The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-09-16
WHETSTONE'S TRIAL.
Dragging Slowly Before Judge
Anderson.
The Merchants Case Before Judge Fitzgerald
Decided Against Them-0ther
News Items.

Yesterday was the fourth day that the
Milestone murder trial has been pending
before Judge Anderson. The trial is drag
ging slowly on, it viii be holly contested
by both sides before it is over and it will
likely take ut the very least weeks mere
time TO get through with the testimony and
arguments and submit the case TO thejury.
Immediately on converting yesterday
morning the cross-exa animation of Deputy
Marshal St. John was resumed. The wit
ness described the manner in which Nc
Lellan arranged his pistol. Mcclellan was
sitting in such position he had full view
of the hallway end while in that position
talked with Hiles. Mcclellan got up and
went TO the bar and shortly returned to-
ward the back room and almost i'm
mediately witness heard the report
OF pistol. Witness was the first
&c McLellan's side after he was shot and
assisted in carrying him into room. Wit
ness did not examine wound, but searched
for his pistol and found it in the front Of
his pantaloons, near his left side. Witness
cenied that Sergeant Smith removed the
pistol or that he was the first TO render
Mcclellan assistance. Witness saw the
doctors examine the wounds. He was
present when Attorney Allison took the
dispositions of Mcclellan, but did not hear
the questions.
MIR. Allison entered objections to the
method of cgoss-examination demonstrated
on the part of the defendants attorneys
and the objection was sustained.
On redirect examination witness said
that Mcclellan exclaimed after ne was shot,
''Whetstone has murdered me, why did he
do itg''
The next witness called was Constable
II. L. Steele. Witness has lived in Ogden
sixteen years and knew j. b. Mcclellan IN
his lifetime. Saw Mcclellan on the night
of March 5, last, in ShurtliT's saloon on
Twenty-fOurth street; saw him three times
that night in the same place; ne (wltness)
was playing seven-up at the time, but
milestone did not join in the game. Whet-
stone die not say anything when he first
came in hut presently returned and said,
Henry ] want 10 see you minute"
Witness went out to bar aud MILESTONE
wanted him to go around to Keck's saloon;
ct that time James Horrocks came in and
defendant also asked him 10 go with them.
Defendant said he would be around shortly
and witness and HOrrccks went around to
the place When they went in they saw
MIR. Keck behind the bar, they spoke
room where they found Mcclellan, St. John
ana lilies. Witness remained there about
ten minutes aud went out TO back room
where he found MIR. Keck and the defend
ant. Mr.. keck was endeavoring to get
MILESTONE 10 go home, and he refused.
Keck told witness tnat Mcclellan and
MILESTONE had had some trouble. While
they were talking Mcclellan came out of
the room and went toward the bar.
Shortly after he heard someone walking
and then saw Mcclellan standing il the
centre of the hallway. Witness heard the
defendant say, Stop there, Mcclellan,
stopi" Almost INN ediately the firing
began. Witness tried to get Whetstone's
gun, but was too late. Witness did not
see where Milestone went to.
The cross-examinstion of the witness
was then begun, but by the noon adjourn
ment no new points were brought out.
AFTERNOON SESSION.
Quite an amount of business was trans
acted before the examination of Steele was
resumed. The roll OF 1urymen showed all
present. Mrs. Mcclellan. wife of the de-
ceased, was spectator during the after
noon, with her little babe.
Steele's cross-examination continued
Was friend of Whetstone. Defendant
knew he was an officer. A constable. Saw
no preparations for shooting. When shot
was fired, got behind stove out of way of
room. except as lighted from front of
saloon.
Re-direct-Was also friend Of Mcclellan
Did not know latter was in saloon when he
went in.
Reuben Eggleston-Live in Ogden city.
Was here on night OF March 3. Was tend
ing bar for Il. w. Shurtllf on Twenty
Fourth street. Had night shift. Know
Henry Milestone. MILESTONE came into
bar after IL o'clock, about ten min dtes
before the shooting occurred. Came In
back door. Asked witness if he had gun
and witness ssiu no. Defendant said
nothing in reply but went into card room.
Saw Steele come out OF card room after
MILESTONE had come out Steele went out
Of front door and MILESTONE out of
eide door Immediately. Heard shot
in rear about five minutes after MILESTONE
went out. Witness went out of side door
and locked up and down the alley to see
where shot came from. Saw man stand
ing back of keek 81 Rabies saloon. Smelled
powder. but could not see smoke. Officer
Smith went from front Of alley to rear.
Figure of man went west, away from rear
of keck's saloon.
Cross-Don't know who il was that was
standing in elley. Knew Mcclellan was
often in Shurtliff's saloon; paid no particu-
lar attention to what Milestone said; gun
was there, but witness would not give it
TO him.
Re direct-Didnt give MILESTONE the
gun because witness wanted it himself
Frank Mitchell-Lived in Ogden three
years: was here in March last and was DO
lice officer or duty the night of March 5.
Knew Mcclellan and MILESTONE; had seen
neither of them that night; did not hear
shot in rear of saloon; heard shot fired in
saloon; was in front at time. He and
Geieer went to back door through his
saloon, turned around, went out of front
entrance and around 70 alley on Twenty
fourth street; reached AlcLsland's body
in ten seconds after SHOT was fred. Nc
Lellan said: ibid you get Whet; he did
it," OBJECTED to; objection oyerruled.
Went 10 front OF alley on
Twenty-fourth street; saw Milestone
and asked for Whetstone's gun. Got it
and Wnetstone said: This is bad bust
ness and IN sorry for IT." TOOK Milestone
TO city jail. Examined pistol There were
four loaded shells and Two empty ones.
All caps had marks as ii the caps had been
TAILOR. Prosecution offered shells in evil
dence. Objected 10. Overruled. Excep-
tion noted.
Cross-W Witness could not identity the
cartridges as the ones taken from Whet-
stones pistol. Saw Turner ard Burton.
night pztroimen. at alley. A long wrangle
occurred between counsel as to the admis-
sion Of certain testimony the words OF the
defendant when arrested and the time of
the utterance.
Witness said the statement of MILESTONE
that the shooting WIS forced on him was
made al the police headquarters. The de-
Tense Their tried TO show q continuity Of
Tho, ponVers ati0u berKeen Whefstona md