Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-29

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am not wanted in various places;
never tried TO hide my identity;
have said l would like to b
a Mormon Bishop; hav,
stuffed people about delivering tn,
children Of Israel, | never seriousl.
made the assertion that could rails
10, 600 men in the south; I am not :
mining expert; I was in the Ogder
Coke and Coal Co.
Mr.. Stephens-Did you enter al
the receipts on the books?
WitneSs-Oh, go on; know wha
you are driving at. Yes.
Witness, continuing-I was neve
arrested in California; | borrowed
money in Canada, and l believ,
the mortgage was foreclosed; wheI
left Canada my affairs were not il
bad condition.
Mr.. Stephens-Did you leave any
other debts
witness-I tell you now you cam
dictate To- me.
COurt-YOu must answer. 90
Mr.. Stephens-Did you leave any
other debts?
Witness langriIyj--I paid Off all
know. -
Mr.. Ste hens-was there any at,
tempt TO collect debt from Canada
here?
Witness-There was an attempt
to collect q disputed account. Tn,
claim was on a wheat gambling
transactions; il was for about 5000.
Mr.. Stephens-Were you followed
by officers to Canada for anything
criminal?
Witness-Neyer. l am not n
criminal, and you win not make
me one here.
Mr.. Stephens-Is it n common re-
mark for you to say 81 fear no man,
but fear my Corr
witness-It is not. I used it TO
Smith once.
Mr.. StepheDs-Did you ever write
to a man named Rogerson that Capt.
smith had killed five men?
witness-I don't know; l may
have done 50.
Mr.. Stephens-Did you ever
write that Smith was following you
to assassinate you
This question was ruled out by
the court, and the witEess stated
that he knew n J. Il. Middlemiss,
but not a John r., and was excused.
Ben Livingstone testified-J. II.
MiddIemiss was arrested in Ogden;
| was one Of his bondsmen-
Mr.. SchrOeder-What is his repu-
tation for truth and veracity?
Objected to; objection sustained.
Mr.. Critchlow-You are not on
good terms with Mr.. Middlemiss?
Witness-No, sir.
James Sprunt, OF Ogden, was
called, but his testimony was Oh
jected TO. The attorney for the de-
PENDANT said he wanted to show that
Middlemiss was guilty CT obtaining
money under false pretenses. The
evidence was not alloved 10 go in.
James Macintosh testified-Mid-
dlemiss told me he was a Mason.
Further evidence was objected to.
COurt-SuppOse you prove that
Middlemiss was guilty Of lying, that
would make no difference 10 the
libel. The objection is sustained.
Judge Gibbons testified that Mid
dlemiss boarded at his hotel.
Mr.. SchrOeder-Did you have
trouble to get his board bill:
WitneSs-I did. | had to bring
suit 10 get Il. Mr.. Middlemiss also
patronizcl the bar in my saloon, and
run ms face for drinks. This bill
was paid with the other.
Mr.. SchrOeder-Did he make
promises to pay, and fail TO fulfil
them?
Witncss-He did. He wanted to
pay his bill in life insurance, and i
told him preferred the cash.
Mr.. SchrOeder-Was this case he
fore the grand jury at Ogden, and
did they ignore the charge Of libel
against Smith?
Objected b.; objection sustained.
Mr.. SchrOcdeT-Did you see these
papers In the grand jury room?
Witness-Ges, sir.
The papers related to the grand
jUry's action, at Ogden, on the libel
case.
The court ruled that the testimony
could not be allowed.
Mr.. Strong testified-i have seen
Middlemiss under the influence Of
liquor lots Of times.
Further evidence was excluded.
Mr.. y. Cope testified to having
seen Middlemiss under the influence
Of liquor many times: have seen
him fighting in a saloon; he
shamefully abused an old man; he
used all kinds of prOfane language
To nearly every body in the house;
have seen him "raising the devip'
a number Of times; he insulted me
many times. On one occasion when
he did so / knocked him down
with my fist, and across the room;
then he got up, and ! knocked him
down the other way. He wanted to
murder me, so | went after him.
Mr.. Perrin estified-Mid llemiss
Is now indebted TO me.
The court ordered this to be
stricken out
Mr.. Perrin, continuing-Middle-
miss told me he was in the Con-
federate army; he said some Of the
charges in the alleged libel applied
10 J. II. Middlemiss, but il was
a cousin Of John r. Middlemiss.
Harkell w. Shurtliff testified-l
have seen Middlemiss intoxicated
several times; he run his face at my
saloon, and has never paid me; he
owes me between $40 and Sl5.
Adam NJ. Paul testihed-Mid lie
miss is indebted 20 me; he employed
me to take charge Of coal cl3ims,
and has never paid ME; he told me
he was an officer in the Confederate
army; he told Inc he had been
specially called to come to Zion 10
lead the children Of Israel out Of
bondage; he said he had great infiu-
encc in the south; told him was
not a member Of the Church.
To Mr.. Critchlow-He owes
me S2l250; Middlemiss told me
VIM. G. Hall was interested in the
coal claims, but Mr.. Hall afterwards
denied it; Middlemiss got me TO 60
down; / never was in the employ
Of Swan; when Middlemiss said he
was especially called to Zion,
he spoke seriously;he was somewhat
under the influence Of liquor.
Constable Campbell testified that
Middlemiss owed him bill.
Further testimony was ruled out
and the court took recess till this
afternoon.
This afternoon Mr.. Nicholson tes-
tilted that Middlemiss came 10 him
aud said that he was inspired
TO lead the Saints out Of bondage
that he was to be the military leader
Of the Church; he also asked Mr..
Nicholson for. a note TO recommend
him to the people in Emery
County; Mr.. Nicholson began to
Joke Middlemiss. lwhen hdtold the
yarn about being inspired, but Mid
dlemiss appeared to be serious. Wit
ness declined to give him the en-
dorsement asked for.
ID. o. RideOut was called to tes-
tify with reference to certain trans
actions involving town lots and