The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-25
THE DAGOM MURDER CASE.
1t Still Occupies the Attention of the Court at
Provo.

Provo.
On the converting OF the court after the five
minutes recess yesterday afternoon, Peter Fin
hogan testihed-I know where Gilnaugh's saloon
Is. Was there on September s. This was Sun
day, know Emmit and O'Brien. We were in
the saloon an hour before the Italians came. A
quarrel ensued. After the quarrel went out at
the back 1 heard a noise and returned to the
front door. there saw defendant with gun
in his hand. He was at the right hand side of
khe door. l had heard two shots before came
to the door Defendant then aimed at my breast,
but just before he fired l fell Qllustrating) and
Scampered out of the way again illustratlng).
was sure he pointing at me. had no
weapon on at all / could see Granada plainly,
but didn't notice any blood on his face or
mouth
Mr.. Evans stated that O'Brien, the man who
was shot during the fracas, had been subpBned
several days ago but was in the hospital at that
time and yesterday when an officer went to find
whether he was able to be in attendance the
witness couldn't be found. The officers in Salt
Lake were now searching for him and the
attorney fully expected him to be here on the
morning train. He therefore asked for a con
tnuance till that time, This was granted and
the Jury took walk and court adjourned.
At the opening OF court this morning, O'Brien,
the Witness hadn't come from the metropolis,
but Mr. Evans informed the court that the wit
ness would be here on the Denver g. Rio Grande
train which reaches Provo about noon. Upon
this statement the case was held over till that
train arrived
Mr. Thurman argued motion for a new trial
in the Wright murder case, urging that the
court erred in excluding the statement Of de-
PENDANT as to his intent and the condition of his
mind at the time and just prior to the fatal rem
counter. Numerous authorities were cited on
the question.
At the conclusion of the argument Judge
Blackburn remarked that it was very delicate
matter TO review the proceedings of his prede
oeSsor in q case like this where he is not famil-
lar with all the facts If he had sat upon the
Nal ar ,v,Ha TODD la1 CHI
have admitted the testimony in question, as he
thought it was highly proper. Notwithstanding
he would override the motion.
The first thing in the afternoon the court said;
Mr. Wright stand up. Have you anything TO
you!"
Court-''You have been convicted OF the ter
rible crime ofmanslaughter. Still, from what
have heard from the attorneys OF both sides
feel that should be as lenient upon you as the
law will allow The sentence of the court is
that you be confined in the penitentiary for a
period Of one year" Defendant stood for sew
ersl seconds as though he expected the addi-
tonal, land 800 and costs" Finally, the clerk
informed him that was all and he subsidized
In the civil case of the United States VS.
James, hbir. Evans, for the government, CON
fessed the demurrer and will file an amended
complaint.
United States Commissioner Leonard's &C
counts were submitted, and on motion OF MI
Evans, approved.
The Granada murder case was resumed.
Sheriff Fowler recalled for further cross-ex-
Amination-When we arrested defendant he
said the reason he shot was that he thought we
were a mob after him. We laughed at him and
told him we hardly believed him. 1 called out
and told him we were officers.
r. Butts recalled saw defendant after the
killing 1 was with the posse looking for him.
We saw him at Castle Gate was going after
him. he stopped and asked what wanted. l
told him wanted nothing. Seventy-tive yards
was as near as we wanted to get.
The defense called John T. Ashton the lad
who was recently sentenced to the reform
school for eleven years by Judge judd was in
the Jail here two or three weeks ago. heard
Cunningham say. 81 am going TO get the of
b of dog shot or hung If can"
On cross examination-I have been in jail
several times ! reside there now for robbing
store Cunningham was talking to Connolly IN
the jail Haven't spent most of my life in jail
The boy identi ied Cunningham.
After all the postpoDements, waits and All
iournnents the witness O'Bnen did not come
from Salt Lake and the prosecution rested
Defendant Granada was sworn and gave MS
story, as follows, in a somewhat broken dialect:
NV name is Thomas Granada am thirty-one
years old 1 am an italian by birth. am
citizen OF the United States now. have been
in Utah since the cath of July lived IN Colo
ado two years before CO ming here.0I was work