The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-15

that occasion made no claim that Hall
had threatened him or drawn knife.
MARK HALL.
the defendant was sworn. The audience
maintained breathless attention; Gave
usual personal status; had lived thirty
six years on corner Main and Eighth
Street; ga years old last October; was a
married mau and had family; had
farm three miles south, west of what is
known as Uintah fat; it was 200 acres,
held and cultivated about twenty years !;
had seen William Bybee once before
| April 10Th, in Salt Lake City, attending
meeting at friend S house where he
was introduced to Bybee, whose busi-
ness he did not know; IL was confer
ence of the Mormon Church; slept in
his wagon with Bybee all night; that
was about the 9Th or 9Th of April. about
nine or ten days before April 18th;
met Bybee again on last named Gay
on farm on Burch Greek; had been
working on building; Byhee went to
Halls farm about 10 am, when latter
was blowing in east part; encounter of
the two was between 2 and o'clock;
his little boy spoke to him about sheep
he went to drive away; Bybee and a
boy were close together by the sheep;
Bybee told his boy to drive sheep to-
ward the luceTn in Halls field, to
which he objected. asking him to drive
the sheep back, which Bybee refused,
claiming he had as much right there as
he; Hall said he had held that ground
long time and ordered Bybee off, who
said, az shant go, if you can get ne
off, do it." and also offered legal settle
ment OF the difficulty; Hall replied: Il
never had lawsuit in my life, and
won't have any now"
This kind of talk went on repeatedly,
till Hall got "out of patience" and
called Bybee sinking s of b."
Bybee then struck him and threw him
hands, Bybee hitting him; witness rose
the third time, mad by this time, and
pulled his knife out Of his right pocket
and opened it and made two strikes;
did not think he struck him the first
time, but did strike him the second;
Bybee still dealt him some blows; they
then picked up their hats and had some
more angry words, Hall threatening
him again; but on seeing the cut in
Bybee's body, and realizing the deed,
he expressed sorrow for what he had
done, and offered to get team for
Bybee and take him to his home
this Bybee refused, walking some
distance to an oak brush 70 sit down;
Hall went to his field, where he got
his wagon, and put hay into it. From
the oak brush to the wagon and back
again it took him about half an hour.
On returning he found Mr.. Clark with
Bybee, the latter on his knees resting
on the former. Said to Bybee, "Get
up, I'll help you to my house, when
Clark offered his wagon as his house
was nearer. Witness put hay from his
own wagon into Clark's, where also
some blankets were spread. Bybee laid
down III the wagon, head and shoulders
resting on Clark. He returned home
b etween and 5 O'Clock. f ON where the
fight occurred to the oak brush it may
have been about forty or fifty yards.
Bybee walked to the brush unaided
and even after walked about some.
Witness repeated further the details Of
the tussle, showing by getting on the
floor how he did the stabing with the
knife. Bybee struck him between the
first and second knife thrust and once
more after the second when Bybee STEP
ped back after another blow. He (wit-
ness) then held his knife in his hand
and Bybee told his boy, "See this man
has got knife" wnen he first met
By bee he had in his right hand a dry
tWig of oak brush and his left in his
pocket; got home with his team, some
hay in the wagon; met Frank Clark at
the gate; Frank told him Charley
Richards wanted to see him; had ad-
mitted to Clark that he had hurt Bybee,
but did not know how much; also said
he would 90 and see Richards; did not
show Clark the knife nor tell him any
thing about him, nor ask him to feel
the back of his neck, nor tell him he
had struck Bybee twice, ETC.. Clark and
he were together only about five min
utes; he had bruise on his forehead
the head, and felt hurt on the shoulder,
as one would from blows. The exam.
nation then changed over to the
STEPHENS sQUABBLE,
testified to yesterday; described the
scene of the me ing; law Stephens
and demonstrated 4 him about his
cattle being in his (Hel's) field. and |
asking him to take them away, which
Stephens refused to do, referring TO an
alleged decision in Judge Henderson's
court about letting cattle run on COM
mons after crops were of. Witness
would not believe it and insisted on
Stephens removing the stock; called
Stephens liar; telling a wiilful lie;
when Stephens hit him with his fist;
did not call him s. of b." neither
did he threaten with powder and
lead" in case the law did not protect
him; did not mention the names of
Byrne and others; his hay and wheat
stacks were faced around at the time of |
the controversy with Stephens.
Adjourned pending the ascertaining |
of disputed matter is Yesterdays de-
position of Stephens.
Afternoon Session.