating
his case to the jury MIR. Critchlow
claimed in substance that the shooting
was done in self-defense.
MRS. KELLER Am the wife OF the de-
PENDANT, and was living with him IN
Stockton in 1871 had known Wade
Badgerly about two years at the time
OF the shooting; my husband was
miner; Badgerly had no busi-
ness, save that OF mining;
he had at one time been conn Gle vita
the regular army, and came from Caii
fornia; heard Badgerly make threats
against my husband; he insulted the
defendant several times; in the first
place he came and 0 rowed our horses
and wagon, and was very mean al GU
it: he insulted me several times, ana [
took the wagon away from him; the
night previous to the killing l called
my little girl, and Badgerly Knocked
me; my husband then went to the sa
loon, where ne met Badgerly and they
had some words; Badgerly then went
away and borrowed a gun, saying he
was going to make riddle of Keller;
at this time he fred four shots at him,
and | finally got him into the house;
the next morning. as Keller was going
out, begged him to take q gun with