The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-10-20

t6stlneQ 10 having DearQ the SnOlS 1lfeu o..
the evening of the killing Of Odds. Was u
bed about three blocks distant. One shot
was fired, then there was a lull long
enough to give a man a chance to draw a
pistol, then the shots came in quick success
sion. heard the dying statement OF Mr..
Olds. After it was read Olds said, That
is correct" He then identified the paper IN
the court as being the correct statement.
Chas. Minimum testified to being interested
In the Board of Trade saloon with Mr..
Lindsay. Remember the night Of the
shooting; saw Mr.. Olds' keys in the door
from The outside. Olds had my revolver.
Took 1t from the saloon. II is a small IS
calibre pistol. l brought il to the saloon
because Mr.. Barton said there would be
trouble. and either Lindsay, I, or MIR.
Olds would be killed. Olds and Barton had
had some trouble. The revolver was
empty when I next saw it. 1t was q five
shooter.
that Murdoch told him he had met Odds
who was afraid of an encounter and
waited in a store for long time TO avoid
him.
THE DEFENSE.
The prosecution here ended its case, and
w Il. Reid, attorney fo- the defense
came before the jury and gave his theory
Of the case. They would show that on
July Murdoch testified against Odds fer
had frequently made threats against the
life of Murdoch and afterwards he armed
himself. That on the night Of the shooting
he was in the act of avoiding Odds instead
of pursuing him, and that in passing the
saloon afterwards Odds popped out of the
saloon and fired, the fire was returned, and
after several shots he called for help and
was picked up and carried away.
The defendant was sworn and testified:
remember the 9TH of July last; was at
Mantt; L was going home: l stopped with
friend on the corner. We saw Odds COM
ing our way. 1 came up the street above
the saloon. / walked back toward the
saloon. As reached the saloon Olds came
out and fired. Immediately after l shot
aud he shot nearly the same time. My gun
went on accidenty when l was down,
which was after the shot fired by him. l
could only see him by the light of his pistol
flashes. As soon IS could brace up l shot
again. | came back toward the saloon to
avoid meeting Olds. l fired three shots;
my second shot was when fell, and 1t
went OF accidentally. l shot the second
time after seeing him by the fash of his
pistol. He had shot three times at me.
met Mr.. Lowery previous to this; told him
OF Olds' threats and made some remarks
myself Mr.. Shoemaker and Olds had told
ne of the threats of MIR. Odds. Miss Lud-
dickson had also told me of them. The
pistol used belongs to Mira. Westphal
go it at fancy dress ball. got the pistol
on this occasion because of the threats, and
thought l would be prepared for them.
Olos connected his threats with the Barton
case, in which l testified against him.
Cross examined-Conversed on the cor
ner for i've or ten minutes after Olds
passed with the girl There wss street
lamp burning on the corner across the city
hall. came up the ladies' store and
thought IL foolish TO avoid him, so passed
got he rNTSr al
month before, but did not carry the knife
got the revolver again on the 4th of July
and carried it all the time. l was once
helped out of the saloon by tho policeman.
My brother told me l had acted pretty
tough about a saloon since that time in
Heber City when [ was somewhat intoxi-
Gated. (He denied the dying statement as
given by Olds). might have told Lowery
that would be found in that ditch some
night.
Adelbert Crawford live at Manti and
know the parties to the case. Olds told
me that that s. of a o. Of Murdoch
had told a lie about him in court and that
he would make the black of e b. bite
the dust before he got through with him.
Gross examined My fatheris Murdock's
uncle. Olds knew of my friendliness to-
ward Murdoch. Olds was tall, slim man.
Orlando Shoemaker knew the parties to
the case. Saw Olds at the Board of Trade
saloon July 3, and he said he would do
Murdoch up II he ever stepped inside the
door again, and said there were TWO or
three other men he wanted to do I'D and
then he would be ready to die. l told Muir
dock what he had said
Mrs. Westphal knew Odds by sight: saw
him III the ball July 3, and he said he would
do Murdoch up before he was pulled. Muir
dock took me home that night and staid all
night The pistol belonged TO me. Muir
dock got it last February.
Cross examined - Mr.. Murdoch is nv
cousin through marriage. Think consider
able of him ss friend. No tender passions
between Us. Murdoch stsid all night for
protection; he often staid there. / locked
him In that night, so ] am sure he was
there all night / saw two men outside of
the house.
Anna Ludvickson knew the parties to
the case. On July 8, Olds said he would
kill Murdoch before he got through with
him.
To zane-I have kept. company with Mr.
Murdoch some.
George Billings heard the shooting
Thought there were seven shots fired
There was twelve or fourteen seconds be-
tween the nrst and second. After that thew
were in quick succession. The second shot
seemed the louder.
Thomas Hogan was the next man TO
testify. BE heard the shooting and gave q
similar account Of the way the shots CO.
CURED as the former witness.
James A. Barton was about sixteen reds
from the scene Of the battle and thought
the second shot the louder.
To Zane-Had been drinking during the
evening at my house. The shots came
pretty close together.
Charles Mipum thought Olds over six
feet tall.
w. K. Reid, attorney at Manti, heard the
shooting and thought the first shot the
lighter. Could see and hear some of what
was going on. Is one Of the attorneys for
tie defense.
Otter Ottsrson said that he was present
ht the dying statement OF Odds. He knew
Of two dying statements.
Zane-Did you see them both,
''Yes, sir. Joe Judd took one and Ward
Stevenson each took q statement It might
have been an interview for the paper. The
last statement was made about 8 O'Clock in
the afternoon.
DR.. Hosford, recalled stated he informed
him of his condition between and O'clock
and took his statement about o'clock,
The statement he made denied any threats
toward Murdoch.
The defense rested.
SATURDAY.
The entire forenoon was taken IN in ar.
guments by the attorneys.
The prosecution put two witnesses on
the stand to clear some minor points
AS indicated above, the Jury found Muir
dock guilty Of murder in the first degree
recommending him to the clemency of the