Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-05
SMITH SET FREE.
10 Direct Evidence Brought A6ai1S.
Hin.
E. 4. FRANKS TESTIMONY.
Proof Weak A. To Loader, On Beth
sides.

Marshal John NJ. Young was Iilscet
en- the stand by the prosecution
and testified:
Saw Loader o. ARE -sght Of tn,
assault on Secord South and South
Temple ssrccis; he wore overall.
ana = jumper and n slouch hat; he
vas placed under a-zS@s sor being
drunk; wa fins-l and discharge
: next day learned Of the assault a.
abc:it ll:l0 pm: took five police
men and put one at each corner and
with the fifth explored the block;
saw Leader near the intersection Of
Second East and South Tetnnle
streets.
To Mr.. MurFlSy-.saw Loader in
an in;aR'esieG condition on the
nigess vi the assault.
/. y. Smith testi6ed-IivS n =
houss close to the Episcos,s,caarch:
on the nigh; II 4c-y 10th l heard
cries oT distress nearly in
fncE. OF my house: Il fence sep
arates two drive ways, one leading
into my place the other into tie
church yard; saw sorlc men strug-
CLING on the sidewalk: heard one 0f
them cry Tor help; saw one run into
tine alley west Of the church. and
another jump over the fence; cuaid
not say that Leader + one Of the
men; made an examination next
morning; saw tracks where the man
Juml.ed ever the fence: they were
made ily . number eight -i.Oe. /
Z should think: the mar who Jumped
. the fence wore , siUuched hat and
dark clothes the other man was
I rather tall; think the men wore
COATS their backs were towards me
and | could not see their faces.
To Mr.. COndou-L0oked .nroprb
a window al the men scunling
from : distance Of forty ~
tiffy :eet; the electric light
. did not shine much on thrmi on,
man was down and wardiDs~ On
[ blows, and one q ti.s. -+-yCr men
Seemed 10 be s,FiA +-,f,, saw no w .0u:
{ never saw -+.-.cf Of tine men I.for,..
was no. acquainted with James l..
, s-Ee, should judge Loo. r is about
the size Of tie man VINO iunpt-,
over the fence; thc other VS. not
mich taller, but Wa siir,rdys-. can't
Identity elthet = r'ic defendants as
beng Cue = s'iv men saw.
tn 'fr:cudaBts stood ~. side hy
side when witness said the height
correspondent with that OF the men
he slw, but Smith seemed a littip
heavier than the taller man.
To the COUst-The taller man ran
DOWN t'e street, then came back
ant ran into one Of the drIveways
west Of the church: the other nan
inio the same alley and jumped
over the fence separating the drive
ways, alightiUg In the church yaui,
Miss Maud smith, daughter 81 the
Preceding witness. testihels Live in
the SAME house ~ nav father. on the
night Of 3uIy 20, heard loud calling
near our house, looked out aud saw
tao men on the Sidewalk apparently
Euarreiing: saw one man climbing
the feB"e vhile the other was
struggling with Mr.. Caiue: could
not identify either Of the men; dOa't
know what became Of Ire man who
was struggling with Mir. Caine.
To Mr.. prisCs-I heard no wonl-.
only hcIid Mr.. e'aiue scream: think
re man vino jumped the fence VS.
rather short:
To Mr.. COnG0u-Ssw n scuni.:
the man who jumped over the fence
was not one 81 the men ! saw
scullling; the man who went over the .
fence was shcrs did not know Mr..
Game.
To tire cJurt-LOOkei through ore
windoE and saw the two men s.rug- .
Cling, then looked through another Z
and saw the man going over the f.
fence; did lot see that the latter
had been connected with tine strug-
gle.
To Mr.. Murphy, looking az Load 4
eT'S back as he stood up-CanuUt .
identify him As one Of the men / saV', /
but he is bIilt like the man who T
went over the fence.
John TTeweek-On the night &
July 10, ! was Iass!ng in front o. the t
Episcopal church, saw a man y ith .
a saichel ia his hand and two men .
close behind him; saw 10 scuiiie; .
the three men were 4 little sJuth .
and west Of the church; one Of the I
two men was a large, tall man.
larger, / think, than defendant .
smith, and wore a long black coat: 4
the shorter one wore a straw hat.
To Mr.. Driggs-The three men .
seemed 70 be talking loud together;
OGc had on a straw hat. another n I
dark hat; il was about ten O'Clock or
half past ten; could not say 10 half .
an hour; these men were on TIE
south side Of the street going east;
cav no men on the north side 0fthe
street.
Evidently Mr.. Treweek did not
see the men referred 10 10y the other
witnesses.
w. II. Pool, police officer, testi-
fei-Was on duty on the
night OF July 10; was stationed a.
the northwest corner Of the block
on which stands the Episcopal
church from about II O'Clock for
about tWO hours; my orders were 20
arrest any one saw who could not
give 4 satisfactory account Of him
self; heard footsteps coming
from the east; looked that way
and saw a man coming towards me;
arrested him: il was Mr.. Loader.
ne offered me a pocketbOok to let
him 20: took him to tine City Hail
and searched him; there was $50
in the pOcketbOok: ne was discharged
ne t morning; he had been drinking
but could walk straight and talk all
right: he wore a dark coat. dark
soft hat and overalls; got 10 the City
Hall with him about u O'Clock; an
officer was on each Of the other cor
ners OF the block, and Marshal
Young and Captain Lang were alsO
around il; there are shade trees on
the north side OF the block; along the
east part Of il the trees are large, but
near where l stood they are smaller.
To Mr.. Driggs-When l first saw
Loader he Was on the sidewalk. lie
lid not stagger; did talk much; WIS
not very drunk; preferred a charge
Of drunkenness against him: he WIS
not rum ing; am positive il was on
the 10th OF July.
Officer Riley testiied-About II
O'Clock p. m, July 10, | was sta
toned at the northeast corner OF the
block the Episcopal church stands
on: was there from about ii O'Clock /
tin half-past one; no one passed me
going west: no one could have
uassed me without my seeing him;
there was an electric light near
where l stood and another one
hlocE east: / would have seen any
one crossing from the north 70 the
south side u the street; LEFT Oiiicsr
Pool At his corner, the northwest, ,
ana went 70 mine, the northeast;
aid not see Loader that night.
il, Evans testified: Am con-