The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-24
He is Now on Trial Before
Judge Blackburn.
THE STORY oFTHE BLOODY CRIME
A Whisky Case in Which the Jury Failed to
Ageee-0ther Judicial lettings
From Provo.

They had gone over from term to term, al
though the defendants had repeatedly de
manded trial.
Mr.. Evans replied that he had called tn
attention of Mr. Variau to these cases, AM
the latter had replied that they wer
under the supervision of the postoffice de
partment and he did not feel like settini
them down for trial or otherwise disposinj
Of them without the consent of said depart
ment Besides, it was likely the case wout
be disposed of by civil suit and the crimina
charges dismissed.
The court thought the defendants were
entitled to trial whether the postoffic,
department consented or not, and so thu
Eases were set to be tried November Is.
LIQUOR CASE.
The demurrer to the complaint in the
case of the Peoplevs. Peter NJ. Jensen, Oh
appeal for sellilS liquor without license
was sustained, and an amended complaint
was filed at once. The case was set foI
today, but the defendant did not put in al
appearance, so his attorney consented L
proceed in his absence. Defendant ap-
peared in the nick of time and at O'Clock
the case went to trial.
Bent Hanson was sworn-I live at Mount
Pleasant. / know defendant. In January last
! saw him in a room fitted up with boxes, bottles
etc. There was another young man with me
We asked for whisky and he gave US something
l would call whisky. paid him 10 cents. The
room in front of this room was drug store
There was billiard table in the room. This
q. was just before shutdown. didn't hear defend
Sut say This is nv treat Tor III stand this"
asked defendant and RoSenlund to go in the
back room. / only paid for my own drink
Hunter owns the drug store. Defendant was
attending TO the place. The place was used for
selling liquor, l was in there several times. /
would go IN there to get drink.
Andrew RoSenund-I was at Hunters on the
29th or Seth Of january last. saw barrels and
bottles there in the room. l called for some
whisky. Jensen said there was none, but he
gave me some brandy. He said the whisky was
below. We had been playing pool that day. l
saw Bent Hanson, He asked me TO go in the
room. l didn't hear Jensen say he would stand
that. didn't see Bent pay anything. Prosecu-
ton rested.
Defendent Jensen took the stand in his own
behalf and testifed-On January 31th last was
under the employ of j. b. Hunter. l had been
N5f<ing for him month On the day this oc
--curred went into the back room with Them.
passed them out a bottle of liquor and drank
With them. Bent Hanson paid me 10 cents
Ehich he had borrowed that morning. Bent
sAHanson is q man of property and has pretty
good name. When he borrows money he gen
orally pays ii back.
This closed the testimony, aud about 40
the jury retired. They were out all night,
and about 10 o'clock wanted to come into
court. but his honor sent word to them
that if they ha Int agreed he didn t want to
see them, ana they didn't come. At noon
they came in, however, and reported that
they couldn't agree, and were discharged.
THE DAGo MURDER CASE.
Ttomes Granada, the swarthy and dis
mai Italian, was put upon trial for the
murder of Patrick Emmit in Price canon
last September.
The defendant was represert ted by
(saOrun SntharlaOH ani NJ NJ Kn1lOrcr NV
appointment Of the court.
During the impaneling of the jury Mr..
King was allowed ten minutes in
which to make motion for a
new trial in the case of the United
States VS.. John b Wasden. Mr.. Evans
resisted the motion, but as there was differ
ence between the attorneys as to the eVi-
dence adduced in the former trial, his
honor remarked that he was at loss to
know what the evidence was. He would
suggest that bill of exceptions be pre-
pared and submitted to Judge Judd for his
signature, when this court would have
something to base its opinion upon. This
was agreed to and the motion will be further
considered November 2.
Mr. Evans, who is alone in the prosecu-
ton of the Granada case, made the open
ing statement. Mr. Kellogg followed with
statement for the defense
&The witnesses for the prosecution were
1eparated during the examination.
Joseph Gilnaugh-I live at Pleasant valley.
On September 18th last was eight miles east of
Pleasant valley; have saloon there known as
the kayune saloon; l own IL; there was trouble
IN the afternoon about clock: some shooting
occurred: before the shooting there was some
loud talking inside the saloon: the saloon faces
north; the ID. & II. G.. w road and Price river
run west in front OF it; the ground west of the
house is covered with willow and brush: there is
some brush east OF the house. There was card
table in the saloon and also another table. Just
prior to the trouble, Mr.. McMartin Henry
Jeannettie, O'Bnen, Emmit Cunningham
ans others were there. The defendant
and yellow man and dark man.
all Italians, were also there. There was no
trouble before they came l saw the yellow man
and the dark man come in. l heard some loud
talk. / was sitting down by the table l looked
around and saw the yellow man with knife. L
beard names called. Don't know who com
&penced. / stopped the difficulty. Told the
to put up his knife, and told the Irishman
they ought TO have more sense. We quoted it
all down and had a drink, and thought it was
settled. ] went back to the table, when soon
the quarrel was renewed The Italians spoke
in tna!T own language. The Irish spoke
EnGli h. Scorpeto had a long knife
and l again pursuaded him to put it up. He
warned me to keep away. went out with EN-
nit when ScOrpeto and Granada came out
The former struck at Emmit with a knife.
separated them and threw Scorpeto down. De
PENDANT then took out his pistol and l went in
the house. He was looking at all of US. The
pistol was a Colts a or 40 calibre. After got
in the house heard shots fired-maybe four or
five. That is all l know about il. Emmit came
in just after the firing and asked for a
drink of water. a bullet came through
the house, and ! had business outside
and went out at the back door. Emmit
asked for something to lie down on. He looked
pale ana ! blood on his hand. l got him
pillow and blanket. He only lived between
SArly-ttve and forty minutes. l found three
wounds on his body. The bullet went in on his
right side and came out at his left. bullet
hole was through the right hand and an abra-
sion OF the skin was found across his body.
The fatal bullet entered below his ribs. During
the melee saw no weapons in the hands of any
OF the IrlShmen.
eros s-examined-l saw no shooting. There
were about six men out near the front door at
the time of the shooting. Some Of the men
went out at the back door didn't see any beer
bottles but saw d stone thrown. Don't know
who threw il. 1t might have been thrown by an
freshman IT wasn't thrown by an Italian.
saw defendant struck with stone in the mouth.
didn't see any blood The stone WASH larger
that walnut. It didn't knock Granada down,
nor even stagger him. He was standing erect
the last l saw OF him. He was getting his pistol
out al that time. There may have been hVe or
six more men than l have named Cummings
threw the stone. 1t W ISN'T Emmitt nor O'Brien.
/ found O'Brien after the shooting outside the
saloon with bullet hole through his leg. He
didn't want TO be removed as he was in great
pain.
there Septembes last was at the coroners
inquest over the body of Emmit the day after
Aihe shootinge 1t was dead body. examined
the wounds. We stripped the body. One wound
was above the right hip and the bullet came out
above the other hip. There was flesh wound
across the front Of the body, also bullet hole
through the hand Emmit had nothing but an
undershirt on when he was killed. l wasn't
there during the shooting
Harry Jenett-I was at the saloon September
s. l was there just before the shooting l saw
several men in the saloon besides defendant. l
saw deceased there. ] also saw two more Ital-
ianS there. One was sort of yellow complicated.