The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-05-10

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and me not see him. The man who did the
shooting ran across the street. He had the
revolver in his hand when he started
across the street. There might have been
an emigrant wagon on the street, and not
notice it. ] would not say the man who
fired the shot was not Howard Spencer. 1t
may have been, or may not have been.
do not remember having seen w. L. Pick
ard on that day.
To Youug-It was not unusual for emf
grant wagons to be on, or passing up and
down, the street The shooting occurred
a little to the northwest Of the Salt Lake
house.
Vincent Shurtliff-I have known Howard
Spencer very well during the last thirty
years. ! have not seen him within the
last year, but previous to that time / saw
him frequently remember the shooting
of Sergeant Pike, and in the same year,
was called upon a grand jury.
Brown-Who else was on that grand
Jury:
Peters-I object. 1t is not material
Brown thought it was. Hiles had said
that the reason he had not been appre-
hended before was because the defendant
had been in hiding. He proposed to show
that grand jury had investigated the
same charge and had eXonerated him.
The court ruled that the question was
not material, and Brown took his usual ex-
ception.
II. b. Clawson-The defendant is my
brother-i n-law. During the last ten or
twelve years, the defendant had been liv
ing in Orderville, Kane county. Since
moving south, the defendant has frequently
been at my house. remember
THE INJURIES SUSTAINED BY THE DEFENDANT
in 1859. There was great change in his
appearance after the injuries were received
by him.
To Hiles-Defendant was at my house a
month or more prior to his arrest, and was
about town, employed by the city. l think
he was working at or near Liberty park.
employed. In the interim between the
killing of Pike and the defendants going
south, he was in and around the city at
times. My memory is not clear as to when
he joined the United States service.
Thomas Jenkins-Have known the de-
! PENDANT about forty years, and was init
mately acquainted with him, l remember
him as he was both before and after his
! injuries. His nature, disposition and
habits were very good, and he was any
thing but gloomy and sullen before that
| time. After the occurrence at Rush Val
ley, there was a great change in his char
acter-sO much that l frequently thought
he was insane. Before moving south, he
lived on the state road, and | saw him on
all DIV CldE-C vi JllICt JlllCS ii WEEK. OllCt
he moved south, l have seen him several
times here and there.
To Hiles-l believe he moved south in
1874. Between that time and year ago, l
do not think | saw him more than four
times. He took his family with him when
he went south.
Mrs. Katherine Young-The defendant
is my brother. l was about twenty two
| years of age at that time. His natural dis
position before he was injured was good me
was frank and affectiOnate. After that
! time, however, and particularly during the
first year. he was very Respondent sullen,
gloomy and irritable. There was marked
change in his general conduct thought
from various things that l saw that he was
certainly
NOT ENTIRELY RIGHT IN HIS MIND.
He was much more excitable afterwards
than before.
To Hiles-His disposition is all right now,
so far as | know. For the first two or
three years after the injuries he was not
regarded as insane, but we all spoke of his
curious actions.
Mrs Ellen C. Clawson-Am a sister of
the defendant. l saw him the next day
after he received his injuries Prior to the
injuries, he was cheerful, lively, good TEN
pered and peaceable. Afterwards, he was
eXcitable and quarrelsOme, irritable and
mOrose. At times, he so conducted himself
as to make several of the family afraid of
him. He has resided south most of the
time during the last thirty years He has
never been in hiding to my knowledge.
To Peters, never put it in so strong
light as insanity, but l certainly thought
he was not exactly right.
At this point Mr.. Sheeks intimated to
the court that the defense had little, if any,
more testimony to introduce, but said he
would be more fully advised when the
time for the commencing Of the afternoon
session arrived.
When court reassembled in the after
noon, Mr.. Shocks announced: 1--WE rest"
N REBUTTAL.
In rebuttal, the prosecution called I.ehi
Danels-After Pike had been shot and
carried upstairs, l did not go into the
house. did not even step across the side
walk. l was about fifty or seventy feet
from Pike when the shot was fired. | did
not see him make any motion to draw a
weapon.
DR.. Dart-Am q practicing physician and
surgeon, and have been such for fourteen
years. ] was educated at the Homeopathic
college of New York. l have had only a
slight experience with cranial injuries. and
have never examined any serious cases.
Cranial injuries may produce different
effects. When an injury is inflicted such
as the defendant is said to have
received, and taking all the circumstances
of the case together, | think the act would
be more that of a sane man than an insane
man. a wound such as you have described
need not necessarily produce insanity.
To BrOwn-It does not tend to produce
healthfulness of the mind to have the skull
crushed in, but 1 can recall no cases where
such an injury resulted in insanity. l have
had but limited experience. The effects
of extracting a portion of the brain may
have an immediate injury to the mind but
it does not necessarily produce perma-
nent injury. think such an injury as the
defendant received would doubtless pro
duce temporary disease of the mind-it
might last two months and it might not.
DR.. A. G. EWING have treated several
cranial injuries. l think the act of Howard
Spencer as you describe it, was that of
sane man. An injury such as you describe
may produce insanity, but not necessarily, !
To Brown-But as far as my observation
goes it generally does produce insanity.
Insanity is a very insidious disease If a |
man injured in that way should suddenly
become excited, insanity would be most |
likely to manifest itself. If man injured
in that way should do an act foreign to |
himself in moment of great excitement, |
should consider that he was insane at the |
time. Insane persons may plan and carry |
into execution. | have had very little ex- |
perience with the insane. Extracting a |
portion of the brain would tend to produce |
insanity, or at least disease of the mind
Leonard Phillips-At the time the shot |
was fired was looking at the parties. |
did not see Pike draw pistol. He had |
none, because took off his belt myself