The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-12-29

DIR. Benedict again took tie stand, and tes-
titled that he had examined the wound OF
deceased carefully, and that the shot had
entered in direct line The person shot
must have stood erect when the shot was
fired and directly facing the person who
did the shooting He stated that he had
removed the clothing from Walkey, but saw
no wounds on the arm or other parts OF the
body, except the central wound.
DIR. DART
was the next witness called by the prose
cutiop. He stated that he was familiar
with urea rms, and thought that bail fired
800 yards from a rifle and striking the
ground so as to plow furroW between two
and three feet, would necessarily be much
battered. A ball found at the Gillmor
ranch by the deputy marshal on the day of
shooting was examined. He thought the
ball should be more battered for being fired
the distance stated.
DIR. BENEDICT
was called to examine the bullet If a
bullet is fired 300 yards he thought it would
necessarily have to be changed more.
MIR. SPENCER,
a dealer in firearms, called by prosecution.
A bullet is usually much out of shape after
UCluS Hf6u OUU ydruo anu SrlhluS JIG SIOuuu
so as to plow furrow [hree feet long. He
t-ougbt the bullet looked as if it were of
defective mould. If the bullet be defective
it would not be likely to go so swiftly from
the rifle.
NJ r. EVANS
testified to having shot rife good deal.
Thought the same as the other witnesses,
that ball fired 300 yards would be much
disfgured. Examined the bullet and
thought it could hardly have been fired
that distance.
To Colonel Kaighn- 1t may not be wholly
impossible for it not to have been more
flattened, but in my Judgment it should
have been more so.
oRsoN DEMoTT.
1 saw Joe Walkey one day with Gillmor at
my fathers sfeep camp. Never saw Wal
ley raise his gun. Heard Gillmor do some
great cussing. Wall5ey ordered him off the
ground. He had his rife hung up in its
case in the cabin. Did not have it in his
hands at all while Gillmor was there.
When Gillmor left he had it in his hand
but laid it on the bed. Never saw him
point it at Gillmor. Mr.. Gillmor came to
tell Walkey some of his sheep were on his
LAID. Walkey took the gun down to kill
sheep. Never heard Walkey say he would
shoot the head off of Gillmor or anything of
that kind. The boy said he was in bed
when Gillmor came to the camp. Saw him
go west when he left Had only talked to
his papa once about the matter shortly
after it happened. All this happened
about month ago,
The prosecution here rested. It was OBJ
jected to by defendant, owing to several
witnesses whom they claimed had been
subp9naed which had not been placed on
the stand. The defendants held that
they should be placed on the stand.
Commissioner Greenman thought he had
no right to say that the prosecution should
place witnesses on the stand, when they
wished to rest the case.
Defendants still further demanded that
such witnesses be placed on the stand.
Mr.. Morse said the case was virtually
not in hands, but he was conducting it for
the prosecuting attorney.
Mr. Mckay being sent for, said he had
concluded not to put the officers who
visited Gillmor's ranch on the stand. He
had no hesitancy in stating why he did not
put them on the stand. Defendants had
taken out these officers for their own
benefit, and now if they wanted them
placed on the stand they could do it. For
defense to have the gall to ask prosecution
to place them on for them was truly
absurd.
The commissioner again ruled that he
had no power to force the prosecution to
place witness on the stand.
DEPUTY sPRAGUE
was then called by the defense He tes-
titled to having gone to Gillmor's ranch last
Monday, on request OF Deputy United
States Marshal Vandercook. He found
dead man lying on the ground, and near by
was repeating rifle full cooked 1T was
found to have one cartridge in the cham
Der. About fifty rods southwest of the
body, he found a mark in the soil, made by
bullet, which mark was about two feet
long and about three inches deep. A little
boy OF Gillmor's was with him, and he
picked the bullet up about eight feet
further on. The ball was covered with
black earth or loom did not serve any sub
penas while out there, as he had left the
subpenas at home, but told witnesses to
come The day was disagreeable, and the
soil muddy when they visited the place.
To Mr.. Morse-I got out at the place
about noon; never touched the body. When
the boy found the bullet, never saw him
pick it up, but saw him in the act of rails
ing up.
E. A. FRANKS
was next called by the defense. He testi-
fed to having visited Gillmor's ranch
under instructions from Deputy Marshal
vandercook. Found Walkey lying
about fifty yards west OF Gill
mor's house, with rife lying
near the body. Did not think that
had touched the body. Found
the gun cooked and one cartridge in it.
Found tracks of deceased going east,
nearly in the direction of the house.
To Mr.. Mouse / was not present when
the bullet was found by Gilmors little
boy, but saw it shortly afterwards, 1t was
then covered with black loan.
An adjournment was taken to 10 o'clock
Monday morning.
PIANOS! PIANOS! PIANOS!