The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-02-19

the horses go and had tried t.
grab him, and Cation answered tina
1t was no use, he would hav,
got him anyway. Gallon drove bacl
to Milford, the body remaining on thu
! seat by Gallon, witness holding it there
As they were going back, witness sale
he was sorry and Gallon replied that b.
was sorry too, that he did not pack tina
gun for Cullen, and he wished it haC
been Dan Macintosh. just outside
the town he asked where they should
drive and witness told him. After they
reached Milford, Gallon said on two OF
three occasions, when men shook hands
with him, that he did not think they
would shake hands with murderer
and said 10 the witness, MY life is not
worth one cent to me now"
Witness Mexican ties lied: He saw
the three men going out; liberty ap-
peared to be sober. When they came
back Cation said he shot him and shot
him after he was dead. Cation told
witness that the pistol was n the scab-
bard and witness got it. Its calibre was
Al or As.
DR.. Fowler made post mortem ex-
animation and testified that there were
nlre bullet holes On the person of the
deceased; four were probably made by
one bullet and three might have been
made by another: they we're fatal.
Witness Baldwin testified that Cation
said
HE SHOT CULLEN
because he was choking him, that be
shot him in self-defence. Gallon also
said to DR.. Hagen: Here is your
partner. 1 killed him and killed him
good" Cation and liberty acted
as if they were drunk. Gallon had
some scars on his face and
neck. Witness More testified that
! Cation said he killed him the first shot
and thought he would put the balance
of the shots in him, and was forced to
kill him; that he thought Cation was
then Intoxicated.
A. M Stoddsrd testified that Gallon
said he hao been insu ted, and bought q
pistol with the intention of killing the
next man who insulted him, and witness
said: 81 suppose you have done 50
now" and Gallon replied, Yes
| A. J. Lewis testified that be had
| known Cation four years; that he bad
| the reputation of being a very quiet
man, sometimes notspeaking to any one
for two or three days; that witness
| thought that he was crazy, and that
| Cation received ordinary wages as q
miner.
o. S. Carver testified that he had
known defendant eight or nine years,
and that he was always considered a
peaceable and quiet citizen.
MIR. Burnison also said that defendant
had the reputation of being peaceable
and quiet man; there was evidence that
CALToN HAD ARMED HIMSELF
with pistol on another occasion, and
had made threats of violence, but there
was no evidence to show that there had
ever been any unfriendly feeling be-
tween him and the deceased before the
! fatal occasion. On the contrary there
was evidence to. show that they had
been on friendly terms.
Owing to the nature of the case and
OF the alleged condition of the
three men, and the alleged want of
capacity of the appellant, we thought
it necessary to state the evidence thus
fully. This evidence proves to moral
certainty that the appellant caused the
| death of the deceased by a pistol shot,
and that the killing was not excusable
or lustihable. The further question re-
mains, did the appellant inflict the fatal
wound with such a deliberate and pre-
meditated intention to take the life of
Cullen as authorized the jury to find
him guilty of murder in the first de-
gree? 1t appears from the evidence
that while the appellant and the de-
ceased were engaged In an angry alter
cation IN the wagon, attended with per-
sonal violence, when demonstrated with
by the witness liberty, the appellant
said, Let's quit" and that the strug-
gle then ceased; that thereupon the
appellant got the bundle in which the
pistol was, and jumped out of the
wagon upon the ground, and saying,
You will abuse me-" or You will
choke, you s. of b." took his pistol
out OF the bundle, and cursing the de-
ceased, II don't give a d-n if you are
Matt Cullen's brother. you cannot,
abuse me-" he said, and fred the deadly
shot while Cullen vas sitting upon the
seat, and when liberty haloed to him
to quit, he said,
ooh, He is DEAD.
The first shot killed him, and might
as we'll give him the rest" and when
told that Cullen was not dead, kept on
firing, in spite of the remonstrance of
liberty, and afterwards, when told that
the second or third shot missed, replied
that it was the second.
The reasonable inference FROM the
language and conduct of the appellant
is that he formed the design of taking
Cullen's life before he jumped out of
the wagon, and he th5n commenced
preparing to execute his purpose, by
getting the bundle in which the pistol
was, by getting into a position in jump
ing out of the wagon, by getting his
weapon, in taking it out of the bundle
and out of the scabbard, by leveling the
pistol at the vitals of the deceased and
by firing the deadly shots. Such prep
aration indicates Enthusiastically thought
and design: it shows premeditationoa
definite inteution to take the life of
Cullen. The means he used, the acts
he performed were suited to the result
the death of the deceased. He IN
derstood the mems that he used and
anticipated the effect. Section 1917,
COmOilod T,Qwa 0f TTfoh 1919 rive, l.,