Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-05
COurt-I think the witness NAV

I 'At-tr- AH-GIlNGl klt inlGr40r OF
the block on wklca the Episcopal
Church ei.nds; n person might
easily pass through i from south u
north; a fugitive could easily hide
IN II, either nigh; eS 1sy, arrested
Loader al Peasant Grove: read
10 him The charge: when l first AZ
rested him he said he supposed l
would let him go 70 the house Of thu
man he was working for; he was Oh
load Of hay; we went from there 10
MS home; said 10 him; "IfoaGer.
you seem TO have got yourself into
a bad difilcuityi,' lie said. &C don't
KNOW on the va - The train be
met his r-ffn End told her he was
I urdyr arrest; she asked him yhs,
& icE, he said; "Nothing much; II
won't 90 to tell all you know. .
Later ] said, ''Loaivr. think you'd
better makv a clean Ersst
! u this Natter he vs'f Five
concluded I p-6r'1 y " something
like riiat' = c walked on. / expecting
{ he would talk. At. length | said;
"COncluded TO DO what:'' He said:
Make a clean breast Of this mat
! ter Later he saiJl;' u will do so
I N proper tiEi-N - q eise that he did
not kuoS anything about it, I for
get which: We walked on and spon
he denied all knowledge Of the mat
ter; the warrant Cnargt-' him with
assault Shd battery AFTER we got 70
| the slslien ! AAhed him If he knew
Jie'ntS Caine was dead; he said he
had heard u il; he told me about
having been ar7estefi sp Brigham
Street, and adT'a i.isi having tried TO
orlhe tie officer TO release him: /
asked him why he left town, and
he answered evasively.
Mr. DrigYs-Nl.e:. Leader was
arrested g.. drunkenness. why was
he not charged with assault aEd
battery?
'Nitness-l had nothing 10 do
With the case at that time,
Mr.. Frsnks--ln answer 10 further
questions pat by SIr briggs, sd-
nitted thai he trnlI hn'r - lie case
Ia order % .s'sc''-e ,ile reward OF 500
UTtsr'ii 2 ; Marshal Young.
Mr.. Drigcs-Did not Loader tell
you he was drunk on the night Of
his arrest, ami that he tried 20 'iug
his way 10 his sistpf's, --- got lost
%iln,ss-Nys IL said he was
dHunkt hp' Seve the Laieas the Ilth:
d't ,.Jt CIier reward 10 Loader 10
turn states evidence till loug
after l arrested him: told him then
that peHcns who turned states
evidence, sometimes received the
lcniency Of the court; he said lac
knew nothing about the assault Oh
Game.
To Mr.. Condor arrested
Smith; don't know whether or not
| know anything against him.
The prosecution here rested. and
Mr.. Condor moved 10 dismiss
smith, ami made an argument
mert iu support u his molten. lie
claimed that there hal been also
lutely no proof ConEectiug smith in
any way with the crime, or identi-
tying him a. one Of the uarties
having anything DO DO with il.
Mr.. Murphy said his connection
with the cast had tpEcn after the
commencement Of the prosecution,
and Will. there was not the same
evidence against Smith that there
vas against Loader, he would no;
take the responsibility Of acUeliug
10 his discharge. The two were
proven 20 have besu chums. and the I
evidence against Loader was strong.
Court don't think there IL sur
ficieul evidence 10 hold Smith. 1t /
Is not enough o. prove that he was 4
a friend 81 Loader. There ha- been
Presented ID testimony going 90 I
show that Smith wa in the vicinity /
in which tile crime was committed.
/ shall discharge Mr.. smith.
Wm. briggs asked that the exam
inatiUn Of Loader le continued till I
10 a. m. to-day. IL the court FELT /
there was ground 10 hold him * /
all.
Mr.. Murphy opposed the request |
and said the defense should have /
teen fully prepared.
Mr.. briggs Urgei that II was now |
nearly ; O'Clock. and claimed 70 I
have been surprised in the evil
dence.
The case was continued until 10
n. m. % iay.
This morning sept. - i. W.
Dri-gs. Jr., Ess!-. who wss defend
ing Robert LGa.cr. had a number Of
witnesses sworn ia behalf Of the de-
Tense. The first was Charles L.
diugs who testified: Live In salt !
lake City: am a telmster employed /
by Ellis x Evans; Loader has been |
working for the same firm; on July /
10. In a restaurant while I was 1
getting supper, / saw Loader.
about 5 O'Clock that evening
drank with Leader in the Chamber
Of Commerce saloon; / saw him at
n little before ten O'Clock on the
evening OF July 10, near the ID. *
r. G.. depot aud not far from our
camp: he told me he was going 20
camp and TO bed; We met on Se, ond
South Street; he was going west; il
was nearly ten O'Clock
To Mr.. Murphy know this
happened on July 10, because il was
ray DAY: we moved camp that day;
Il waS between nine ami ten O'Clock
that | met him: he had been drink
ing: don't know where he was on
the night Of tine llth; / said to him:
= Hello. Bot. where are you gOin.-"
He said: Il am going home 10 bed"
said: NO Use being in a hurry;
it, pay day ami we might rs wei
have a good time" He replied:
Il we got 10 70 30 work tomorrow,
and | want 10 go T. bad."
VIM. y. McCurdy, Marshal
Young's Gesk sergeant, testified: /
did not make the record OF Leaders
arrest; il was maize on a slate 10y an
officer, and copie,, il; Il shows he
was arrested at /. O'Clock on the
night Of July 18th, and ! copied it
On the morning Of the l2th; he was
fired >. paid il and was discharged:
he was slated under the name OF
Loader, but tried unfer the usme OF
Isoadering 10y a mistake 81 the po-
lice cOsrt clerk; the defendant j.
the man.
Richard C0Tc0Tan testiiet-On
July 10Th I was working for Ellis
K Evans; at about O'Clock on July
] /, saw Loader at the c irral: he was
very drunk; he laid down ia the
weeds and slept about two huIrs.
when he aw0ke: ne was still very
drunk: wore UveIall- and was in his
shirt sleeves; Staggered - he
walke,i: / know IL was July llth be-
cause the day before was pay day,
which was on the 10th, and we
moved camp on pay day; did not
watch Loader when he left camp
on the evening Of the llth; think he
had on no c1at nc all
Mrs. ZIlpha Jaques testified -
Live near the corner Of Fifth East
aud South Temple Street; the de-
PENDANT frequently came t. my
place while working in the city this
summer; left a COAT at my house:
il i the coat he NOW has on; il was
there on July In, II aud II, he took
IL away on the 18TH.
To Mr. Mfurr.bV-- He anna IN /