The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-05-10
THE EVIDENCE ALL IN
The Case Against Spencer Draw.
ing to q Close.
HILES' AND RAWLINS' ARGUMENTS
Brown VIII Follow For the Defense, and
Peters viii Close For the Prosecution
What of the Verdict?


tendance of spectators in the Third dis
trict court yesterday, on the fourth day OF
the case of the People vs. Howard o.
Spencer. charged with the murder of Ser
geant Pike. The first witness called was
George B. Spencer am brother of the
defendant. went to Rush Valley to bring
home the defendant after his injuries.
arrived there at about noon the day after
learned that he was hurt. We found
HIM in an insensible condition, in which
state he remained several days. [ remem-
Der when DR. Anderson first saw him. !
knew him well before his injury, and have
known him well since. Since his injuries
he has been very irritable and abrupt in
his conversation at times. This was more
noticeable during the first year after re-
eeiving his injuries. 1t was fully twelve
months before he could attend to his ordin-
airy duties From the 1st of June until
August, 1859 his mental condition was
changed, and it was more noticeable at
some times than others. His conversation
was incOherent. | remember the day on
which it is said Sergeant Pike was shot. !
was with the defendant on the forenoon of
that day-at the residence of Mrs. Spencer
our stepmother. ! believe we were on
luC SlICtL llldI lOItliODus udu lGCtIN llC
soldiers were in town, and was anxious to
see the man who had used the rife on my
brother | did not see Bill Hickman that
morning. | know where Cushing's shoe
shop was located. ] was not in the rear Of
that shop with my brother on that morn
ing. ! was with him all the time he was
up town that forenoon. / got home again
about dinner time For some years after
the shooting the defendant resided in the
Fourth ward of this city. He was not out
of the territory for a number of years.
After that, he removed south, and l re
moved north. He lived in the southern
part of the territory since 1874. At one
time he was in the service of the govern
ment under Captain Lot Smith, in protect
ing the mail route.
To Hiies-He ate dinner at Mrs.
Spencer's on the day in question l think
it was about 10 o'clock when met him. !
was anxious TO see Pike. ! do not know
what his feelings were in the matter. l
did not tell him that
PIKE WAS IN TOWN,
neither did he mention the matter John
Y. Green married a cousin of mine. l do
not remember seeing him that day, and /
do not think | saw Steve Taylor. | under
stood that court was to be in session that
day, but for what purpose l did not know.
The first work he did after receiving his
Injuries was Oll LLG farm. suppose. HIS
physical condition on that day was fair,
think. He could walk all right, but do not
know whether he could run or not. do
not think he was in a condition to ride
horse very far. ! was anxious to see Pike,
because felt it in my heart to take up the
quarrel. The defendant enlisted in the
United States service in 1862. to protect the
mail route against Indian depredations.
! understood he was a regularly enlisted
soldier. He has married and raised fam
lily since that time. He has been engaged
in farming and teaming l saw defendant
at the table at dinner, and the next time !
saw him was at Mrs. Spencer's, about four
miles south of the city-in the neighbor-
hood of what was known as the church
farm.
Orlando F. Herron-I remember the
shooting of Sergeant Pike in 1859. and
was an eyewitness of the occurrence. /
was stopping at the residence of d gentle
man in the rear of the Salt Lake house |
came through the alley way about ten
minutes before the shooting. 1 saw FIVE
soldiers coming down the street, and Just
as they got opposite George Goddard's
little store, a man stepped up and tapped
one of the soldiers on the shoulder. As he
did so, the soldier made a move as if to
draw gun, and a second later, the man in
a gray blouse pulled a pistol, placed it
against the right side of the soldier and
fired. Pike reeled, said
''OH, GOD! AN sHoTr
and fell The man who did the shooting
turned went across the street and disap-
peared through an alley. / do not believe
it was Howard Spencer who fired the shot.
I saw Bill Hickman on the west side Of the
street after the shooting. He was not on
the east side of the street before the shoot
ing occurred. Neither was George String
ham, Steve Taylor nor Jace Luce ] am
positive Pike had a pistol in his belt As
the man retreated across the street. some
of the soldiers drew their pistols and asked
the officer if they should fire. He said no.
To Hiles-Have known the defendant
since lS49, and was quite intimate with him
up to the time of shooting. l would see
him every few days. l was subpoenaed on
the Weber. When ] am at home, live at
Pleasant Grove The five soldiers came
down the street abreast. AS the man who
did the shooting tapped Pike upon the
shoulder and said something, Pike stopped
and the other soldiers walked on. l did not
hear the testimony of Leonard Phillips.
read Steve Ia lor's testimony.
l did not hear anyone i'm
mediately after the shooting, say "Gitr'
''I'll drop himr' or anything of that kind
The alley way he ran through was the one
that is now known as Teasders alley way.
The man who did the shooting had on
not sure. ! did not remember the shooting.
There was no popularity about the hat
that remember. l was within about ten
feet from the man when the shot was fired
/ should Judge it was a navy revolver-that
was the kind generally used in Utah in
those days. My attention was not directed
that day to the fact that it was Howard
Spencer who did the shooting. Two or
three days after the shooting, l heard that
SPENCER AND PIKE HAD TROUBLE
in Rush Valley. The first time / remem-
Der hearing that Howard Spencer was con
nected with the shooting was last year, !
after he had been arrested. ! did not see
Spencer nor Stringham that day. There /!
were some twenty-five or thirty men /.
around an emigrant wagon at the time of |
the shooting. l should judge the pistol was !
not over six or eight inches from his side |
when the shot was fired. ! do not believe |
the blouse worn by Pike contained any in |
sigma of his rank. | think he and the four |
soldiers with him were all dressed alike !
1t was some time before | saw Spencer |
after the shooting-p probably two or three |
years. ! do not know w. L. Pickard nor |
Cushing knew Alma Williams. | did |
not see him that day. If he was there, | |
did not see him. l had never hal any bust |
ness transactions with Spencer.
Hiles-And you say the man who did the |
shooting was not Spencer.
Witness do not believe it was; | never
thought it was. / did not see anybody with |
the man who did the shooting before it &C |
ccurre1.
William Brown-Remember the killing |
Gs.,1& Il l.