The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-19

Business before Judge Blackburn at
Provo yesterday, was little ivelier than
usual.
TIRE BRANNoN SHOOTING sCRAPE.
The first case called was that of the Peo-
pie VS.. J. D. Brannon, charged with as
saulting Officer Westwood, near Green
river last November.
Mr. johnson testified to the defendant
having shot at Officer Westwood at the
time he was attempting to arrest him, after
which Brannon made break for his free
dom.
Thomas Farrer, constable Of Emery
county, testified to himself and Mr. West
wood starting out from Green River to ar
rest Brannon; there were two others In
company with them. They came upon
Brannon, his wife and Brig Nay about
three miles from Green River. Westwood
asked the defendant if his name was Bran
non, and he replied: mo, you s. OF BIS,
and you had better stand back.n Brannon
then fred shot at Westwood, who re-
turned at him, and there was an exchange
of shots between them. In the meantime
the defendant fed to the hills, up ravine.
The officers started in pusuit, when Brig
Nay said he would bring Brannon in and
deliver him up, which he did. Westwood
then attempted to handcuff the prisoner,
who said it was not necessary, but the
officer did not so look at the matter, and put
the letters on.
Mr. Westwood, in his testimony, stated
that he was sheriff of Emery county, and
had warrant for the arrest OF Brannon.
He started out from Green River with
Farrer, johnson and Jorgenson. Over
took Brannon and Nay and then
asked the defendant if his name
was Brannon, to which he answered: mo.
sir, and you SIS OF BIS had better stand
back" and then fired shot which passed
through the corner of the wagon box close
to the officer. After Westwood had fired
twice and some Of the others had cross
fired, Brannop retreated into the hills. Nay
went after him and brought him into camp
and delivered him up. Brannon expressed
himself on his return that he expected to
meet them again in the wash as soon as he
had filed the magazine OF his gun. The de-
PENDANT was taken to Moab an1 tried on a
charge Of petty larceny and convicted. The
prosecution rested.
The defendant Was sworn and took the
stand. He denied that Westwood told him
on his approach that he had warrant OF
arrest for him, and said the posse came up
on him and asked if his name was Bray
nard and the defendant told them no,
whereupon Westwood said: 'Throw UP
your hands" Brannon threw up his hands
and gun at the same time and shot. He
claims to have given himself up after be
| found out the errand Of this midnight
party.
On cross examination, the prisoner was
trife muddled about his past life and had
forgotten exactly where he had lived il
| Colorado.
The case was in progress as the mai
closed.
| THE swAZEY CASE.
Arthur Brown came forward with mo
ton for new trial in the case of the PEG
Pile VS.. Rodney Swazey, charged witt
stealing three calves, and arguing failure
of the jury which convicted him to weigh
the evidence according to the law. Motor
was overruled and the defendant came for
ward for sentence. He was required tt
pay the costs of the prosecution and to bt
confined in the penitentiary for term o.
one year, the lowest sentence the law al
lows Twenty days was granted in which
to file bill of acceptance. Sentence viii
commence March rs.
CONTINUED.
H. V. Jones vs.. j. w. Stewart ct al
continued for the term.