The Dispatch. [volume] (Provo City, Utah) 1891-1895, 1891-04-22

rltOry.
Inquiries have been made of The
officials in tie various other counties
in the district, regal ding county
buildings, etc, and they ep0rt the
same in good condition.
Attest.
II. F. GEAR. Foreman of the Grand
Jury. II. G. EDWARDS, Clerk.
They were discharged with the
thanks OF tie court and the com
munity, for the faithful discharge
of their duties.
The FITZGERALD assault case WAS
then resumed.
Jos. a. Elsemore testified; live in
American Fork; saw defendant and
Bennett on February 18th; Fitzgerald
pulled pistol and threatened to plug
Bennett; after the pistol was lowered
Bennett walked away.
To Mr.. Sutherland: Fitzgerald said:
You s. of a b, if you cross nay
path I'll plug YOU"
G. w. Jacques: Live in Provo; know
defendant and Bennett, saw them in
the street on February 11th; heard
Fitzgerald call Bennett a s. of a
b, and saw him pull pistol and
threaten to club him.
To Mr.. Sutherland: l did not see
Bennett raise his hands to Fitzgerald.
The prosecution here rested.
Jas. A Fitzgerald, the defendant,
testified: l met Bennett on the street,
on February 18th; turned and looked
at him; he saw me looking and asked
me what l was looking at him so
suspicious for; L told him l wasn't
looking at him; he said he would make
me treat him like gentleman;I didn't
like the word "make;" 50 told him l
lidn't care for him; he came at me
with his fist raised; so pulled my gun
and told him to stop or l would bore
| him.
To Mr.. Zane: l pulled my gun be-
cause | was afraid Bennett had a
weapon with him; had difficulty with
him before. and | had seen him pull
some kind of tomahawk and l was
afraid OF him.
The Court: Was your pistol loaded?
Witness: 1t was.
( To Mr.. Zane: Bennett used to be a
! deputy marshal, and he also was a
confidence man, and l think conf
dence man is capable of any deed.
Mr.. Zane: We're you ever in court
before?
The witness, after some hesitation
admitted that he had been.
This concluded the testimony.
The case was then argued and sub
mitted to the jury.
The case of the People VS.. J. w
Coburn ct al was called and auury i'm
paneled. Defendant is indicted with
having sold liquor on a Sunday in last
September at Clear Greek, Utah.
Some difficulty was experienced in
obtaining jury and special Yenirt
was issued.
The jury in the case of the People VS.
Jas. A. Fitzgerald returned verdict
of not guilty.
An order for six more jurors was
made for the rest of the term.
The case of the People VS.. j. w
Coburn ct al was then continued. Jno
NJ. Zane prosecuted and j. w. n
Whitecotton defended
Henry Weldon: l live at Clea,
Creek; L know defendants; they carr.
on general merchandising bushes;
in connection with a saloon. | re
member the day that Mulberry killed
man. l saw Mulberry that day; h,
was in defendants store; l saw som,
drinking going on at tie bar; took ;
drink myself; did not pay for it; dom
know whether it was charged to me O
not; Sanford, Simmons and Mulberr,
were in the saloon; | was drunk tina
day myself, got drunk in p. V. juno
ton; came from ?. Won the passenger
[ got the drink in the afternoon at thu
saloon. l did not see Coburn, Ii
wasn't in Clear Creek at that time
don think there is any name ever The
door, but o CobuTn is supposed to bt
the owner of the premises.
To Nr. Whitecotton: | did not set
anyone pay money for the liquor, di'
not see who gave Mulberry the drinks
don't know who passed the liquor
around.
Nathan Simmons testified; l live at
Payson; was in Clear Creek on the day
Mulberry killed man; it was on
Sunday; l was in Coburn's store thai
day; Mahon was in charge of the store
could see the bar and men drinking
there; did not see money paid for the
liquor; Mulberry was drunk; did mo-
notice whether Weldon was drunk OF
not.
To Nr. WhitecOtten: did not SET
money passed for the liquor; DOM
know what the men were drinking
drugs were kept in the store.
VIM. Rawlings: l live in Clear
Creek; remember the day Mulberry
killed man; 1 left Clear Greek in the
morning, and got back about eight
O'Clock; did not see any drinking il
the saloon that day.
To Mr.. Whitecotton: Coburn keeps
drugs in the store.
VIM. Taylor: L live at Clear Greek
was there on the day Mulberry killed d
man; was in Coburn's store; did moi
see any drinking going on; did not get