The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-04-22
THE STABBING CASE.
The Examination Before Commits
siOner Cross.

morning, Sheriff Belnap, in company
with Mark Hall, filed into the Fedora
Court room, and a few minutes latel
Commissioner Cross followed. 1t was
some time after, however, before pro-
ceedings commenced. When every
thing was in readiness, the complaint
of the people of the Territory of Utah
VS.. Mark Hall. alleging murder, was
rerd. J. NJ. Clark, J. T. Clarke, and ].
c. Thompson were the witnesses
examined. The testimony of ]. NJ.
Clark. who was present during the al
tercation, showed that Hall charged
| Bybee, the deceased man, with letting
his sheep run on Hairs land, when
| Bybse offered to pay any damages that
might have teen incurred. Hall re-
torted that any man who would let his
sheep run on another's land was q
dirty, lousy, So b." Bybee there
upon struck Hall and clinched him.
Hail was on the ground with his face
away from Bybee, when Bybee still kept
hitting Hall on the head. Hall pulled
knife, and struck Bybee in the stomach
twice. One of the wounds entered the
stomach, the other only entered the
cavity.
Some argument ensued as to admit
ting the statement made by Bybee be
fore his death, the defense claiming
that in order for it to be admitted the
deceased must have been certain that
he was going to die, whereas the evil
dence shows that he used the term ''if. "
He told B. II. Stowell. "if he should
go, he was to sell his property and pay
his debts, and hold tor his wife all he
could. The court finally held that the
statement of Bybee was proper evil
dence, and admitted it.
STATEMENT OF BYBEE.
The following is q copy of the state
ment of W. II. Bybee, the man who
was MORALLY stabbed by Hall, dated
Ogden. April l6, 1888:
I was on the top of the hill south.
west of Mark Hall s pIowed land, herding
sheep, when the said Hall came up TO
me with dog, and We met on the top
of the Iext hill beyond the first men
toned. My boy that 1 had with me
started the dog around the sheep.
when 1 said, "let the sheep feed
up the edge of the hill"
Mark said, "No, you WON'T" said
Yes, will" Hall said 1 had agreed
to take the sheep off when 1 was in Salt
Lake. at Conference time. 81 did, but
you told me that the land belonged 10
you, but learned subsequently thatft
was sold, and that had a right, &C
cording to the laws of the United States,
to feed on that ground" Hall said that
any man who would drive his sheep on
another mans ground was dirty,
lousy, s. of a b. Then I struck
him somewhere in the face with my
fist; then he hit me with his fist, when
we each passed several blows, from the
effects of which Hall staggered, and
dropped to his knees, when | struck
him several times on the back of the
head with my fist. He then raised to
his feet. and he said he would stat
me if l struck him again. he struck
me in the belly with his knife. l did
not know I was cut until saw the
knife in his hand. said to my boy,
look here, you see that knife. He has
stabbed me; 60 for the doctor.
w. M. BYBEE.
Moroni Brown wrote the above state
ment, and ne, with ]. NJ. Clark and B.
N
writing on the paper that the above
were substantially the facts in the mat
ter as stated by Bybee. This document
was sworn and subscribed to before
Richard Dye, justice of the peace, on
18th day of April, 1888.
DR.. Perkins was then called and
testified that he was acquainted with
Mark Hall: he visited Bybee on the
afternoon of the 18th instant; made an
examination of the body of the de-
ceased on that day; examined the head
and face only; found present in diff
erent parts embrasures of the skin,
scratches and contusions. About the
centre Of the forehead, there was dis
coloration of the skin, with an embra-
sure of the skin over that; above that
was another discoloration, with
scratches and dried blood pre-
sent. In the region Of the
lett eye brow there were also embra-
sures and discoloration. and some
swelling; further than that, behind the
right ear, there was quite an extensive
swelling and discoloration, with a
scratch about the centre; the right ear
had also scratches. He discovered
these several evidences of injuries on
the head; he examined no other part.
At this point, the prosecution rested.
and Mr. j. N. Kimball, the defendants
attorney, addressed the court, and he
was followed by Mr.. Ogden Hiles for
the prosecution. Mr.. Kimball asked
for the freedom of Mr.. Hail on bail,
claiming, at the same time, that the
evidence did not clearly show that
public offense had been committed,
but that, at any rate, that the offepse
was not murder in any degree con-
templated by our statute, the evidence
positively showed. Mr.. Hiles claimed
that the defendant should be held for
murder, and as it was a bailable Of
fenss. he would have no objection Civ
ing bail if the bond was placed at $780,
600. Mr.. Kimball agreed to give
bond of SIS 600, but pointedly showed
to the court that he was not compelled
to hold the defendant for murder be-
cause the complaint charged that of
Tense. but that he should hold the de-
PENDANT, if he thought there had been
a public offense committed by Mr..
Hall, on Just such charge as the evil
deuce to his mind seemed to indicate,
The commissioner then ruled that the
defendant be bound over in the sum of
$15 eco to appear before the grand jury
at the next sitting of the First District
@ jurt, and that he be held for volun-
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